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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
THE
SENATE
Presented and read a first
time
Family and
Community Services Legislation Amendment (Application of Criminal Code) Bill
2001
No. ,
2001
(Family and Community
Services)
A Bill for an Act relating to the
application of the Criminal Code to certain offences, and for related
purposes
Contents
A New Tax System (Bonuses for Older Australians) Act
1999 3
A New Tax System (Family Assistance) (Administration) Act
1999 3
Child Support (Assessment) Act
1989 14
Child Support (Registration and Collection) Act
1988 17
Commonwealth Services Delivery Agency Act
1997 21
Data-matching Program (Assistance and Tax) Act
1990 21
Disability Services Act
1986 22
Farm Household Support Act
1992 23
First Home Owners Act
1983 24
Home Deposit Assistance Act
1982 26
Homes Savings Grant Act
1964 27
Homes Savings Grant Act
1976 28
Social Security Act
1991 29
Social Security (Administration) Act
1999 32
Social Welfare Commission (Repeal) Act
1976 38
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 Family and Community Services Legislation
Amendment (Application of Criminal Code) Act 2001.
(1) Subject to this section, this Act commences on the day after the day
on which it receives the Royal Assent.
(2) If item 19 of Schedule 1 to the Family and Community
Services Legislation (Simplification and Other Measures) Act 2001 commences
after this Act commences, items 124 and 125 of Schedule 1 to this Act
commence immediately after the commencement of that item.
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this Act is amended or repealed as set out in the applicable items in the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.
A New Tax System (Bonuses
for Older Australians) Act 1999
1 After section 3
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
2 Section 55
Repeal the section, substitute:
(1) A person (the first person) is guilty of an offence
if:
(a) the first person uses, makes a record of, or discloses or communicates
to any person, any information that relates to the affairs of another person;
and
(b) the information is information that was acquired by the first person
in the performance of a function or obligation, or in the exercise of a power,
under this Part; and
(c) the use, making of the record, disclosure or communication was not
carried out in the performance of the function or obligation, or in the exercise
of the power.
Maximum penalty: Imprisonment for 2 years.
(2) Strict liability applies to paragraph (1)(b).
A New Tax System (Family
Assistance) (Administration) Act 1999
3 After section 3
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
4 At the end of
section 25
Add:
(2) Strict liability applies to the element of an offence against
subsection (1) that a notice is a notice given under
section 25A.
5 After subsection 56C(1)
Insert:
(1A) Strict liability applies to the following elements of an offence
against subsection (1):
(a) the element that a determination is a determination under
section 50F;
(b) the element that a notice is a notice given under
section 57.
6 After subsection 56C(2)
Insert:
(2A) Strict liability applies to the following elements of an offence
against subsection (2):
(a) the element that a determination is a determination under
section 50F or 50J;
(b) the element that Schedule 2 to the Family Assistance Act is used
to calculate a CCB %;
(c) the element that a notice is a notice given under
section 57.
7 After subsection 56C(3)
Insert:
(3A) Strict liability applies to the following elements of an offence
against subsection (3):
(a) the element that a determination is a determination under
section 50F or 50H;
(b) the element that a circumstance is a circumstance set out in
subsection 54(2), (4), (6) or (8) of the Family Assistance Act or subsection
55(2) or (4) of that Act;
(c) the element that a notice is a notice given under
section 57.
8 After subsection 56C(4)
Insert:
(4A) Strict liability applies to the following elements of an offence
against subsection (4):
(a) the element that a determination is a determination under
section 50F or 50H;
(b) the element that a notice is a notice given under
section 57.
9 After subsection 56C(5)
Insert:
(5A) Strict liability applies to the following elements of an offence
against subsection (5):
(a) the element that a determination is a determination under
section 50F or 50K;
(b) the element that a notice is a notice given under
section 57.
10 After subsection 56C(6)
Insert:
(6A) Strict liability applies to the following elements of an offence
against subsection (6):
(a) the element that a determination is a determination under
section 50F;
(b) the element that the determination of a rate is a determination under
subsection 81(2) of the Family Assistance Act;
(c) the element that a notice is a notice given under
section 57.
11 After subsection 56D(1)
Insert:
(1A) Strict liability applies to the following elements of an offence
against subsection (1):
(a) the element that a child care service’s eligibility for a child
care benefit is an eligibility under section 47 of the Family Assistance
Act;
(b) the element that a determination is a determination under
section 54C;
(c) the element that a circumstance is a circumstance under subsection
54(3), (5), (7), (9) or (12) or subsection 55(3), (5) or (8) of the Family
Assistance Act;
(d) the element that a notice is a notice given under
section 57.
