Commonwealth Consolidated Acts

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PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 39

Production of permit

  (1)   An inspector may require any person whom the inspector suspects on reasonable grounds of intending to export, of exporting, or of having exported, an Australian protected object to produce a permit or certificate authorising the export or to produce evidence of the existence and contents of such a permit or certificate.

  (2)   A person who fails to comply with a requirement made under subsection   (1) commits an offence punishable on conviction by a fine not exceeding 10 penalty units.

  (3)   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   (3) (see subsection   13.3(3) of the Criminal Code ).

  (4)   Subsection   (2) is an offence of strict liability.

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



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