Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:3_73
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 3 cl 73
Character Range: 69736–70504

73  Subsection 45(2)
Repeal the subsection, substitute:

 (2) A person must not fail to comply with a notice under this section.

Penalty: 10 penalty units.

 (2A) Subsection (2) does not apply to the extent that the person is not capable of complying with that subsection.

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

 (2B) Subsection (2) does not apply if the person has a reasonable excuse.

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

 (2C) An offence under subsection (2) is an offence of strict liability.

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