Document ID: chunk:federal_register_of_legislation:C2004A00878:clause:1_19
Version: federal_register_of_legislation:C2004A00878
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 5484–6159

19  Subsection 44(2)
Repeal the subsection, substitute:

 (1A) However, the person is only required to comply with the notice 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) Subsection (1) does not apply if the person has a reasonable excuse.

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

 (2) An offence under subsection (1) is an offence of strict liability.

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