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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 337AA

Strict liability offences

  (1)   A person commits an offence of strict liability if the person:

  (a)   fails to comply with a requirement under subsection   335D(1) to take an oath or make an affirmation; or

  (b)   contravenes subsection   335E(2) (questioning to take place in private); or

  (c)   fails to comply with a requirement under paragraph   335G(2)(a) in relation to a record of statements made during questioning; or

  (d)   contravenes section   335H (conditions on use of copies of records of statements made during questioning).

Penalty:   60 penalty units.

  (2)   A person commits an offence of strict liability if the person fails to comply with a requirement under subsection   335F(2) to stop addressing an investigator, or questioning an attendee.

Penalty:   60 penalty units.

  (3)   Subsections   (1) and (2) do not apply to the extent that the person has a reasonable excuse.

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



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