Offences Part IV Section 92 such a requirement of a person, the person shall not fail to comply with the requirement. Penalty: 10 penalty units. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 92 Particulars of complaints not to be communicated (1) Subject to subsection (2), where a complaint alleging that a person has done an act that is unlawful under Division 3 of Part II is lodged with the Commission under section 46P of the Australian Human Rights Commission Act 1986, a person shall not make a record of, or divulge or communicate to any other person, any particulars of that complaint until: (a) the President has commenced to inquire into the act; or (ab) the complaint is withdrawn under section 46PG of the Australian Human Rights Commission Act 1986; or (b) the President terminates the complaint under section 46PE or 46PH of the Australian Human Rights Commission Act 1986. Penalty: 10 penalty units. (1A) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Nothing in subsection (1) prohibits: (a) the President, a member of the Commission, a member of the staff assisting the Commission or a person acting under the direction or authority of the Commission or of the President or pursuant to a delegation under section 104 from making a record of, or divulging or communicating, any particulars of a complaint in the performance of a duty under or in Sex Discrimination Act 1984 Compilation No. 42 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 69 Registered: 08/10/2021