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Prevention and Control of Disease (Vaccine Pass) Regulation

Part 4
L.N. 14 of 2022
Section 18
B155

(b) registered under regulation 36 of the Pharmacy and Poisons Regulations (Cap. 138 sub. leg. A).

18. Fixed penalty in discharge of liability under section 5(4)

(1) If a person commits an offence under section 5(4), the person may, in accordance with the Schedule, discharge liability for the offence by paying a fixed penalty of $5,000.

(2) The Schedule provides for matters relating to the fixed penalty.

(3) The Secretary may, by notice published in the Gazette, specify a person as the Authority for the purposes of the Schedule.

(4) A notice published under subsection (3) is not subsidiary legislation.

19. Defence

A person is taken to have established a matter that needs to be established for a defence under section 7(3), 10(3), 12(5), 13(3) or 16(4) if—

(a) there is sufficient evidence to raise an issue with respect to that matter; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

20. Circumstances not constituting reasonable excuse under section 5(2)(k)

For the purposes of section 5(2)(k), a person does not have a reasonable excuse only because—