Document ID: chunk:federal_register_of_legislation:C2004A00770:clause:1_90
Version: federal_register_of_legislation:C2004A00770
Segment Type: clause
Provision Reference: sch 1 cl 90
Character Range: 25237–26071

90  Subsection 261C(4)
Repeal the subsection, substitute:

 (4) A person is guilty of an offence if:
 (a) the ACA has given a direction under paragraph (2)(a); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the direction.

Penalty: 10 penalty units.

 (5) A person is guilty of an offence if:
 (a) the ACA has given a direction under paragraph (2)(b); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the direction.

Penalty: 50 penalty units.

 (6) Subsections (3), (4) and (5) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

 (7) In this section:

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.