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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Environment
and Heritage Legislation Amendment (Application of Criminal Code) Bill
2000
No. ,
2000
(Environment and
Heritage)
A Bill for an Act relating to the
application of the Criminal Code to certain offences, and for related
purposes
ISBN: 0642 46412X
Contents
Aboriginal and Torres Strait Islander Heritage Protection Act
1984 3
Antarctic Marine Living Resources Conservation Act
1981 6
Antarctic Treaty (Environment Protection) Act
1980 8
Environment Protection (Alligator Rivers Region) Act
1978 11
Great Barrier Reef Marine Park Act
1975 12
Hazardous Waste (Regulation of Exports and Imports) Act
1989 17
Historic Shipwrecks Act
1976 20
National Environment Protection Measures (Implementation) Act
1998 22
Ozone Protection Act
1989 23
Sea Installations Act
1987 27
Wildlife Protection (Regulation of Exports and Imports) Act
1982 29
A Bill for an Act relating to the application of the
Criminal Code to certain offences, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Environment and Heritage Legislation
Amendment (Application of Criminal Code) Act 2000.
(1) Subject to this section, this Act commences on the latest of the
following days:
(a) the 28th day after the day on which this Act receives the Royal
Assent;
(b) the 28th day after the day on which the Law and Justice Legislation
Amendment (Application of Criminal Code) Act 2000 receives the Royal
Assent;
(c) the day on which item 15 of Schedule 1 to the Criminal
Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000
commences.
(2) If Schedule 1 to the Aboriginal and Torres Strait Islander
Heritage Protection Act 2000 commences before the time applicable under
subsection (1), items 1 to 11 of Schedule 1 to this Act do not
commence.
(3) Items 28, 29 and 30 of Schedule 1 to this Act commence at
the later of the following times:
(a) the time applicable under subsection (1);
(b) the commencement of subsection 17(4) of the Antarctic (Environment
Protection) Legislation Amendment Act 1992.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
(1) Each amendment made by this Act applies to acts and omissions that
take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to
have taken place between 2 dates, one before and one on or after the day on
which a particular amendment commences, the act or omission is alleged to have
taken place before the amendment commences.
Aboriginal and Torres
Strait Islander Heritage Protection Act 1984
1 After section 6
Insert:
Chapter 2 (other than Part 2.5) of the Criminal
Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Subsection 7(3)
After “or under this Act”, insert “, the Criminal
Code”.
3 Subparagraph 21Y(1)(b)(i)
Omit “, 7 or 7A”.
4 Subparagraph
21Y(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii) section 11.1, 11.4 or 11.5 of the Criminal
Code;
5 Subsection 21G(3)
Repeal the subsection, substitute:
(3) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct:
(i) destroys or causes damage to a notice placed under this section;
or
(ii) causes interference with or the removal of a notice placed under this
section.
Penalty:
(a) if the person is a natural person—$500; or
(b) if the person is a body corporate—$2,500.
(4) In subsection (3):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
6 Section 21H
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes the terms of a declaration under this Part
relating to an Aboriginal place.
Penalty:
(a) if the person is a natural person—$10,000 or imprisonment for 5
years, or both; or
(b) if the person is a body corporate—$50,000.
(2) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes the terms of a declaration under this Part
relating to an Aboriginal object.
Penalty:
(a) if the person is a natural person—$5,000 or imprisonment for 2
years, or both; or
(b) if the person is a body corporate—$25,000.
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
7 Subsection 21U(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) the person:
(i) does an act; and
(ii) the act causes damage to, the defacing of, or interference with, an
Aboriginal object or an Aboriginal place; or
(b) the person does an act likely to endanger an Aboriginal object or
Aboriginal place.
Penalty:
(a) if the person is a natural person—$10,000 or imprisonment for 5
years, or both; or
(b) if the person is a body corporate—$50,000.
8 Subsections 22(1) and (2)
Repeal the subsections, substitute:
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes a provision of a declaration made under
Part II in relation to a significant Aboriginal area.
