Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:21_47
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 21 cl 47
Character Range: 93897–95398

47  Subsection 112(2B)
Repeal the subsection, substitute:

 (2B) A person is guilty of an offence if:
 (a) a licence or permission has been granted, on or after 10 November 1977, under the regulations; and
 (b) the licence or permission relates to goods that are not narcotic goods; and
 (c) the licence or permission is subject to a condition or requirement to be complied with by the person; and
 (d) the person engages in conduct; and
 (e) the person's conduct contravenes the condition or requirement.

Penalty: 100 penalty units.

 (2BA) Subsection (2B) is an offence of strict liability.

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

 (2BB) Absolute liability applies to paragraph (2B)(a), despite subsection (2BA).

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (2BC) A person is guilty of an offence if:
 (a) a licence or permission has been granted, on or after 10 November 1977, under the regulations; and
 (b) the licence or permission relates to goods that are narcotic goods; and
 (c) the licence or permission is subject to a condition or requirement to be complied with by the person; and
 (d) the person engages in conduct; and
 (e) the person's conduct contravenes the condition or requirement.

 (2BD) A person who is convicted of an offence against subsection (2BC) is punishable as provided by section 235.

 (2BE) Absolute liability applies to paragraph (2BC)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code.