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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
As read a third
time
Law and
Justice Legislation Amendment (Application of Criminal Code) Bill
2001
No. ,
2001
A Bill for an Act relating
to the application of the Criminal Code to certain offences, and for
related purposes
ISBN: 0642 466297
Contents
Crimes Act
1914 4
Criminal Code Act
1995 5
Commonwealth Places (Application of Laws) Act
1970 151
Crimes Act
1914 151
Transfer of Prisoners Act
1983 151
THIS bill originated in the Senate; and, having this day passed, is now
ready for presentation to the House of Representatives for its
concurrence.
HARRY EVANS
Clerk of the Senate
The Senate
1 March 2001
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 Law and Justice Legislation Amendment
(Application of Criminal Code) Act 2001.
(1) Subject to this section, this Act commences at the later of the
following times:
(a) immediately after the commencement of item 15 of Schedule 1
to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences)
Act 2000;
(b) the start of the 28th day after the day on which this Act receives the
Royal Assent.
(2) Schedule 1 commences on the 28th day after the day on which this
Act receives the Royal Assent.
(3) Schedules 21 and 51 commence on the day mentioned in
subsection 2.2(2) of the Criminal Code.
(4) If section 1 of this Act has not commenced before the
commencement of item 78 of Schedule 1 to the Crimes Amendment
(Forensic Procedures) Act 2001, items 20, 21 and 22 of Schedule 10
to this Act do not commence.
(5) If section 1 of this Act has not commenced before the
commencement of Parts 2, 5 and 6 of Schedule 1 to the Human Rights
Legislation Amendment Act 2001, the following provisions of this Act do not
commence:
(a) items 5, 6 and 7 of Schedule 24;
(b) items 3, 4 and 5 of Schedule 43;
(c) items 7, 8 and 9 of Schedule 45.
(6) If item 2 of Schedule 1 to the Human Rights Legislation
Amendment Act 2001 commences before the commencement of Schedule 32 to
this Act, this Act has effect as if the amendments of the Human Rights and
Equal Opportunities Commission Act 1986 contained in Schedule 32 to
this Act were amendments of the Human Rights and Responsibilities Commission
Act 1986.
(7) If item 106 of Schedule 1 to the Privacy Amendment
(Private Sector) Act 2000 has not commenced before the commencement of
section 1 of this Act, item 10 of Schedule 40 to this Act
commences immediately after the commencement of the first-mentioned
item.
(8) If paragraph 234(1)(c) of the Customs Act 1901 is repealed by
another Act on or before the commencement of Schedule 21 to this Act,
items 122 and 124 of that Schedule do not commence.
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) Subject to subsection (3), 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.
(3) Subsection (1) does not apply to amendments made by this Act to
the War Crimes Act 1945.
1 At the end of Part I
Add:
Sections 4, 5, 7, 7A, 14, 15D and 86 do not apply in relation to an
offence against a provision of this Act, or of any other law of the
Commonwealth, being an offence to which Chapter 2 of the Criminal
Code applies.
2 Subsection 4D(1)
Repeal the subsection, substitute:
(1) Except so far as the contrary intention appears, a penalty, whether
pecuniary or otherwise, set out at the foot of any provision of an Act as
described in a paragraph of subsection (1A) indicates:
(a) if the provision expressly creates an offence—that the offence
is punishable on conviction by a penalty not exceeding the penalty so set out;
or
(b) in any other case—that contravention of the provision is an
offence against the provision, punishable on conviction by a penalty not
exceeding the penalty so set out.
(1A) Subsection (1) applies to a penalty set out:
(a) at the foot of a section of an Act; or
(b) at the foot of a subsection of an Act, but not at the foot of the
section containing the subsection; or
(c) at the foot of a clause of any Schedule to an Act; or
(d) at the foot of a subclause of any Schedule to an Act, but not at the
foot of the clause containing the subclause.
(1B) Subsection (1) does not affect the operation of subsection
4B(2), (2A) or (3).