Penalty:
(a) if the person is a natural person—$10,000 or imprisonment for 5
years, or both; or
(b) if the person is a body corporate—$50,000.
(2) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes the terms of a declaration under this Part
relating to a significant Aboriginal object or significant Aboriginal
objects.
Penalty:
(a) if the person is a natural person—$5,000 or imprisonment for 2
years, or both; or
(b) if the person is a body corporate—$25,000.
9 At the end of
section 22
Add:
(5) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
10 Subparagraph 23(1)(b)(i)
Omit “, 7 or 7A”.
11 Subparagraph
23(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii) section 11.1, 11.4 or 11.5 of the Criminal
Code;
Antarctic Marine Living
Resources Conservation Act 1981
12 After section 4
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
13 Before subsection 8(1)
Insert:
(1A) Subject to section 7 and subsection (2) of this section,
if, otherwise than in accordance with a permit:
(a) a person in the Convention area engages in conduct; and
(b) the conduct causes the harvesting of any marine organisms;
the person is guilty of an offence against this subsection punishable, on
conviction:
(c) if the offender is a natural person—by a fine not exceeding
$50,000; or
(d) if the offender is a body corporate—by a fine not exceeding
$100,000.
14 Subsection 8(1)
Omit “harvests, or carries out research with respect to,”,
substitute “carries out research with respect to”.
15 Subsection 8(2)
Omit “subsection (1) if it is proved that”, substitute
“subsection (1A) or (1) if”.
16 At the end of subsection
8(2)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
17 At the end of
section 8
Add:
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
18 Section 10
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) a condition of a permit is applicable to the person; and
(b) the person engages in conduct; and
(c) the conduct contravenes the condition.
Penalty:
(a) if the offender is a natural person—$5,000; or
(b) if the offender is a body corporate—$10,000.
(2) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
19 Subsection 16(6)
Omit “, without reasonable excuse,”.
20 After subsection 16(6)
Insert:
(6A) An offence under subsection (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(6B) Subsection (6) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6B). See subsection 13.3(3) of the Criminal
Code.
21 Subsections 18(1), (2) and
(3)
Omit “subsection 8(1)”, substitute “subsection 8(1A) or
(1)”.
Antarctic Treaty
(Environment Protection) Act 1980
22 After section 6
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
23 Subsection 17(7)
Omit “, without reasonable excuse,”.
24 After subsection 17(7)
Insert:
(7A) An offence under subsection (7) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(7B) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7B). See subsection 13.3(3) of the Criminal
Code.
25 Before subsection 19(1)
Insert:
(1A) A person is guilty of an offence if:
(a) the person does an act; and
(b) the action:
(i) causes death or injury to a native bird, a native invertebrate or a
native mammal in the Antarctic; or
(ii) causes the taking of a native bird, a native invertebrate or a native
mammal in the Antarctic; or
(iii) causes other interference with a native bird, a native invertebrate
or a native mammal in the Antarctic; or
(iv) causes injury to or other interference with a native plant in the
Antarctic.
Penalty: $2,000 or imprisonment for 12 months, or both.
26 Paragraph 19(1)(a)
Repeal the paragraph.
27 Paragraph 19(1)(b)
Omit “collect, injure or otherwise interfere with”, substitute
“or collect”.
28 At the end of paragraph
19(1)(d)
Add “or”.
29 Paragraphs 19(1)(f) and
(g)
Repeal the paragraphs.
30 After subsection 19(1)
Insert:
(1B) A person is guilty of an offence if:
(a) the person does an act; and
(b) the action:
(i) causes any damage to or in an historic site; or
(ii) destroys, or causes damage to or the removal of, an historic
monument.
Penalty: $2,000 or imprisonment for 12 months, or both.
31 Paragraph 19(2)(e)
Omit “knowingly or recklessly”.
32 Subsection 19(3)
Omit “Subsections (1) and (2) do”, substitute “This
section does”.
33 Section 20
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) a provision of a condition of a permit is applicable to the person;
and
(b) the person engages in conduct; and
(c) the conduct contravenes the condition.
