Document ID: chunk:federal_register_of_legislation:C2004A00884:clause:1_41
Version: federal_register_of_legislation:C2004A00884
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 12423–12980

41  At the end of section 200C
Add:

 (2) For an offence based on subsection (1), strict liability applies to the circumstance, that the transfer is in connection with the transfer of the whole or any part of the undertaking or property of the company.

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

 (3) Subsection (1) does not apply to the extent that there is member approval under section 200E.

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