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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
Industry,
Science and Resources Legislation Amendment (Application of Criminal Code) Bill
2001
No. ,
2001
(Industry, Science and
Resources)
A Bill for an Act relating to
the application of the Criminal Code to certain offences, and for related
purposes
Contents
Atomic Energy Act
1953 3
Bounty and Capitalisation Grants (Textile Yarns) Act
1981 5
Bounty (Bed Sheeting) Act
1977 6
Bounty (Books) Act
1986 6
Bounty (Citric Acid) Act
1991 7
Bounty (Computers) Act
1984 8
Bounty (Fuel Ethanol) Act
1994 8
Bounty (Machine Tools and Robots) Act
1985 10
Bounty (Photographic Film) Act
1989 10
Bounty (Printed Fabrics) Act
1981 11
Bounty (Ships) Act
1989 12
Designs Act
1906 13
Liquefied Petroleum Gas (Grants) Act
1980 15
Liquid Fuel Emergency Act
1984 15
Management and Investment Companies Act
1983 16
National Measurement Act
1960 17
Offshore Minerals Act
1994 17
Patents Act
1990 19
Petroleum Excise (Prices) Act
1987 21
Petroleum Retail Marketing Sites Act
1980 21
Petroleum (Submerged Lands) Act
1967 22
Petroleum (Timor Gap Zone of Cooperation) Act
1990 27
Pooled Development Funds Act
1992 28
Scout Association Act
1924 29
Trade Marks Act
1995 30
Tradex Scheme Act
1999 33
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 Industry, Science and Resources
Legislation Amendment (Application of Criminal Code) Act 2001.
This Act commences on the day after the day on which it 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repealed as set out in the applicable items in the Schedule concerned, and any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 Part 1
Add:
Chapter 2 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 At the end of subsection
36(1)
Add:
Penalty:
(a) in the case of a natural person—$2,000; or
(b) in the case of a body corporate—$10,000.
3 Subsection 36(1A)
Repeal the subsection.
4 At the end of
section 36
Add:
(3) 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 (3), see subsection 13.3(3) of the Criminal
Code.
(4) An offence against subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 Subsection 37(2)
Repeal the subsection, substitute:
(2) A person must not refuse to comply with a notice served on the person
under subsection (1).
Penalty:
(a) in the case of a natural person—$2,000; or
(b) in the case of a body corporate—$10,000.
(3) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3), see subsection 13.3(3) of the Criminal
Code.
(4) A person must not fail to comply with a notice served on the person
under subsection (1).
Penalty:
(a) in the case of a natural person—$2,000; or
(b) in the case of a body corporate—$10,000.
(5) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (5), see subsection 13.3(3) of the Criminal
Code.
(6) An offence against subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
6 Subsection 41D(1)
Omit “shall not refuse or fail”, substitute “must not
refuse”.
Note: The heading to section 41D is replaced by the
heading “Offences relating to breach of condition
etc.”.
7 Subsection 41D(2)
Repeal the subsection, substitute:
(2) A person must not fail to comply with a condition or restriction
subject to which an authority has (whether before or after the commencement of
this section) been conferred on the person under this Part.
Penalty:
(a) in the case of a natural person—$2,000; or
(b) in the case of a body corporate—$10,000.
(3) An offence against subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
8 After section 41D
Insert:
(1) A person is guilty of an offence if:
(a) the person enters land of which another person is in possession under
this Part; or
(b) the person is on land of which another person is in possession under
this Part.
Penalty: $1,000.
(2) Subsection (1) does not apply if the person enters, or is on,
land:
(a) with the consent of the person in possession of the land; or
(b) because of a right or power conferred by law.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
Bounty and Capitalisation
Grants (Textile Yarns) Act 1981
9 At the end of Part 1
Add:
Chapter 2 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.
10 Subsection 10B(1)
Omit “becomes aware”, substitute “subsequently
knows”.
11 Subsection 18(1)
Omit “, without reasonable excuse,”.
12 After subsection 18(1)
Insert:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
Bounty (Bed Sheeting) Act
1977
13 After section 4A
Insert:
Chapter 2 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.