Penalty: $1,000 or imprisonment for 6 months, or both.
(2) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
34 After subsection 21(1)
Insert:
(1A) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
35 Subsection 21A(2)
Omit “knowingly or recklessly”.
36 Paragraph 21A(3)(b)
Omit “knowingly or recklessly”.
37 Subsection 21A(4)
Omit “the person proves”.
38 Paragraphs 21A(4)(a) and
(b)
Omit “that”.
39 At the end of subsection
21A(4)
Add:
Note: The defendant bears an evidential burden in relation
to the matters in subsection (4). See subsection 13.3(3) of the Criminal
Code.
Environment Protection
(Alligator Rivers Region) Act 1978
40 At the end of
Part I
Add:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
41 Subsection 31(2)
Omit “except in the performance of a function or duty under or in
connexion with this Act,”.
42 After subsection 31(2)
Insert:
(2A) Subsection (2) does not apply to acts done in the performance of
a function or duty under or in connection with this Act.
Note: The defendant bears an evidential burden in relation
to the matters in subsection (2A). See subsection 13.3(3) of the
Criminal Code.
43 At the end of subsection
31(3)
Add:
Note: The defendant bears an evidential burden in relation
to the matters in subsection (3). See subsection 13.3(3) of the Criminal
Code.
44 Subsection 31(4)
Omit “except for the purpose of advising the Minister in connexion
with this Act,”.
Insert:
(4A) Subsection (4) does not apply to acts done for the purpose of
advising the Minister in connection with this Act.
Note: The defendant bears an evidential burden in relation
to the matters in subsection (4A). See subsection 13.3(3) of the
Criminal Code.
Great Barrier Reef Marine
Park Act 1975
46 Subsection 3(4)
Repeal the subsection, substitute:
(4) A reference in this Act (other than in this subsection) to an offence
against a provision of this Act includes a reference to an offence
against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against a provision of this Act.
47 After section 4
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note 1: However, Part 2.5 of the Criminal Code
does not apply to an offence against this Act: see subsection 64(8) of this
Act.
Note 2: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
48 Section 38C
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) a permission or authority referred to in section 38B is subject
to a condition; and
(b) the condition applies to the person; and
(c) the person engages in conduct; and
(d) the conduct contravenes the condition.
Penalty: 200 penalty units.
(2) The fault element for paragraph (1)(d) is negligence.
Note: Section 5.5 of the Criminal Code defines
negligence.
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
49 Section 38G
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) a permission or authority referred to in section 38F is subject
to a condition; and
(b) the condition applies to the person; and
(c) the person engages in conduct; and
(d) the conduct contravenes the condition.
Penalty: 200 penalty units.
(2) The fault element for paragraph (1)(d) is negligence.
Note: Section 5.5 of the Criminal Code defines
negligence.
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
50 Subsection 38J(2)
Repeal the subsection, substitute:
(2) A person is guilty of an offence if:
(a) a permission referred to in subsection (1) is subject to a
condition; and
(b) the condition applies to the person; and
(c) the person engages in conduct; and
(d) the conduct contravenes the condition.
Penalty: 200 penalty units.
(2A) The fault element for paragraph (2)(d) is negligence.
Note: Section 5.5 of the Criminal Code defines
negligence.
(2B) In subsection (2):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
51 Section 39Q
Omit “intentionally or recklessly” (wherever
occurring).
52 Subsection 45(2)
Omit “, without reasonable excuse,”.
53 After subsection 45(2)
Insert:
(2A) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(2B) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2B). See subsection 13.3(3) of the Criminal
Code.
54 Subsection 45A(4)
Omit “, without reasonable excuse,”.
55 At the end of
section 45A
Add:
(5) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
56 Section 47A
Omit “, without reasonable excuse,”.
57 At the end of
section 47A
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1). See subsection 13.3(3) of the Criminal
Code.
58 Subsection 47B(2)
Omit “, without reasonable excuse,”.