12 After subsection 56D(2)
Insert:
(2A) Strict liability applies to the following elements of an offence
against subsection (2):
(a) the element that a child care service’s eligibility for a child
care benefit is an eligibility under section 47 of the Family Assistance
Act;
(b) the element that a determination of a rate is a determination under
subsection 81(4) of the Family Assistance Act;
(c) the element that a notice is a notice given under
section 57.
13 After subsection 56D(3)
Insert:
(3A) Strict liability applies to the following elements of an offence
against subsection (3):
(a) the element that a determination is a determination under
section 50F;
(b) the element that a determination of a rate is a determination under
subsection 81(3) of the Family Assistance Act;
(c) the element that a notice is a notice given under
section 57.
14 After subsection 56D(4)
Insert:
(4A) Strict liability applies to the following elements of an offence
against subsection (4):
(a) the element that a determination is a determination under
section 50F;
(b) the element that a determination is a determination under
section 50H;
(c) the element that a circumstance is a circumstance set out in
subsection 54(12) or 55(8) of the Family Assistance Act;
(d) the element that a notice is a notice given under
section 57.
15 After subsection 56D(5)
Insert:
(5A) Strict liability applies to the following elements of an offence
against subsection (5):
(a) the element that a determination is a determination under
section 57 of the Family Assistance Act;
(b) the element that a notice is a notice given under
section 57.
16 Paragraph 75(c)
Repeal the paragraph, substitute:
(c) another person is convicted of an offence:
(i) that is taken to have been committed because of section 11.2 of
the Criminal Code; or
(ii) against section 11.4 or 11.5 of the Criminal
Code;
in relation to that contravention;
17 At the end of
section 133
Add:
(3) Strict liability applies to the element of an offence against
subsection (2) that an order is an order under
subsection (1).
18 Section 159
Repeal the section, substitute:
(1) A person must not refuse or fail to comply with a requirement under
this Division to give information or produce a document.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) applies only to the extent to which the person is
capable of complying with the requirement.
(3) Subsection (1) does not apply if the person has a reasonable
excuse.
(4) Strict liability applies to the element of an offence against
subsection (1) that a requirement is a requirement under this
Division.
19 Section 163
Repeal the section, substitute:
(1) If:
(a) a person intentionally obtains information; and
(b) the person is not authorised under the family assistance law to obtain
the information; and
(c) the person knows or ought reasonably to know that the information is
protected information;
the person is guilty of an offence punishable on conviction by imprisonment
for a term not exceeding 2 years.
(2) Strict liability applies to the element of an offence against
subsection (1) that a person not authorised to do something is not
authorised under the family assistance law to do that thing.
20 Section 164
Repeal the section, substitute:
(1) If:
(a) a person intentionally:
(i) makes a record of; or
(ii) discloses to any other person; or
(iii) otherwise makes use of;
information; and
(b) the person is not authorised or required under:
(i) the family assistance law; or
(ii) the Social Security Act 1991; or
(iii) the Social Security (Administration) Act 1999;
to make the record, disclosure or use of the information that is made by
the person; and
(c) the person knows or ought reasonably to know that the information is
protected information;
the person is guilty of an offence punishable on conviction by imprisonment
for a term not exceeding 2 years.
(2) Strict liability applies to the element of an offence against
subsection (1) that a person not authorised or required to do something is
not authorised or required to do that thing under:
(a) the family assistance law; or
(b) the Social Security Act 1991; or
(c) the Social Security (Administration) Act 1999.
21 At the end of
section 165
Add:
(2) Strict liability applies to paragraph (1)(b).
22 Section 172
Repeal the section, substitute:
A person contravenes this section if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or
misleading; and
(d) the statement is made in connection with, or in support of, the
person’s or any other person’s claim for family
assistance.
23 Section 173
Repeal the section, substitute:
(1) A person contravenes this section if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or
misleading; and
(d) the person is reckless as to whether the statement:
(i) deceives, or might deceive, an officer or an approved child care
service exercising powers, or performing duties or functions, under the family
assistance law; or
(ii) affects, or might affect, an entitlement to a payment of family
assistance under the family assistance law; or
(iii) affects, or might affect, the rate of a payment of family assistance
under the family assistance law; or
(iv) affects, or might affect, conditional eligibility for child care
benefit by fee reduction, a weekly limit of hours, a CCB % or a schooling %
applicable to a person.
