Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001 (35 of 2001)

Schedule 1   Amendment of Acts

Chemical Weapons (Prohibition) Act 1994

5   Subsection 30(3)

Repeal the subsection, substitute:

(3) A person is guilty of an offence if:

(a) the person refuses or fails to do an act; and

(b) the refusal or failure causes a contravention of subsection (2).

Penalty: Imprisonment for 2 years.

(3A) Subsection (3) does not apply if the person has a reasonable excuse.

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


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