Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:1_62
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 1 cl 62
Character Range: 25819–26457

62  Subsection 234(4)
Repeal the subsection, substitute:

 (4) A person commits an offence if:
 (a) the person is required to return his or her identity card under subsection (3); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the requirement.

Penalty: 5 penalty units.

 (5) Subsection (4) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

 (6) Strict liability applies to paragraph (4)(a).

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