(2) For the purposes of an offence against section 177 that relates
to a contravention of subsection (1) of this section, strict liability
applies to the following elements of the offence:
(a) the element that a power, duty or function is a power, duty or
function under the family assistance law;
(b) the element that a payment is a payment under the family assistance
law.
24 Section 174
Repeal the section, substitute:
(1) A person contravenes this subsection if:
(a) the person makes a statement or presents a document to an officer or
an approved child care service exercising powers, or performing duties or
functions, under the family assistance law; and
(b) the statement or document is false in any particular; and
(c) the person is reckless as to whether the statement or document is
false in any particular.
(2) For the purposes of an offence against section 177 that relates
to a contravention of subsection (1) of this section, strict liability
applies to the element of the offence that a power, duty or function is a power,
duty or function under the family assistance law.
25 Section 175
Repeal the section, substitute:
A person contravenes this section if:
(a) the person obtains a payment of family assistance; and
(b) the person does so knowing that he or she is:
(i) not entitled to the payment; or
(ii) only entitled to part of the payment.
26 Subsections 175A(1), (2) and
(3)
Omit “knowingly”.
Note: The heading to section 175A is altered by
omitting “Knowingly obtaining” and substituting
“Obtaining”.
27 After subsection 175A(3)
Insert:
(3A) For the purposes of an offence against section 177 that relates
to a contravention of subsection (3) of this section, strict liability
applies to the following elements of the offence:
(a) the element that a child care service’s lack of eligibility for
a child care benefit is a lack of eligibility under section 47 of the
Family Assistance Act;
(b) the element that an amount of an advance paid to reimburse a child
care service is an amount paid under section 219R.
28 Subsection 175A(4)
Omit “knowingly”.
29 After subsection 175A(4)
Insert:
(4A) For the purposes of an offence against section 177 that relates
to a contravention of subsection (4) of this section, strict liability
applies to the following elements of the offence:
(a) the element that a child care service’s eligibility for a child
care benefit is an eligibility under section 47 of the Family Assistance
Act;
(b) the element that an incorrect amount of an advance paid to reimburse a
service is an incorrect amount paid under section 219R.
30 Section 176
Repeal the section, substitute:
(1) A person contravenes this subsection if:
(a) the person obtains:
(i) a payment of family assistance; or
(ii) fee reductions; or
(iii) in the case of an approved child care service—an amount of an
advance paid under section 219R to reimburse the service the amount of the
fee reductions made by the service for care provided to a child; and
(b) the person does so:
(i) by means of impersonation; or
(ii) by fraudulent means.
(2) For the purposes of an offence against section 177 that relates
to a contravention of subsection (1) of this section, strict liability
applies to the element of the offence that an amount of an advance paid to
reimburse a service is an amount paid under section 219R.
(3) A person contravenes this subsection if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or
misleading; and
(d) as a result the person obtains:
(i) a payment of family assistance; or
(ii) fee reductions; or
(iii) in the case of an approved child care service—an amount of an
advance paid under section 219R to reimburse the service the amount of the
fee reductions made by the service for care provided to a child.
(4) For the purposes of an offence against section 177 that relates
to a contravention of subsection (3) of this section, strict liability
applies to the element of the offence that an amount of an advance paid to
reimburse a service is an amount paid under section 219R.
31 Part 7 (heading)
Repeal the heading, substitute:
32 Sections 186 to 188
Repeal the sections, substitute:
A reference in this Part to an offence against this Act includes a
reference to:
(a) an offence against this Act that is taken to have been committed
because of section 11.2 of the Criminal Code; or
(b) an offence created by:
(i) section 11.1, 11.4 or 11.5 of the Criminal Code;
or
(ii) section 6 of the Crimes Act 1914;
that relates to this Act.
33 Division 2 of
Part 7
Repeal the Division.
34 At the end of
section 219A
Add:
(3) Subsection (2) is an offence of strict liability.
35 After subsection 219B(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
36 At the end of
section 219C
Add:
(2) Subsection (1) is an offence of strict liability.
37 At the end of
section 219D
Add:
(3) Subsections (1) and (2) are offences of strict
liability.
38 After subsection 219E(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
39 After subsection 219F(2)
Insert:
(2A) Subsections (1) and (2) are offences of strict
liability.
40 After subsection 219G(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
41 After subsection 219L(3)
Insert:
(3A) Subsections (1), (2) and (3) are offences of strict
liability.
Child Support (Assessment)
Act 1989
42 After section 4
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
43 Subsection 150(2)
Repeal the subsection, substitute:
(2) Subject to subsection (3), a person to whom this section applies
must not:
(a) make a record of any protected information; or
(b) whether directly or indirectly, communicate to a person any protected
information concerning another person.