59 After subsection 47B(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
60 Subsection 48(5)
Omit “, without reasonable excuse,”.
61 After subsection 48(5)
Insert:
(5A) Subsection (5) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
62 At the end of
section 59B
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
63 At the end of sections 59C and
59D
Add:
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
64 At the end of subsection
59H(1)
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (1). See section 13.4 of the Criminal
Code.
65 Subsection 59H(2)
Omit all the words and paragraphs after “proves that”,
substitute “the owner did not know that the regulated ship was in
contravention of the relevant section.”.
Note: The defendant bears a legal burden in relation to the
matter in subsection (2). See section 13.4 of the Criminal
Code.
66 Subsection 59H(3)
Repeal the subsection.
67 Subsection 59L(7)
Omit “, without reasonable excuse,”.
68 At the end of
section 59L
Add:
(8) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7). See subsection 13.3(3) of the Criminal
Code.
69 Paragraph 61B(7)(a)
Repeal the paragraph, substitute:
(a) an offence against section 6 of the Crimes Act 1914 or
section 11.4 or 11.5 of the Criminal Code; or
70 Subsection 61B(8)
Omit “section 5 of the Crimes Act 1914”, substitute
“section 11.2 of the Criminal Code”.
71 Paragraph 61B(8)(b)
Omit “, procured, or was knowingly concerned in, or party to,”,
substitute “or procured”.
72 At the end of
section 62
Add:
Note: However, the prosecutor cannot make an averment in
prosecuting for an offence that is directly punishable by imprisonment. See
section 13.6 of the Criminal Code.
Hazardous Waste
(Regulation of Exports and Imports) Act 1989
73 Paragraph 8(a)
Omit “, 7 or 7A, or subsection 86(1),”.
74 Paragraph 8(a)
After “Crimes Act 1914”, substitute “, or
section 11.1, 11.4 or 11.5 of the Criminal Code,”.
75 Paragraph 8(b)
Omit “, 7 or 7A, or subsection 86(1),”.
76 Paragraph 8(b)
After “Crimes Act 1914”, substitute “, or
section 11.1, 11.4 or 11.5 of the Criminal Code,”.
77 After section 10
Insert:
Chapter 2 (other than Part 2.5) of the Criminal
Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
78 Subsection 39(4)
Omit “knowingly”, substitute
“intentionally”.
Note: The heading to subsection 39(4) is amended by omitting
“knowledge” and substituting
“intention”.
79 Paragraph 39(6)(a)
Omit “knowingly”, substitute
“intentionally”.
Note: The heading to subsection 39(6) is amended by omitting
“knowledge” and substituting
“intention”.
80 Subsection 40(3)
Omit “knowingly”, substitute
“intentionally”.
Note: The heading to subsection 40(3) is amended by omitting
“knowledge” and substituting
“intention”.
81 Paragraph 40(5)(a)
Omit “knowingly”, substitute
“intentionally”.
Note: The heading to subsection 40(5) is amended by omitting
“knowledge” and substituting
“intention”.
82 Subsection 40A(3)
Omit “knowingly”, substitute
“intentionally”.
Note: The heading to subsection 40A(3) is amended by
omitting “knowledge” and substituting
“intention”.
83 Paragraph 40A(5)(a)
Omit “knowingly”, substitute
“intentionally”.
Note: The heading to subsection 40A(5) is amended by
omitting “knowledge” and substituting
“intention”.
84 Subsection 41A(2)
Omit “knowingly”, substitute
“intentionally”.
85 At the end of
section 43
Add:
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
86 Subsection 45(5)
Omit “, without reasonable excuse,”.
87 After subsection 45(5)
Insert:
(5A) Subsection (5) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
88 Subsection 48(3)
Omit “, without reasonable excuse,”.
89 After subsection 48(3)
Insert:
(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.
90 Subsection 52(3)
Omit “, without reasonable excuse,”.
91 At the end of
section 52
Add:
(4) 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 (4). See subsection 13.3(3) of the Criminal
Code.
92 Subsection 53(2)
Omit “, without reasonable excuse,”.
