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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
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Foreign
Affairs and Trade Legislation Amendment (Application of Criminal Code) Bill
2000
No. ,
2000
(Foreign Affairs and
Trade)
A Bill for an Act relating to the
application of the Criminal Code to certain offences, and for related
purposes
ISBN: 0642 454574
Contents
Australian Trade Commission Act
1985 3
Chemical Weapons (Prohibition) Act
1994 3
Comprehensive Nuclear Test-Ban Treaty Act
1998 7
Diplomatic and Consular Missions Act
1978 7
Export Expansion Grants Act
1978 8
Export Finance and Insurance Corporation Act
1991 8
International Organisations (Privileges and Immunities) Act
1963 8
Nuclear Non-Proliferation (Safeguards) Act
1987 9
Passports Act
1938 10
Registration of Deaths Abroad Act
1984 12
South Pacific Nuclear Free Zone Treaty Act
1986 12
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 Foreign Affairs and Trade Legislation
Amendment (Application of Criminal Code) Act 2000.
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.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Australian Trade
Commission Act 1985
1 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.
Chemical Weapons
(Prohibition) Act 1994
2 At the end of Part 1
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.
3 Section 12
Omit “, intentionally or recklessly”, substitute
“intentionally”.
4 Subsection 29(3)
Repeal the subsection, substitute:
(3) A person is guilty of an offence if:
(a) the person refuses or fails to do an act; and
(b) the refusal or failure causes a contravention of subsection (1)
or (2).
Penalty: Imprisonment for 1 year.
(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.
5 Subsection 30(3)
Repeal the subsection, substitute:
(3) A person is guilty of an offence if:
(a) the person refuses or fails to do an act; and
(b) the refusal or failure causes a contravention of
subsection (2).
Penalty: Imprisonment for 2 years.
(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.
6 Subsection 31(4)
Repeal the subsection, substitute:
(4) A person must comply with a notice given to the person under this
section.
(4A) A person is guilty of an offence if:
(a) the person refuses or fails to do an act; and
(b) the refusal or failure causes a contravention of
subsection (4).
Penalty: Imprisonment for 1 year.
(4B) Subsection (4A) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4B). See subsection 13.3(3) of the Criminal
Code.
(4C) Subsection (4A) does not apply to the extent that the person is
not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4C). See subsection 13.3(3) of the Criminal
Code.
7 Sections 77 and 78
Repeal the sections, substitute:
(1) A person is guilty of an offence if:
(a) the person is required under section 16 to have a permit to
operate a facility so far as concerns the production, acquisition, retention or
use of Schedule 1 chemicals at that facility, or the transfer of
Schedule 1 chemicals from that facility; and
(b) the person produces, acquires, retains or uses Schedule 1
chemicals at that facility, or transfers Schedule 1 chemicals from that
facility; and
(c) that conduct is engaged in without, or otherwise than in accordance
with, such a permit.
Penalty: Imprisonment for 5 years or 500 penalty units, or both.
(2) A person is guilty of an offence if:
(a) the person is required under section 16 to have a permit to
operate a facility so far as concerns the production, processing or consumption
of Schedule 2 chemicals at that facility; and
(b) the person produces, processes or consumes Schedule 2 chemicals
at that facility; and
(c) that conduct is engaged in without, or otherwise than in accordance
with, such a permit.
Penalty: Imprisonment for 2 years or 250 penalty units, or both.
(3) A person is guilty of an offence if:
(a) the person is required under section 16 to have a permit to
operate a facility so far as concerns the production of particular
Schedule 3 chemicals at that facility; and
(b) the person produces that chemical at that facility; and
(c) that conduct is engaged in without, or otherwise than in accordance
with, such a permit.
Penalty: 250 penalty units.
(4) A person is guilty of an offence if:
(a) the person fails to do an act; and
(b) the failure to do the act causes a contravention of
section 28.
Penalty: 100 penalty units.
(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 (4A). See subsection 13.3(3) of the Criminal
Code.
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes a condition subject to which a permit is
granted.
Penalty: 100 penalty units.
(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 (4A). See subsection 13.3(3) of the Criminal
Code.
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(4) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
8 Subsection 80(1)
Omit “or recklessly”.
9 At the end of
section 93
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.
10 Subsection 102(3E)
Repeal the subsection, substitute:
(3E) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes subsection (2), (3A) or (3C).
Penalty: Imprisonment for 2 years.
(3F) In subsection (3E):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
11 Subsection 102(4)
Repeal the subsection, substitute:
(4) In this section:
offence against this Act includes an offence created
by:
(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 this Act.
Comprehensive Nuclear
Test-Ban Treaty Act 1998
12 At the end of
section 67
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.
Diplomatic and Consular
Missions Act 1978
13 After section 3
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.
Export Expansion Grants
Act 1978
14 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.
Export Finance and
Insurance Corporation Act 1991
15 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.
International
Organisations (Privileges and Immunities) Act 1963
16 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.
17 After subsection 12(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.
Nuclear Non-Proliferation
(Safeguards) Act 1987
18 Section 4 (paragraph (b) of the
definition of offence against this Act)
Omit “, 7 or 7A”.
19 Section 4 (paragraph (c) of the
definition of offence against this Act)
Repeal the paragraph, substitute:
(c) an offence against section 11.1, 11.4 or 11.5 of the Criminal
Code in relation to an offence against this Act or the
regulations.
20 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.
21 Subsection 25(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct:
(i) contravenes a condition, or fails to observe a restriction, subject to
which a permit or authority is granted; or
(ii) contravenes a direction given or an order made under
section 73.
Penalty:
(a) if the offender is a natural person—a fine not exceeding $5,000
or imprisonment for a period not exceeding 2 years, or both; or
(b) if the offender is a body corporate—a fine not exceeding
$25,000.
(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.
(1B) In subsection (1):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
22 At the end of
section 58
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.
23 At the end of
section 66
Add:
(5) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
24 After section 5
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.
25 Paragraphs 9A(a) and (b)
Omit “for purposes of travel or identification and without reasonable
excuse,”, substitute “in connection with travel or
identification,”.
26 Paragraph 9A(c)
Omit “, without reasonable excuse,”.
27 Paragraph 9A(c)
Omit “for purposes of”, substitute “in connection
with”.
28 Paragraphs 9A(d), (e) and
(f)
Omit “without reasonable excuse,”.
29 Paragraph 9A(g)
Omit “wilfully defaces or destroys”, substitute
“intentionally does an act that causes the defacing or destruction
of”.
30 At the end of
section 9A
Add:
(2) Paragraphs (1)(a) to (f) (inclusive) do 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.
31 Paragraph 9C(2)(a)
Omit “knowingly”, substitute
“intentionally”.
32 Subsection 10(1)
Omit “knowingly or recklessly”.
33 Paragraph 10(1)(a)
Omit “for the purpose of obtaining”, substitute “in the
course of obtaining, or attempting to obtain,”.
34 Paragraph 10(1)(b)
Omit “in support of”, substitute “in the course of
supporting”.
35 Paragraph 10(2)(a)
Omit “for the purpose of obtaining”, substitute “in the
course of obtaining, or attempting to obtain,”.
36 Paragraph 10(2)(b)
Omit “in support of”, substitute “in the course of
supporting”.
Registration of Deaths
Abroad Act 1984
37 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.
38 Subsections 24(1) and
(2)
Repeal the subsections.
39 Subsection 24(4)
Omit “or wilfully mutilate”, substitute “, or
intentionally do an act that causes the mutilation of,”.
South Pacific Nuclear Free
Zone Treaty Act 1986
40 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.
41 At the end of
section 20
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.
42 At the end of
section 24
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.