Penalty: Imprisonment for 1 year.
(2A) Subsection (2) does not apply if the record is made, or the
information is communicated:
(a) under or for the purposes of this Act; or
(b) in the performance of duties, as a person to whom this section
applies, under or in relation to this Act.
44 Subsections 159A(1) and
(2)
Repeal the subsections, substitute:
(1) A person is guilty of an offence if:
(a) the person makes a statement to an officer; and
(b) the statement:
(i) is false or misleading in a material particular; or
(ii) omits any matter or thing without which the statement is false or
misleading in a material particular; and
(c) the person is reckless as to whether the statement is a statement of
that kind.
Penalty: 5 penalty units.
(2) In a prosecution of a person for an offence against
subsection (1), if, having regard to:
(a) the person’s abilities, experience, qualifications and other
attributes; and
(b) all the circumstances surrounding the alleged offence;
the person has acted without taking reasonable care as to the accuracy and
completeness of the statement, or with intentional disregard to the requirements
to obtain and provide relevant information, the person is to be taken to have
been reckless as to whether the statement is false or misleading in a material
particular.
45 Section 159B
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) the person is required to notify information to the Registrar;
and
(b) the requirement is a requirement under section 63A; and
(c) the person fails to notify the Registrar; and
(d) the person is reckless as to the requirement.
Penalty: 5 penalty units.
(2) Strict liability applies to paragraph (1)(b).
(3) In a prosecution of a person for an offence against
subsection (1), if, having regard to:
(a) the person’s abilities, experience, qualifications and other
attributes; and
(b) all the circumstances surrounding the alleged offence;
the person has acted without reasonable care or with intentional disregard
to the requirement to notify the Registrar as required by section 63A, the
person is to be taken to have been reckless as to that requirement.
46 Subsection 160(3)
Repeal the subsection, substitute:
(3) A person who refuses or fails to comply with a notice under
subsection (1) is guilty of an offence punishable on conviction by
imprisonment for a period not exceeding 6 months.
(3A) Subsection (3) applies only to the extent to which the person is
capable of complying with the notice.
(3B) Subsection (3) does not apply if the person has a reasonable
excuse.
(3C) Subsection (3) is an offence of strict liability.
47 Subsection 161(3)
Repeal the subsection, substitute:
(3) A person who refuses or fails to comply with a requirement made under
subsection (1) is guilty of an offence punishable on conviction by
imprisonment for a period not exceeding 6 months.
(3A) Subsection (3) applies only to the extent to which the person is
capable of complying with the requirement.
(3B) Subsection (3) does not apply if the person has a reasonable
excuse.
(3C) Subsection (3) is an offence of strict liability.
48 At the end of
section 162
Add:
(4) Strict liability applies to the element of an offence against
subsection (3) that an order is an order under
subsection (1).
Child Support
(Registration and Collection) Act 1988
49 After section 3
Insert:
Chapter 2 of the Criminal Code (except Part 2.5) applies
to all offences against this Act.
50 Subsection 16(2)
Repeal the subsection, substitute:
(2) Subject to subsection (3), a person to whom this section applies
must not:
(a) make a record of any protected information; or
(b) whether directly or indirectly, communicate to a person any protected
information concerning another person.
Penalty: Imprisonment for 1 year.
(2A) Subsection (2) does not apply if the record is made, or the
information is communicated:
(a) under or for the purposes of this Act; or
(b) in the performance of duties, as a person to whom this section
applies, under or in relation to this Act.
51 After subsection 23(7)
Insert:
(7A) Subsection (7) is an offence of strict liability.
52 After subsection 33(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
53 After subsection 34(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
54 After subsection 46(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
55 After subsection 47(3)
Insert:
(3A) Subsections (1A), (2) and (3) are offences of strict
liability.
56 After subsection 57(1)
Insert:
(1A) Strict liability applies to the element of an offence against
subsection (1) that a notice is a notice given under subsection
45(1).
57 Section 58
Repeal the section, substitute:
(1) Any person who is or has been:
(a) an employer; or
(b) a person employed by, or performing services for, an
employer;
must not, directly or indirectly, divulge or communicate to a second person
any information in relation to the affairs of a third person, being information
disclosed or obtained under or for the purposes of this Part and acquired by the
person because of, or in the course of, the performance of the employer’s
duties under this Part.
Penalty: $1,000.
(2) Subsection (1) does not apply if the information is divulged or
communicated for the purposes of this Part or otherwise in connection with the
performance of the employer’s duties under this Part or in connection with
the carrying on of the employer’s affairs.