93 At the end of
section 53
Add:
(3) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
94 Section 54
Omit “, without reasonable excuse,”.
95 At the end of
section 54
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
96 Subsection 3(1) (paragraphs (b) and (c)
of the definition of offence against this Act)
Repeal the paragraphs, substitute:
(b) an offence against this Act that is taken to have been committed
because of section 11.2 of the Criminal Code; and
(c) an offence against section 11.1 or 11.4 of the Criminal
Code in relation to this Act.
97 At the end of
Part 1
Add:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
98 Subsection 13(1)
Repeal the subsection, substitute:
(1) A person contravenes this section if:
(a) the person engages in conduct; and
(b) the conduct:
(i) destroys or causes damage to a historic shipwreck or historic relic;
or
(ii) causes interference with a historic shipwreck or historic relic;
or
(iii) causes the disposal of a historic shipwreck or historic relic;
or
(iv) causes a historic shipwreck or historic relic to be removed from
Australia (including State waters), from Australian waters or from waters above
the continental shelf of Australia.
(1A) Subsection (1) does not apply if the person engages in the
conduct in accordance with a permit.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) In subsections (1) and (1A):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
99 Subsection 15(5)
Repeal the subsection, substitute:
(5) A person is guilty of an offence if:
(a) a permit has been granted to the person or is otherwise applicable to
the person; and
(b) the person engages in conduct; and
(c) the conduct contravenes a condition imposed in respect of the
permit.
Penalty: $2,000 or imprisonment for 2 years, or both.
(5A) In subsection (5):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
100 Paragraph 23(5)(a)
Omit “without reasonable excuse,”.
101 After subsection 23(5)
Insert:
(5A) Paragraph (5)(a) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
102 Paragraph 23(7)(a)
Omit “without reasonable excuse,”.
103 After subsection 23(7)
Insert:
(7A) Paragraph (7)(a) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7A). See subsection 13.3(3) of the Criminal
Code.
National Environment
Protection Measures (Implementation) Act 1998
104 After section 6
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
105 Subsection 29(2)
Repeal the subsection.
106 At the end of
Part I
Add:
Chapter 2 (other than Part 2.5) of the Criminal
Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
107 Subsection 13(6)
(penalty)
Repeal the penalty.
108 At the end of
section 13
Add:
(7) A person who contravenes this section is guilty of an offence
punishable on conviction by a fine not exceeding 500 penalty units.
(8) An offence under this section is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
109 Subsection 18(7)
Omit “, without reasonable excuse,”.
110 After subsection 18(7)
Insert:
(7A) An offence under subsection (7) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(7B) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7B). See subsection 13.3(3) of the Criminal
Code.
111 After subsection 38(2)
Insert:
(2A) An offence under this section is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
112 After subsection 44(1)
Insert:
(1A) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
113 After subsection 44(5)
Insert:
(5A) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
114 After subsection 45(1)
Insert:
(1A) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
115 After subsection 45(3A)
Insert:
(3AA) An offence under subsection (3A) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
116 Subsection 46(2)
Omit “, without reasonable excuse,”.
117 After subsection 46(2)
Insert:
(2A) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(2B) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2B). See subsection 13.3(3) of the Criminal
Code.
118 At the end of
section 50
Add:
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
119 Subsection 60(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct causes goods to be moved, altered or interfered with;
and
(c) the goods are the subject of a notice under subsection
59(2).
Penalty: Imprisonment for 2 years.
(1A) Subsection (1) does not apply if the person engages in the
conduct in accordance with a direction given to the person by the
Minister.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) In subsections (1) and (1A):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
120 Subsection 62(1)
Omit “knowingly or recklessly”.
121 Subsection 62(2)
Omit “, knowingly or recklessly”.
122 Subsections 62(3) and
(4)
Omit “knowingly or recklessly”.
