Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_71
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 71
Character Range: 20734–21455

71  At the end of section 35
Add:

Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.

Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (2) Subsection (1) does not apply if the person is excused, or released from further attendance, by a member.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).