(3) Strict liability applies to the element of an offence against
subsection (1) that a disclosure or obtaining of information is a
disclosure or obtaining under or for the purposes of this Part.
58 After subsection 59(3) (before the
penalty)
Insert:
(4) Subsections (1) and (2) are offences of strict
liability.
59 After subsection 60(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
60 Subsection 61(3)
Repeal the subsection, substitute:
(3) A person is guilty of an offence if:
(a) the person is an occupier of land or premises entered or proposed to
be entered by an officer; and
(b) the person does not provide the officer with all reasonable facilities
and assistance that the occupier is reasonably capable of providing;
and
(c) the person does not do so in circumstances where the officer is
exercising his or her powers under this section.
Penalty: $1,000.
(4) Strict liability applies to paragraph (3)(c).
61 Subsection 72A(2)
Omit “, without reasonable excuse,”.
62 After subsection 72A(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
(2B) Subsection (2) is an offence of strict liability.
63 After subsection 111(3)
Insert:
(3A) Subsection (3) is an offence of strict liability.
64 Subsection 120(3)
Repeal the subsection, substitute:
(3) A person who refuses or fails to comply with a requirement made under
subsection (1) is guilty of an offence punishable on conviction by a fine
not exceeding $2,000.
(4) Subsection (3) applies only to the extent to which the person is
capable of complying with the requirement.
(5) Subsection (3) is an offence of strict liability.
65 At the end of
section 121
Add:
(4) Strict liability applies to the element of an offence against
subsection (3) that an order is an order under
subsection (1).
Commonwealth Services
Delivery Agency Act 1997
66 After section 2
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
67 After subsection 38(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Data-matching Program
(Assistance and Tax) Act 1990
68 After section 2
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
69 Subsection 15(1)
Repeal the subsection, substitute:
(1) An officer of an agency who has information only because of performing
functions or duties under this Act, must not make a record of, or disclose, any
of the information.
Penalty: Imprisonment for 2 years.
(1A) Subsection (1) does not apply if the information is recorded or
disclosed:
(a) in the course of carrying out functions or duties under this Act;
or
(b) with the consent of the person to whom the information
relates.
70 After section 3
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
71 Paragraph 27(3)(a)
Omit “to the extent that the person is capable of complying with
it”.
72 Paragraph 27(3)(b)
Repeal the paragraph, substitute:
(b) in purported compliance with such a notice, furnish information or
give evidence knowing that the information or evidence is false or misleading in
a material particular.
73 After subsection 27(3)
Insert:
(3A) Paragraph (3)(a) applies only to the extent to which the person
is capable of complying with the notice.
74 Subsection 28(2)
Omit “except in the performance of duties or exercise of powers under
this Part or for the purposes of the administration of the Social Security
Act 1991,”.
75 After subsection 28(2)
Insert:
(2A) Subsection (2) does not apply if the person records or divulges
the information in the performance of duties or exercise of powers under this
Part or for the purposes of the administration of the Social Security Act
1991.
76 After subsection 28(3)
Insert:
(3A) Strict liability applies to the element of an offence against
subsection (2) that an acquisition of information is an acquisition in the
performance of duties or exercise of powers under this Part.
Farm Household Support Act
1992
77 After section 2
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
78 Subsection 41(5)
Omit “, without reasonable excuse,”.
79 Subsection 41(5)
Omit “to the extent that the person is capable of complying with the
notice”.
80 After subsection 41(5)
Insert:
(6) Subsection (5) applies only to the extent to which the person is
capable of complying with the notice.
(6A) Subsection (5) does not apply if the person has a reasonable
excuse.
(6B) Subsection (5) is an offence of strict liability.
81 Subsection 42(5)
Omit “, without reasonable excuse,”.
82 Subsection 42(5)
Omit “to the extent that the person is capable of complying with the
notice”.
83 After subsection 42(5)
Insert:
(6) Subsection (5) applies only to the extent to which the person is
capable of complying with the notice.
(6A) Subsection (5) does not apply if the person has a reasonable
excuse.
(6B) Subsection (5) is an offence of strict liability.
84 Subsection 54(7)
Omit “, without reasonable excuse,”.
85 After subsection 54(7)
Insert:
(8) Subsection (7) does not apply if the person has a reasonable
excuse.
(8A) Subsection (7) is an offence of strict liability.
86 Before section 4
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
87 Subsection 29(1)
Omit “except for the purposes of this Act,”.
