Offences—fail to comply with control declaration
61 Offences—fail to comply with control declaration
A person must comply with a control declaration.
Maximum penalty: 50 penalty units.
A person commits an offence if the person intentionally or negligently fails to comply with a control declaration.
Maximum penalty: 1 000 penalty units.
An offence against subsection (1) is a strict liability offence.
This section does not apply if, at the time the person committed the offence, the person was not made aware of the control declaration.
The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
For subsection (4) a person is made aware of a control declaration if—
public notice of the declaration was given under section 53 (1); or
the person was given a copy of the declaration; or
an authorised person told the person orally, or in writing, about the declaration.
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