123 At the end of
section 62
Add:
(5) The fault elements for:
(a) the circumstance that the statement mentioned in paragraph (1)(a)
or (2)(a) or subsection (3) or (4) is false or misleading in a material
particular; or
(b) the circumstance that the document mentioned in paragraph (1)(b)
or (2)(b) contains information that is false or misleading in a material
particular;
are knowledge and recklessness.
124 Section 63
Omit “, without reasonable excuse, wilfully”, substitute
“intentionally”.
125 At the end of
section 63
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
126 Subsection 64(1)
Omit “, without reasonable excuse,”.
127 After subsection 64(1)
Insert:
(1A) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
128 Subsections 64(2) and
(9)
Omit “subsection (1)”, substitute
“subsection (1A)”.
129 At the end of
Part I
Add:
Chapter 2 (other than Part 2.5) of the Criminal
Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
130 After subsection 14(1)
Insert:
(1A) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
131 At the end of
section 15
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
132 At the end of
section 16
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
133 After subsection 51(5)
Insert:
(5A) Strict liability applies to paragraphs (1)(b) and (c), (2)(b)
and (c) and (3)(b) and (c).
Note: For strict liability, see
section 6.1 of the Criminal Code.
134 Subparagraph
56(2)(a)(ii)
Omit “arising out of section 5 or 7 of the Crimes Act
1914”, substitute “against section 11.1 or 11.2 of the
Criminal Code”.
135 After subsection 57(3)
Insert:
(3A) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
136 Section 58
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) the person holds a permit; and
(b) the person engages in conduct; and
(c) the conduct contravenes the conditions to which the permit is
subject.
Penalty:
(a) in the case of a natural person—$50,000; or
(b) in the case of a body corporate—$250,000.
(2) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
137 At the end of
section 61
Add:
(3) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
138 Subsection 62(14)
Omit “arising out of section 5 or 7 of the Crimes Act
1914 in relation to such a contravention or to an offence against subsection
89(1) of that Act”, substitute “against section 11.1, 11.2 or
11.5 of the Criminal Code”.
139 Subsection 63(2)
Omit “, without reasonable excuse,”.
140 After subsection 63(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
141 Subsection 63(3)
Omit “subsection 64(2)”, substitute “Division 137 of
the Criminal Code”.
142 Section 64
Repeal the section.
143 Subsection 65(1)
Omit “or 58, subsection 64(1) or section”, substitute “,
58 or”.
144 Subparagraph
65(4)(b)(ii)
Omit “$25,000; or”, substitute
“$25,000.”.
145 Paragraph 65(4)(c)
Repeal the paragraph.
Wildlife Protection
(Regulation of Exports and Imports) Act 1982
146 Subsection 4(1) (definition of offence
against this Act)
Repeal the definition, substitute:
offence against this Act includes an offence
against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against a provision of this Act.
147 After section 7
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
148 Section 21
Omit “, otherwise than in accordance with a permit or an authority,
intentionally or recklessly”.
149 At the end of
section 21
Add:
(2) Subsection (1) does not apply if the specimen is exported in
accordance with a permit or an authority.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
150 Section 22
Omit “, otherwise than in accordance with a permit or an authority,
intentionally or recklessly”.
151 At the end of
section 22
Add:
(2) Subsection (1) does not apply if the specimen is imported in
accordance with a permit or an authority.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
152 Section 48
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) the person holds a permit or authority; and
(b) the person engages in conduct; and
(c) the conduct contravenes a condition imposed under subsection 47(1) in
respect of the permit or authority or, in the case of an authority under
section 43, the condition to which the authority is subject under
subsection 43(8).
Penalty: 120 penalty units.
(2) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
153 Subsection 50(4)
Repeal the subsection, substitute:
(4) A person is guilty of an offence if:
(a) the person holds a permit or an authority; and
(b) the person engages in conduct; and
(c) the conduct contravenes a condition to which the permit or authority
is subject by virtue of this section.
Penalty: 600 penalty units.
(5) In subsection (4):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
154 Subsection 51(4)
Repeal the subsection, substitute:
(4) A person is guilty of an offence if:
(a) the person holds a permit or an authority; and
(b) the person engages in conduct; and
(c) the conduct contravenes a condition to which the permit or authority
is subject by virtue of this section.