14 Subsection 10C(1)
Omit “becomes aware”, substitute “subsequently
knows”.
15 Subsection 18(1)
Omit “, without reasonable excuse,”.
16 After subsection 18(1)
Insert:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
17 At the end of
Part 1
Add:
Chapter 2 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.
18 Subsection 16(1)
Omit “becomes aware”, substitute “subsequently
knows”.
19 Subsection 27(1)
Omit “, without reasonable excuse,”.
20 After subsection 27(1)
Insert:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
21 At the end of
Part 1
Add:
Chapter 2 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.
22 Subsection 12(1)
Omit “becomes aware”, substitute “subsequently
knows”.
23 Subsection 23(1)
Omit “, without reasonable excuse,”.
24 After subsection 23(1)
Insert:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
25 At the end of
Part 1
Add:
Chapter 2 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.
26 Subsection 15(1)
Omit “becomes aware”, substitute “subsequently
knows”.
27 Subsection 27(1)
Omit “, without reasonable excuse,”.
28 After subsection 27(1)
Insert:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
Bounty (Fuel Ethanol) Act
1994
29 At the end of
Part 1
Add:
Chapter 2 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.
30 Subsection 30(1)
Omit “becomes aware”, substitute “subsequently
knows”.
31 Subsection 55(1)
Repeal the subsection, substitute:
(1) A person must not fail:
(a) to attend before an authorised officer; or
(b) to take an oath or make an affirmation; or
(c) to answer a question or produce an account or other
document;
when so required under this Act.
Penalty: Imprisonment for 6 months.
(2) An offence against subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) 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 (3), see subsection 13.3(3) of the Criminal
Code.
(3A) A person must not refuse:
(a) to attend before an authorised officer; or
(b) to take an oath or make an affirmation; or
(c) to answer a question or produce an account or other
document;
when so required under this Act.
Penalty: Imprisonment for 6 months.
(3B) Subsection (3A) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3B), see subsection 13.3(3) of the Criminal
Code.
Bounty (Machine Tools and
Robots) Act 1985
32 At the end of
Part 1
Add:
Chapter 2 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.
33 Subsection 23(1)
Omit “becomes aware”, substitute “subsequently
knows”.
34 Subsection 24(7)
Repeal the subsection.
35 Subsection 35(1)
Omit “, without reasonable excuse,”.
36 After subsection 35(1)
Insert:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
Bounty (Photographic Film)
Act 1989
37 At the end of
Part 1
Add:
Chapter 2 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.
38 Subsection 13(1)
Omit “becomes aware”, substitute “subsequently
knows”.
39 Subsection 24(1)
Omit “, without reasonable excuse,”.
40 After subsection 24(1)
Insert:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
Bounty (Printed Fabrics)
Act 1981
41 After section 4
Insert:
Chapter 2 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.
42 Subsection 10B(1)
Omit “becomes aware”, substitute “subsequently
knows”.
43 Subsection 18(1)
Omit “, without reasonable excuse,”.
44 After subsection 18(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.
45 Subsection 18(2)
Omit “knowingly obtain or attempt to obtain”, substitute
“obtain”.
46 Subsection 18(3)
Omit “or attempt to obtain”.
47 At the end of
Part 1
Add:
Chapter 2 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.
48 Subsection 14(1)
Omit “becomes aware”, substitute “subsequently
knows”.
49 Subsection 25(1)
Omit “shall not, without reasonable excuse, refuse or fail”,
substitute “must not refuse”.
50 After subsection 25(1)
Insert:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
(3) A person must not fail:
(a) to attend before an authorised officer; or
(b) to take an oath or make an affirmation; or
(c) to answer a question or produce an account, book, document or other
record;
when so required under this Act.
Penalty: $3,000 or imprisonment for 6 months, or both.
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4), see subsection 13.3(3) of the Criminal
Code.
(5) An offence against subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
51 At the end of
Part 1
Add:
Chapter 2 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.
52 Section 36
Omit “wilfully”.
53 Subsection 42B(1)
Omit “shall not, without lawful excuse, and”, substitute
“must not,”.
54 Subsection 42B(2)
Omit “shall not, without lawful excuse, and”, substitute
“must not,”.
