Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:1_324cb:p3
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 1 cl 324CB (pt 3/3)
Character Range: 101671–102945

of an offence based on subsection (4), strict liability applies to the physical elements of the offence specified in paragraphs (4)(a), (b), (d) and (e).

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Note 2: Subsection (6) provides a defence.

Defence

 (6) A person does not commit an offence because of a contravention of subsection (2) or (4) in relation to audit activity engaged in by an audit firm at a particular time if the person has reasonable grounds to believe that the audit firm had in place at that time a quality control system that provided reasonable assurance (taking into account the size and nature of the audit practice of the audit firm) that the audit firm and its employees complied with the requirements of this Subdivision.

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

Relationship between obligations under this section and other obligations

 (7) The obligations imposed by this section are in addition to, and do not derogate from, any obligation imposed by:
 (a) another provision of this Act; or
 (b) a code of professional conduct.

Note: Paragraph (a)—see, for example, the specific obligations imposed by Subdivision B.