Document ID: chunk:federal_register_of_legislation:C2004A00882:clause:1_189
Version: federal_register_of_legislation:C2004A00882
Segment Type: clause
Provision Reference: sch 1 cl 189
Character Range: 45943–46603

189  After subsection 41(5)
Insert:

 (5A) Subsection (5) does not apply to the extent that the person is not capable of complying with the notice.

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

 (5B) Subsection (5) does not apply to the extent that the person has a reasonable excuse.

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

 (5C) An offence under subsection (5) is an offence of strict liability.

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