55 At the end of
section 42B
Add:
(3) Subsection (1) or (2) does not apply if the person has a lawful
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3), see subsection 13.3(3) of the Criminal
Code.
56 Section 42C
Omit “shall not, without lawful excuse,”, substitute
“must not”.
57 At the end of
section 42C
Add:
(2) Subsection (1) does not apply if the person has a lawful
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.
58 Subsection 45(1)
Omit “knowingly”.
59 Subsections 45A(1) and
(2)
Repeal the subsections.
Note: The heading to section 45A is omitted and the
following heading substituted “Conduct of employees and agents of
natural persons”.
60 Subsection 45A(6)
Omit “(1) or”.
61 Subsection 45A(7)
Repeal the subsection.
62 Subsection 45A(9)
Omit all the words after “reference to an offence”,
substitute:
created by:
(a) section 6 of the Crimes Act 1914 that relates to this Act;
or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code that
relates to this Act.
63 At the end of
section 45A
Add:
Note: For provisions relating to proof of offences by bodies
corporate, see Part 2.5 of the Criminal Code.
Liquefied Petroleum Gas
(Grants) Act 1980
64 After section 3B
Insert:
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.
65 Subsection 7A(12)
Omit “knowingly obtain or attempt to obtain”, substitute
“obtain”.
Liquid Fuel Emergency Act
1984
66 Subsection 3(1) (definition of relevant
provision of this Act)
Omit “or section 28”.
67 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.
68 Subsection 14(5)
Omit “knowingly maintain or make available statistical information
that”, substitute “maintain or make available statistical
information knowing that it”.
69 Section 28
Repeal the section.
70 After subsection 29(5)
Insert:
(5A) An offence against subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
71 Subsection 30(2)
Repeal the subsection, substitute:
(2) A person must not:
(a) refuse to comply with a notice under this section; or
(b) fail to comply with a notice under this section.
Penalty: $1,000.
(2A) Subsection (2) does not apply to the extent that the person is
not capable of complying with the notice.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2A), see subsection 13.3(3) of the Criminal
Code.
(2B) An offence against paragraph (2)(b) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
72 Subsection 30(3)
Omit “knowingly furnish information that”, substitute
“furnish information knowing that it”.
73 Subsection 34(3)
Omit all the words after “includes”, substitute:
a reference to:
(a) a contravention of that provision arising by operation of
Part 2.4 of the Criminal Code; or
(b) a contravention of a provision of Part 2.4 of the Criminal
Code that relates to that provision.
Management and Investment
Companies Act 1983
74 At the end of
Part 1
Add:
Chapter 2 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.
75 At the end of
Part 1
Add:
Chapter 2 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.
76 Section 18J
Repeal the section.
77 Subsection 11(1)
Omit “intentionally or recklessly”.
78 After section 11
Insert:
Chapter 2 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.
79 Paragraph 44(b)
Omit “the person intentionally or recklessly carries out those
activities in a way that interferes”, substitute “those activities
interfere”.
80 Subsection 364(3)
Repeal the subsection, substitute:
(3) A person must not fail to comply with a request under
subsection (1).
Maximum penalty: 50 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4), see subsection 13.3(3) of the Criminal
Code.
81 Subsection 372(1)
Omit “, without reasonable excuse,”.
82 After subsection 372(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.
83 At the end of subsection
404(4)
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (4), see section 13.4 of the Criminal
Code.
84 Subsection 404(5)
Repeal the subsection, substitute:
(5) An owner is not criminally responsible for an offence against
subsection (3) if the owner proves that the owner did not know that the
person in command or in charge of the vessel was in contravention of
subsection (3).
Note: The defendant bears a legal burden in relation to the
matter in subsection (5), see section 13.4 of the Criminal
Code.
85 Section 423
Repeal the section, substitute:
(1) A person who stops being an inspector must return his or her identity
card to the Designated Authority as soon as practicable.
Maximum penalty: One penalty unit.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
86 At the end of
Chapter 1
Add:
Chapter 2 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.
87 Section 179
Omit “, without lawful excuse,”.
