Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_433
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 433
Character Range: 252765–253445

433  Subsection 232(4)
Repeal the subsection, substitute:

 (4) Subsection (2) does not apply if:
 (a) the person, or any other person or body, is required by or under a law of the Commonwealth to notify the Secretary of the action; or
 (b) the action is in a class of actions:
 (i) that are specified in an agreement or arrangement between the Secretary and a Commonwealth agency, or an agency of a State or self‑governing Territory; and
 (ii) that the agreement or arrangement provides are to be notified to the Secretary by the agency.

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