Document ID: chunk:federal_register_of_legislation:C2004A00770:clause:1_121
Version: federal_register_of_legislation:C2004A00770
Segment Type: clause
Provision Reference: sch 1 cl 121
Character Range: 31579–32295

121  Subsection 415(2)
Repeal the subsection, substitute:

 (2) A person is guilty of an offence if:
 (a) the person is a manufacturer or importer of customer equipment or customer cabling; and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes a requirement referred to in subsection (1).

Penalty: 100 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

 (3) Subsection (1) does not apply if the person has a reasonable excuse.

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

 (4) In this section:

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.