Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_2
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 599975–601315

2                                          Change is an increase in fees or charges               30 days before the change takes effect

 (6) If the change or event is not an increase in fees or charges, the notice may be given more than 3 months after the change or event occurs if:
 (a) the responsible person reasonably believes that the event is not adverse to the holder's interests and accordingly the holder would not be expected to be concerned about the delay in receiving the information; and
 (b) the notice is given no later than 12 months after the change or event occurs.

 (7) If the change or event might result in an increase in fees or charges, this section applies to the change or event as if it would result in an increase in fees or charges.

 (8) In any proceedings against the responsible person for an offence based on subsection (1), it is a defence if the responsible person took reasonable steps to ensure that the other person would be notified of the matters required by subsection (1) in accordance with subsections (3) to (8).

Note: A defendant bears an evidential burden in relation to the matters in subsection (8). See subsection 13.3(3) of the Criminal Code.

 (9) In this section:

fees or charges does not include fees or charges payable under a law of the Commonwealth or of a State or Territory.