88 At the end of
section 179
Add:
(2) Subsection (1) does not apply if the person has a lawful
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.
89 Section 180
Omit “, without lawful excuse,”.
90 At the end of
section 180
Add:
(2) Subsection (1) does not apply if the person has a lawful
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.
91 Section 181
Omit “, without lawful excuse,”.
92 At the end of
section 181
Add:
(2) Subsection (1) does not apply if the person has a lawful
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.
93 Section 191
Omit “knowingly or recklessly”.
94 Subsections 225(1) and
(2)
Repeal the subsections.
Note: The heading to section 225 is omitted and the
following heading substituted “Conduct of employees and agents of
natural persons”.
95 Subsection 225(5)
Repeal the subsection, substitute:
(5) A reference in this section to an offence under this Act includes a
reference to an offence created by:
(a) section 6 of the Crimes Act 1914 that relates to this Act
or the regulations; or
(b) section 11.1, 11.2, 11.4 or 11.5 of the Criminal Code that
relates to this Act or the regulations.
96 Subsection 225(7)
Omit “(1) or”.
97 Subsection 225(8)
Repeal the subsection.
98 At the end of
section 225
Add:
Note: For provisions relating to proof of offences by bodies
corporate, see Part 2.5 of the Criminal Code.
Petroleum Excise (Prices)
Act 1987
99 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.
100 At the end of
section 10
Add:
(8) An offence against subsection (7) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
Petroleum Retail Marketing
Sites Act 1980
101 After section 8
Insert:
Chapter 2 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.
102 Subsection 14(2)
Omit “, without reasonable excuse,”.
103 After subsection 14(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2A), see subsection 13.3(3) of the Criminal
Code.
(2B) An offence against subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
Petroleum (Submerged
Lands) Act 1967
104 At the end of
Part 1
Add:
(1) Subject to subsection (2), Chapter 2 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) Part 2.5 of the Criminal Code does not apply to offences
created by Schedule 7 to this Act.
105 After subsection 82(1)
Insert:
(1A) For the purposes of an offence against paragraph (1)(c), strict
liability applies to the physical element of the offence, that the instrument is
an instrument of the kind referred to in paragraph 81(4)(b).
Note: For strict liability, see
section 6.1 of the Criminal Code.
106 Subsection 84(2)
Omit “shall not knowingly furnish information that”, substitute
“must not furnish information knowing that it”.
107 Subsection 85(2)
Repeal the subsection, substitute:
(2) A person must not fail to comply with a requirement given to the
person under subsection (1) or (1A).
Penalty: 50 penalty units.
(3) An offence against subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(4) A person must not refuse to comply with a requirement given to the
person under subsection (1) or (1A).
Penalty: 50 penalty units.
108 Section 90
Omit “wilfully”.
109 At the end of subsection 97(6) (before the
penalty)
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (6), see section 13.4 of the Criminal
Code.
110 After subsection 98(3)
Insert:
(3A) The offences against subsections (2) and (3) are offences of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
111 After subsection 101(7)
Insert:
(7A) An offence against subsection (7) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
112 At the end of subsection
101(8)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in paragraph (8)(b), see subsection 13.3(3) of the
Criminal Code.
113 Section 117
Repeal the section, substitute:
(1) A person must not:
(a) refuse to comply with a requirement in an instrument under
section 115; or
(b) fail to comply with a requirement in an instrument under
section 115; or
(c) in purported compliance with such a requirement, furnish information
knowing that it is false or misleading in a material particular; or
(d) when
attending before the Designated Authority or an inspector because of such a
requirement, make a statement or produce a document knowing that it is false or
misleading in a material particular.
Penalty: 100 penalty units.
(2) Paragraph (1)(a) or (b) does not apply to the extent to which the
person is not capable of complying with the requirement.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
(3) An offence against paragraph (1)(b) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
114 At the end of
section 119
Add:
(4) An offence against subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
115 Subsection 124A(1)
Repeal the subsection, substitute:
(1) A person must not perform an act that results in:
(a) damage to, or interference with, any structure or vessel in an
adjacent area that is, or is to be, used in exploring for, recovering,
processing, storing, preparing for transport, or transporting, petroleum;
or
(b) interference with any operations or activities being carried out, or
any works being executed, on, by means of, or in connection with, such a
structure or vessel.
