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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Education,
Training and Youth Affairs Legislation Amendment (Application of Criminal Code)
Bill 2001
No. ,
2001
(Education, Training and Youth
Affairs)
A Bill for an Act relating to the
application of the Criminal Code to certain offences, and for related
purposes
Contents
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 Education, Training and Youth Affairs
Legislation Amendment (Application of Criminal Code) Act 2001.
This Act commences on the day after the day on which this Act receives
the Royal Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 At the end of
Chapter 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.
2 Subsection 52(1)
Repeal the subsection, substitute:
(1) A person must not require or request a student to quote the
student’s tax file number.
Penalty: $10,000 or imprisonment for 2 years, or both.
(1A) Subsection (1) does not apply if:
(a) provision is made by or under this Chapter or another law of the
Commonwealth for the student to quote the number to the person; or
(b) the person requires or requests the number to be quoted in connection
with the person acting on the student’s behalf in the conduct of the
student’s affairs.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (1A), see subsection 13.3(3) of the Criminal
Code.
3 Subsection 53(1)
Repeal the subsection, substitute:
(1) A person must not:
(a) record a student’s tax file number or maintain such a record;
or
(b) use a student’s tax file number in a manner connecting it with
the student’s identity; or
(c) divulge or communicate a student’s tax file number to another
person.
Penalty: $10,000 or imprisonment for 2 years, or both.
(1A) Subsection (1)
does not apply to the extent required or permitted by, or reasonably necessary
in order to comply with an obligation imposed by, this Chapter or another law of
the Commonwealth.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (1A), see subsection 13.3(3) of the Criminal
Code.
(1B) Subsection (1) does not apply in connection with the person
acting on the student’s behalf in the conduct of the student’s
affairs.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (1B), see subsection 13.3(3) of the Criminal
Code.
4 Subsection 78(4)
Omit “except for the purposes of this Chapter, or otherwise than in
the performance of the person’s duties as an officer,”.
5 After subsection 78(4)
Insert:
(4A) Subsection (4) does not apply to the extent that the person
makes the record of the information, or divulges or communicates the
information, for the purposes of this Chapter or in the performance of the
person’s duties as an officer.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (4A), see subsection 13.3(3) of the Criminal
Code.
(4B) For the purposes of an offence against subsection (4), strict
liability applies to the physical element of circumstance, that the information
was disclosed or obtained under or for the purposes of this Chapter.
Note: For strict liability, see section 6.1 of the
Criminal Code.
1 At the end of Part 1
Add:
Chapter 2 (except Part 2.5) of the Criminal Code applies
to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Subsection 12ZU(4)
Omit “, except for the purposes of this Division, or in the
performance of the person’s duties as an officer”.
3 After subsection 12ZU(4)
Insert:
(4A) Subsection (4) does not apply to the extent that the person
makes the record of the information, or discloses the information, for the
purposes of this Division or in the performance of the person’s duties as
an officer.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (4A), see subsection 13.3(3) of the Criminal
Code.
(4B) For the purposes of an offence against subsection (4), strict
liability applies to the physical element of circumstance, that the information
was disclosed or obtained under or for the purposes of this Division.
Note: For strict liability, see section 6.1 of the
Criminal Code.
4 Subsection 42(5)
Omit “, without reasonable excuse,”.
5 After subsection 42(5)
Insert:
(5A) Subsection (5) does not apply if the party has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (5A) (see subsection 13.3(3) of the Criminal
Code).
6 Subsection 49(1)
Omit “, without reasonable excuse,”.
7 After subsection 49(1)
Insert:
(1A) 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 (1A) (see subsection 13.3(3) of the Criminal
Code).
8 Subsection 347(10)
Repeal the subsection, substitute:
(10) A person must not refuse or fail to comply with a requirement made
under section 343, 344 or 345.
Penalty: Imprisonment for 12 months.
(11) Subsection (10) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (11) (see subsection 13.3(3) of the Criminal
Code).
(12) Subsection (10) does not apply to the extent that the person is
not capable of complying with the requirement.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (12) (see subsection 13.3(3) of the Criminal
Code).
(13) For the purposes of an offence against subsection (10), strict
liability applies to the physical element of circumstance, that the requirement
was made under section 343, 344 or 345.
Note: For strict liability, see section 6.1 of the
Criminal Code.
9 Paragraph 352(b)
Repeal the paragraph.
10 Paragraph 353(b)
Repeal the paragraph.
11 At the end of
section 357
Add:
(2) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance, that the
contravention is a contravention of this Division.
Note: For strict liability, see section 6.1 of the
Criminal Code.
12 Paragraph 358(b)
Repeal the paragraph, substitute:
(b) makes representations that the person knows or ought reasonably to
know are untrue with the intention of soliciting the disclosure of the
information from the officer;