88 After subsection 29(1)
Insert:
(1A) Subsection (1) does not apply if the record is made, or the
information is divulged or communicated, for the purposes of this Act.
(1B) Strict liability applies to the element of an offence against
subsection (1) that an acquisition of information is an acquisition in the
exercise of powers, or the performance of duties or functions, under this
Act.
89 Paragraph 30(2)(a)
Omit “without lawful excuse,”.
90 Subsection 31(2)
Omit “without lawful excuse,”.
91 Subsection 31(3)
Omit “, without lawful excuse”.
92 After subsection 31(3) (before the
penalty)
Insert:
(4) Subsections (2) and (3) are offences of strict
liability.
93 At the end of
section 35
Add:
(3) Subsection (2) is an offence of strict liability.
94 Paragraph 36(1)(b)
Omit “, or a further certificate, as the case may
be,”.
95 Subsection 36(1)
After “furnish the certificate”, insert “mentioned in
paragraph (b)”.
Insert:
(1A) Strict liability applies to the element of an offence against
subsection (1) that a statement is a statement under paragraph
20(2)(b).
Home Deposit Assistance
Act 1982
97 Before section 4
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
98 Subsection 50(1)
Omit “except for the purposes of this Act,”.
99 After subsection 50(1)
Insert:
(1A) Subsection (1) does not apply if the information is recorded,
divulged or communicated for the purposes of this Act.
(1B) Strict liability applies to the element of an offence against
subsection (1) that an acquisition of information is an acquisition in the
exercise of powers, or in the performance of duties or functions, under this
Act.
100 Paragraph 51(2)(a)
Omit “without lawful excuse,”.
101 Subsection 52(2)
Omit “without lawful excuse,”.
102 Subsection 52(3)
Omit “, without lawful excuse”.
103 After subsection 52(3) (before the
penalty)
Insert:
(3A) Subsections (2) and (3) are offences of strict
liability.
104 After subsection 58(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
105 After subsection 59(1)
Insert:
(1A) Strict liability applies to the element of an offence against
subsection (1) that a statement is a statement under paragraph
34(2)(b).
106 After section 2
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
107 Subsection 12(2)
Omit “without lawful excuse,”.
108 After subsection 12(3) (before the
penalty)
Insert:
(4) Subsections (2) and (3) are offences of strict
liability.
109 Subsection 13(2)
Omit “except in the exercise of his powers, or the performance of his
duties or functions, under this Act, and while he is, or after he ceases to be,
an officer,”.
110 After subsection 13(2)
Insert:
(2A) Subsection (2) does not apply if the information is recorded,
divulged or communicated in the exercise of powers, or the performance of duties
or functions, under this Act.
(2B) Strict liability applies to the element of an offence against
subsection (2) that an acquisition of information is an acquisition in the
exercise of powers, or in the performance of duties or functions, under this
Act.
111 After subsection 24(1A)
Insert:
(1B) Subsection (1A) is an offence of strict liability.
112 After subsection 26A(3)
Insert:
(3A) Subsections (1), (2) and (3) are offences of strict
liability.
113 Before section 4
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
114 Subsection 41(2)
Omit “except in the exercise of his powers, or the performance of his
duties or functions, under this Act, and while he is, or after he ceases to be,
an officer,”.
115 After subsection 41(2)
Insert:
(2A) Subsection (2) does not apply if the information is recorded,
divulged or communicated in the exercise of powers, or the performance of duties
or functions, under this Act.
(2B) Strict liability applies to the element of an offence against
subsection (2) that an acquisition of information is an acquisition in the
exercise of powers, or in the performance of duties or functions, under this
Act.
116 Subsection 42(2)
Omit “without lawful excuse,”.
117 Subsection 43(2)
Omit “without lawful excuse,”.
118 Subsection 43(3)
Omit “, without lawful excuse”.
119 After subsection 43(3) (before the
penalty)
Insert:
(3A) Subsections (2) and (3) are offences of strict
liability.
120 After subsection 48(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
121 After section 2
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
122 Section 1061ZZBW
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) the person is required to comply with a notice; and
(b) the notice is a notice under section 1061ZZBR; and
(c) the person refuses or fails to comply with the notice; and
(d) the person is reckless as to the requirement.
Penalty: Imprisonment for 6 months.
(2) Subsection (1) applies only to the extent to which the person is
capable of complying with the notice.
(3) Subsection (1) does not apply if the person has a reasonable
excuse.
(4) Strict liability applies to paragraph (1)(b).