Penalty: 600 penalty units.
(5) In subsection (4):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
155 Subsection 51E(2)
Repeal the subsection, substitute:
Person not to remove or interfere with mark etc.
(2) A person contravenes this subsection if:
(a) a specimen is marked in accordance with a determination under
section 51D; and
(b) the person engages in conduct; and
(c) the conduct causes the removal of the mark or interference with the
mark, or renders the mark unusable.
156 Subsection 51E(3)
Omit “intentionally or recklessly”.
157 At the end of
section 51E
Add:
Defence
(4) Subsection (2) does not apply if the person engages in the
conduct in accordance with a determination under section 51D.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
Definition
(5) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
158 Paragraphs 53(1)(a) and
(b)
Omit “without reasonable excuse (proof of which lies upon the
person)”.
159 After subsection 53(1)
Insert:
(1B) Subsection (1) does not apply if the person proves that the
person has a reasonable excuse.
Note: The defendant bears a legal burden in relation to the
matter in subsection (1B). See section 13.4 of the Criminal
Code.
160 After subsection 53(2)
Insert:
Note: The defendant bears a legal burden in relation to the
matter in subsection (2). See section 13.4 of the Criminal
Code.
161 After subsection 53(3)
Insert:
Note: The defendant bears a legal burden in relation to the
matter in subsection (3). See section 13.4 of the Criminal
Code.
162 Subsection 53(4)
Omit “subsection (2) or (3)”, substitute “this
section”.
163 Paragraphs 53A(2)(c) and
(3)(c)
Omit “intentionally or recklessly”.
164 Section 57N
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) the person is the holder, or one of the holders, of a registration
certificate; and
(b) the person engages in conduct; and
(c) the conduct contravenes a condition of the certificate.
Penalty: 120 penalty units.
(2) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
165 Section 57S
Repeal the section, substitute:
Divisions 2 and 3 apply to a partnership as if the partnership were
a person, except that obligations that would be imposed on the partnership are
imposed instead on each partner, but may be discharged by any of the
partners.
166 Subsection 61(3)
Omit “, without reasonable excuse,”.
167 At the end of
section 61
Add:
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(5) 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 (5). See subsection 13.3(3) of the Criminal
Code.
168 Subsection 62(9)
Omit “, without reasonable excuse,”.
169 After subsection 62(9)
Insert:
(9A) Subsection (9) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (9A). See subsection 13.3(3) of the Criminal
Code.
170 Subsection 67(3)
Omit “, without reasonable excuse,”.
171 After subsection 67(3)
Insert:
(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.
172 Subsection 69(3)
Omit “subsections (6) and (7)”, substitute
“subsections (6), (7) and (8)”.
173 Subsection 69(3)
Omit “to the extent that the person is capable of doing
so”.
174 At the end of subsection
69(6)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6). See subsection 13.3(3) of the Criminal
Code.
175 At the end of subsection
69(7)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7). See subsection 13.3(3) of the Criminal
Code.
176 At the end of
section 69
Add:
Capability to answer question
(8) If a person is asked a question under subsection (2), the person
is only required to answer the question to the extent that the person is capable
of doing so.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (8). See subsection 13.3(3) of the Criminal
Code.
177 Subsection 71A(1)
Repeal the subsection, substitute:
(1) If:
(a) a person engages in conduct; and
(b) the conduct causes the rescue of any goods that have been, or are
about to be, seized under this Act;
the person is guilty of an offence punishable on conviction by imprisonment
for a term not exceeding 2 years.
(1A) If:
(a) a person engages in conduct; and
(b) the conduct causes any goods to be staved, broken or destroyed, or any
documents relating to any goods to be destroyed; and
(c) the conduct hinders or prevents the seizure of goods, the securing of
goods, or the proof of any offence under this Act;
the person is guilty of an offence punishable on conviction by imprisonment
for a term not exceeding 2 years.
178 At the end of
section 71A
Add:
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.