Document ID: chunk:federal_register_of_legislation:C2004A00879:clause:1_20
Version: federal_register_of_legislation:C2004A00879
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 6366–6874

20  Subsection 38(8)
Repeal the subsection, substitute:

 (8) Subsection (7) is an offence of strict liability.

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

 (9) Subsection (7) does not apply if:
 (a) the Council has a reasonable excuse; or
 (b) the councillor did not know that the Council had failed to comply with a provision of this section.

Note: A defendant bears an evidential burden in relation to the matters in subsection (9) (see subsection 13.3(3) of the Criminal Code).