123 Section 1061ZZCD
Repeal the section, substitute:
(1) A person is guilty of an offence if:
(a) the person is required to comply with a notice; and
(b) the notice is a notice under section 1061ZZBY; and
(c) the person refuses or fails to comply with the notice; and
(d) the person is reckless as to the requirement.
Penalty: Imprisonment for 6 months.
(2) Subsection (1) applies only to the extent to which the person is
capable of complying with the notice.
(3) Subsection (1) does not apply if the person has a reasonable
excuse.
(4) Strict liability applies to paragraph (1)(b).
124 Subsection 1184D(1)
Repeal the subsection, substitute:
(1) If a person (the potential compensation payer) has been
given a notice under section 1182 or 1184 in relation to the payment of
compensation to a person, the potential compensation payer must not make the
compensation payment to the person.
Penalty: Imprisonment for 12 months.
(1A) Subsection (1) does not apply if:
(a) in the case of a notice under section 1182—the Secretary
has given the potential compensation payer written notice that the notice under
section 1182 is revoked; or
(b) in the case of a notice under section 1184—the potential
compensation payer has paid to the Commonwealth the amount specified in the
notice; or
(c) the Secretary has given the potential compensation payer written
permission to pay the compensation.
125 Subsection 1184D(2)
Repeal the subsection, substitute:
(2) If an insurer has been given a notice under section 1182 or 1184
in relation to the insurer’s liability to indemnify a compensation payer,
the insurer must not make any payment to the compensation payer in relation to
that liability.
Penalty: Imprisonment for 12 months.
(2A) Subsection (2) does not apply if:
(a) in the case of a notice under section 1182—the Secretary
has given the insurer written notice that the notice under section 1182 is
revoked; or
(b) in the case of a notice under section 1184—the insurer has
paid to the Commonwealth the amount specified in the notice; or
(c) the Secretary has given the insurer written permission to pay the
amount.
126 Paragraph 1224AB(1)(b)
Omit “ 5, 7A or 86 of the Crimes Act 1914”, substitute
“11.2, 11.4 or 11.5 of the Criminal Code”.
127 Subsection 1233(3)
Omit “to the extent that the person is capable of doing
so”.
128 After subsection
1233(3)
Insert:
(3A) Subsection (3) applies only to the extent to which the person is
capable of complying with the notice.
(3B) Strict liability applies to the element of an offence against
subsection (3) that a notice is a notice under
subsection (1).
Social Security
(Administration) Act 1999
129 After section 2
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
130 Subsection 72(8)
Repeal the subsection, substitute:
(8) For the purposes of any provision of this Act, other than
section 74 or a provision of Part 6, a person is taken to have failed
to comply with a notice under this Subdivision if, in response to the
notice:
(a) the person gives information or a statement; and
(b) the information or statement is false or misleading; and
(c) the person is reckless as to whether the information or statement is
false or misleading.
131 Section 74
Omit “, without reasonable excuse,”.
132 Section 74
Omit “to the extent that the person is capable of complying with the
notice”.
133 At the end of
section 74
Add:
(2) Subsection (1) applies only to the extent to which the person is
capable of complying with the notice.
(3) Subsection (1) does not apply if the person has a reasonable
excuse.
(4) Subsection (1) is an offence of strict liability.
134 Section 197
Omit “, without reasonable excuse,”.
135 Section 197
Omit “to the extent that the person is capable of complying with the
requirement”.
136 At the end of
section 197
Add:
(2) Subsection (1) applies only to the extent to which the person is
capable of complying with the requirement.
(3) Subsection (1) does not apply if the person has a reasonable
excuse.
137 At the end of
section 200
Add:
(2) Strict liability applies to the element of an offence against
subsection (1) that a request is a request under
section 199.
138 Paragraph 203(1)(b)
Repeal the paragraph, substitute:
(b) the person is not authorised by or under the social security law or
the Farm Household Support Act 1992 to obtain the information;
and
139 At the end of
section 203
Add:
(3) Strict liability applies to the element of an offence against
subsection (1) that a person not authorised to do something is not
authorised by or under the social security law or the Farm Household Support
Act 1992 to do that thing.
140 At the end of
section 204
Add:
(3) Strict liability applies to the element of an offence against
subsection (1) that a person not authorised or required to do something is
not authorised or required by or under the social security law or the Farm
Household Support Act 1992 to do that thing.
141 At the end of
section 205
Add:
(3) Strict liability applies to the element of an offence against
subsection (1) that a contravention is a contravention of this
Division.