Penalty: Imprisonment for 10 years.
116 At the end of subsection
126(2)
Add:
Penalty: 50 penalty units.
117 Subsection 126(3)
Omit “, without reasonable excuse,”.
118 At the end of
section 126
Add:
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4), see subsection 13.3(3) of the Criminal
Code.
119 Paragraph 133(1)(b)
Repeal the paragraph, substitute:
(b) of an offence against section 6 of the Crimes Act 1914 in
relation to an offence referred to in paragraph (a); or
(ba) of an offence against section 11.1, 11.4 or 11.5 of the
Criminal Code in relation to an offence referred to in
paragraph (a);
120 After subsection
140D(1)
Insert:
(1A) An offence against subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
121 At the end of subsection
140D(2)
Add:
Note: A defendant bears a legal burden in relation to the
matter in subsection (2), see section 13.4 of the Criminal
Code.
122 After subsection
140E(2)
Insert:
(2A) An offence against paragraph (2)(a) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
123 Clause 2 of Schedule 7 (definition
of contravention)
Repeal the definition, substitute:
contravention, if the contravention is an offence against
this Schedule or the regulations, 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.
124 Subclause 32(2) of
Schedule 7
Omit “, without reasonable excuse,”.
125 After subclause 32(2) of
Schedule 7
Insert:
(2A) Subclause (2) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subclause (2A), see subsection 13.3(3) of the Criminal
Code.
(2B) An offence against subclause (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
126 Subclause 32(3) of
Schedule 7
Omit “knowingly or recklessly”.
127 Clause 39 of
Schedule 7
Omit “, without reasonable excuse”.
128 At the end of clause 39 of
Schedule 7
Add:
(2) Subclause (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subclause (2), see subsection 13.3(3) of the Criminal
Code.
(3) An offence against subclause (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
129 Clause 45 of
Schedule 7
Repeal the clause, substitute:
(1) A person must not perform an act that results in the interference
with, or the rendering ineffective of, any protective equipment or safety device
provided for the health, safety or welfare of employees or contractors at work
which the person knew (or ought reasonably to have known) was protective
equipment or a safety device.
Penalty: Imprisonment for 6 months.
(2) Subclause (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subclause (2), see subsection 13.3(3) of the Criminal
Code.
130 Paragraphs 48(1)(b) and (c) of
Schedule 7
Repeal the paragraphs, substitute:
(b) perform an act that results in injury to an employee in his or her
employment; or
(c) perform an act that prejudicially alters the employee’s position
(whether by deducting or withholding remuneration or by any other means);
or
131 At the end of subclause 48(2) of
Schedule 7
Add:
Note: A defendant bears a legal burden in relation to the
matter in subclause (2), see section 13.4 of the Criminal
Code.
132 At the end of clause 52 of
Schedule 7
Add:
Note: A defendant bears a legal burden in relation to the
matter in this clause, see section 13.4 of the Criminal
Code.
Petroleum (Timor Gap Zone
of Cooperation) Act 1990
133 At the end of
Part 1
Add:
Chapter 2 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.
134 At the end of subsection
9(2)
Add:
Penalty: $5,000.
135 Subsection 9(3)
Omit “, without reasonable excuse,”.
136 At the end of
section 9
Add:
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4), see subsection 13.3(3) of the Criminal
Code.
Pooled Development Funds
Act 1992
137 At the end of
Part 1
Add:
Chapter 2 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.
138 Subsection 28(2B)
Repeal the subsection, substitute:
(2B) A PDF contravenes this subsection if:
(a) an approval is given for the purposes of subsection 25(1);
and
(b) the PDF makes the investment; and
(c) the PDF engages in conduct; and
(d) the PDF’s conduct contravenes the condition covered by
subsection (2A).
139 Subsection 28(3)
Insert:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
140 Subsection 42(1)
Omit “becoming aware of an event referred to in subsection (2),
a PDF”, substitute “a PDF knows of an event referred to in
subsection (2), the PDF”.
141 Section 49
Omit “becomes aware”, substitute “knows”.
