Document ID: chunk:federal_register_of_legislation:C2004A00878:clause:1_114
Version: federal_register_of_legislation:C2004A00878
Segment Type: clause
Provision Reference: sch 1 cl 114
Character Range: 24504–25256

114  Subsection 82U(1)
Repeal the subsection, substitute:

 (1) A person is guilty of an offence if the person refuses or fails to comply with a requirement of an inspector under section 82S that is applicable to the person.

Penalty: $1,000 or imprisonment for 6 months, or both.

 (1A) However, the person is only required to comply with the requirement to the extent that the person is capable of doing so.

Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.

 (1B) In subsection (1), strict liability applies to the physical element of circumstance, that the requirement is under section 82S.

Note: For strict liability, see section 6.1 of the Criminal Code.