142 Section 212
Repeal the section, substitute:
(1) A person contravenes this subsection if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or
misleading; and
(d) the statement is made in connection with, or in support of, the
person’s or any other person’s:
(i) claim for a social security payment under the social security law;
or
(ii) request under paragraph 1129(1)(d) of the 1991 Act that
section 1129 of that Act apply to the person; or
(iii) request under paragraph 1131(1)(f) of the 1991 Act that
section 1131 of that Act apply to the person; or
(iv) request under paragraph 1132A(1)(b) of the 1991 Act that
paragraph 838(1)(d) of that Act not apply to the person.
(2) For the purposes of an offence against section 217 that relates
to subsection (1) of this section, strict liability applies to the
following elements of the offence:
(a) the element that a payment is a social security payment under the
social security law;
(b) the element that a request is a request under paragraph 1129(1)(d) of
the 1991 Act;
(c) the element that a request is a request under paragraph 1131(1)(f) of
the 1991 Act;
(d) the element that a request is a request under paragraph 1132A(1)(b) of
the 1991 Act.
143 Section 213
Repeal the section, substitute:
(1) A person contravenes this subsection if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or
misleading; and
(d) the person is reckless as to whether the statement:
(i) deceives, or might deceive, an officer doing duty in relation to the
social security law; or
(ii) affects, or might affect, the rate of a social security payment under
the social security law.
(2) For the purposes of an offence against section 217 that relates
to subsection (1) of this section, strict liability applies to the
following elements of the offence:
(a) the element that a duty is a duty in relation to the social security
law;
(b) the element that a rate of payment is a rate of social security
payment under the social security law.
144 Section 214
Repeal the section, substitute:
(1) A person contravenes this subsection if:
(a) the person makes a statement to an officer; and
(b) the statement is false or misleading in any particular; and
(c) the person is reckless as to whether the statement is false or
misleading in any particular.
(2) A person contravenes this subsection if:
(a) the person presents a document to an officer; and
(b) the document is false or misleading in any particular; and
(c) the person is reckless as to whether the document is false or
misleading in any particular.
145 Section 215
Omit “knowingly”.
Note: The heading to section 215 is altered by omitting
“Knowingly obtaining” and substituting
“Obtaining”.
146 Section 215
Omit “which is”, substitute “knowing that the payment
is”.
147 At the end of
section 215
Add:
(2) For the purposes of an offence against section 217 that relates
to subsection (1) of this section, strict liability applies to the
following elements of the offence:
(a) the element that a payment is a social security payment under the
social security law;
(b) the element that an instalment is an instalment of a social security
payment under the social security law.
148 Section 216
Repeal the section, substitute:
(1) A person contravenes this subsection if:
(a) the person obtains:
(i) payment of a social security payment under the social security law;
or
(ii) payment of an instalment of a social security payment under the
social security law; and
(b) the person does so:
(i) by means of impersonation; or
(ii) by means of a fraudulent device.
(2) For the purposes of an offence against section 217 that relates
to subsection (1) of this section, strict liability applies to the
following elements of the offence:
(a) the element that a payment is a social security payment under the
social security law;
(b) the element that an instalment is an instalment of a social security
payment under the social security law.
(3) A person contravenes this subsection if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or
misleading; and
(d) as a result the person obtains:
(i) payment of a social security payment under the social security law;
or
(ii) payment of an instalment of a social security payment under the
social security law.
(4) For the purposes of an offence against section 217 that relates
to subsection (3) of this section, strict liability applies to the
following elements of the offence:
(a) the element that a payment is a social security payment under the
social security law;
(b) the element that an instalment is an instalment of a social security
payment under the social security law.
149 Division 5 of Part 6
(heading)
Repeal the heading, substitute:
150 Sections 226 to
228
Repeal the sections, substitute:
A reference in this Division to an offence against the social security
law includes a reference to:
(a) an offence against the social security law that is taken to have been
committed because of section 11.2 of the Criminal Code; or
(b) an offence created by:
(i) section 11.1, 11.4 or 11.5 of the Criminal Code;
or
(ii) section 6 of the Crimes Act 1914;
that relates to the social security law.
151 Subdivision B of Division 5 of
Part 6
Repeal the Subdivision.
Social Welfare Commission
(Repeal) Act 1976
152 After section 3
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
153 After subsection 8(2)
Insert:
(2A) Strict liability applies to the following elements of an offence
against subsection (2):
(a) the element that an acquisition of information is an acquisition by
reason of the first-mentioned person’s office or employment under or for
the purposes of the repealed Act or by virtue of the operation of this
Act;
(b) the element that a document is a document furnished for the purposes
of the repealed Act or under an engagement, arrangement or contract referred to
in section 6 of this Act.