142 Paragraphs 50(3)(a), (b) and
(d)
Omit “knowingly or recklessly”.
143 Subsections 51(1) and
(2)
Omit “, without reasonable excuse,”.
144 At the end of
section 51
Add:
(3) Subsection (1) or (2) does not apply if the person has a
reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3), see subsection 13.3(3) of the Criminal
Code.
145 After section 1
insert:
Chapter 2 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.
146 At the end of section 4 (after the
penalty)
Add:
Note: The defendant bears a legal burden in relation to the
matter in this section, see section 13.4 of the Criminal
Code.
147 Reader’s Guide (last paragraph under
the heading “Crimes Act 1914”)
Repeal the paragraph.
148 Reader’s Guide (before the heading
“Trade Marks Act 1955”)
Insert:
Criminal Code
The Criminal Code is set out in the Schedule to the Criminal Code
Act 1995. It contains many general rules that apply to offences.
Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility. For example, it has default fault elements that apply
to offences that do not specify a fault element and provides the consequences of
an offence being an offence of strict liability.
149 After section 4
Insert:
Chapter 2 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.
150 Subsection 143(2)
Omit “intentionally or recklessly”.
151 Subsection 145(1)
Omit “, intentionally or recklessly,”.
152 Subsection 146(1)
Omit “, intentionally or recklessly,”.
153 At the end of
section 147
Add:
(4) For the purposes of an offence against subsection (1), (2) or
(3), strict liability applies to the physical element of the offence, that the
offence referred to in paragraph (1)(a), (1)(b), (2)(a) or (2)(b) or
subsection (3) is an offence against section 145 or 146.
Note: For strict liability, see section 6.1 of the
Criminal Code.
154 Subsection 150(2)
Omit “5 of the Crimes Act 1914”, substitute “11.2
of the Criminal Code”.
155 Subsections 151(1), (2), (3) and
(4)
Omit “intentionally or recklessly”.
156 Subsections 153(1) and
(2)
Omit “, without reasonable excuse,”.
157 After subsection 153(2)
Insert:
(2A) Subsections (1) and (2) do not apply if the person has a
reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2A), see subsection 13.3(3) of the Criminal
Code.
158 Subsection 153(3) (note
2)
Repeal the note, substitute:
Note 2: For strict liability, see
section 6.1 of the Criminal Code.
159 Subsection 154(1)
Omit “, without reasonable excuse”.
160 After subsection 154(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.
161 Subsection 154(2) (note
2)
Repeal the note, substitute:
Note 2: For strict liability, see
section 6.1 of the Criminal Code.
162 Paragraph 156(3)(b)
Omit “knowingly”.
163 Subsection 156(6)
(note)
Repeal the note, substitute:
Note: For strict liability, see
section 6.1 of the Criminal Code.
164 Subsection 157(2) (note
2)
Repeal the note, substitute:
Note 2: For strict liability, see
section 6.1 of the Criminal Code.
165 Paragraph 160(1)(b)
Repeal the paragraph, substitute:
(b) an offence under section 6 of the Crimes Act 1914 that
relates to this Act; or
(c) an offence against section 11.1, 11.4 or 11.5 of the Criminal
Code that relates to this Act.
Note: The heading to section 160 is omitted and the
following heading substituted “Conduct of employees and agents of
natural persons”.
166 At the end of subsection
160(1)
Add:
Note: For provisions relating to proof of offences by bodies
corporate, see Part 2.5 of the Criminal Code.
167 Subsections 160(2) and
(3)
Repeal the subsections.
168 Subsection 160(7) (definition of
director)
Repeal the definition.
169 At the end of
section 26
Add:
(2) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of the offence, that the requirement
is a requirement made by subsection 9(6).
Note: For strict liability, see
section 6.1 of the Criminal Code.
170 At the end of
section 27
Add:
(2) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of the offence, that the requirement
is a requirement made by section 15.
Note: For strict liability, see
section 6.1 of the Criminal Code.
171 At the end of
section 29
Add:
(2) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of the offence, that the requirement
is a requirement made by section 22.
Note: For strict liability, see
section 6.1 of the Criminal Code.