Document ID: chunk:federal_register_of_legislation:C2005C00499:clause:1_88
Version: federal_register_of_legislation:C2005C00499
Segment Type: clause
Provision Reference: sch 1 cl 88
Character Range: 38898–39379

88  After subsection 12DM(1)
Insert:

 (1A) Subsection (1) does not apply if the person had reasonable cause to believe that there was a right to payment.

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

 (1B) An offence under subsection 12GB(1) relating to subsection (1) of this section is an offence of strict liability.

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