3 After section 3
Insert:
(1) Despite section 2.2 of the Criminal Code, or anything in
any other Act, if the Governor-General has power to make regulations under an
Act, that power is taken to include a power to make regulations applying
Chapter 2 of the Criminal Code on and after a specified day to
offences against:
(a) all regulations under that Act; or
(b) a specified class of regulations under that Act; or
(c) one or more specified regulations under that Act;
whether those regulations are made before or after the commencement of this
section.
(2) The day specified in regulations made under subsection (1) must
not:
(a) occur before the day on which the regulations are made; or
(b) be the day specified in subsection 2.2(2) of the Criminal Code,
or occur after that day.
(3) This section ceases to have effect, and is taken to have been
repealed, on the day specified in subsection 2.2(2) of the Criminal
Code.
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.
2 Subsection 49M(1)
Omit “knowingly”, substitute
“intentionally”.
3 Paragraph 63(b)
Omit “without lawful excuse,”.
4 Paragraphs 63(c) and (d)
Omit “, without lawful excuse,”.
5 At the end of
section 63
Add:
(2) Paragraphs (1)(b), (c) and (d) 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).
6 After subsection 64A(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
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.
2 Paragraph 13(2)(b)
Omit “, 7 or 7A of the Crimes Act 1914”, substitute
“of the Crimes Act 1914, or section 11.1 or 11.4 of the
Criminal Code,”.
3 After subsection 19(3)
Insert:
(3A) Subsection (3) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
4 At the end of
section 19
Add:
(7) Subsection (6) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 After subsection 20(4)
Insert:
(4A) Subsection (4) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
1 After section 4
Insert:
Chapter 2 of the Criminal Code (except Part 2.5) applies
to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Subsection 92M(1)
Omit “, without reasonable excuse”.
3 Paragraph 92M(2)(b)
Omit “, without reasonable excuse”.
4 Subsection 92M(3)
Omit “, without reasonable excuse,”.
5 After subsection 92M(3)
Insert:
(3A) Subsections (1), (2) and (3) do not apply if the person has a
reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3A) (see subsection 13.3(3) of the Criminal
Code).
6 Subsection 92M(5)
Omit “references”, substitute
“reference”.
1 After section 7
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 After subsection 54(2)
Insert:
(3) Subsections (1) and (2) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 Subsection 56F(1)
Omit “, unless the member has a reasonable excuse”.
4 After subsection 56F(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1B) Subsection (1) does not apply if the member has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1B) (see subsection 13.3(3) of the Criminal
Code).
5 After subsection 80(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
6 Subsection 155J(1)
Omit “, unless the person has a reasonable excuse”.
7 After subsection 155J(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1B) 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 (1B) (see subsection 13.3(3) of the Criminal
Code).
8 At the end of
section 168
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
9 At the end of
section 173
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
10 After subsection 175(5)
Insert:
(5A) Subsection (5) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
11 At the end of
section 182
Add:
(5) Subsection (4) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
12 After subsection 246(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
13 Section 263A
Omit “wilfully”, substitute
“intentionally”.
14 Subsection 264A(1A)
Omit “, without reasonable excuse”.
15 After subsection
264A(1A)
Insert:
(1B) Subsection (1A) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1B) (see subsection 13.3(3) of the Criminal
Code).
16 Subsection 264C(1)
Omit “, without reasonable excuse”.
17 After subsection 264C(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).
18 At the end of
section 264E
Add:
(2) For the purposes of an offence against subsection (1), strict
liability applies to the following physical elements of circumstance of the
offence:
(a) that the Registrar or magistrate is a Registrar or magistrate before
whom an examination under this Act is being held;
(b) that the examination is an examination under this Act being held
before a Registrar or magistrate.
Note: For strict liability, see
section 6.1 of the Criminal Code.
19 Paragraphs 265(1)(a), (b) and
(ca)
Omit “, to the best of his or her knowledge and
belief,”.
20 After subsection 265(1)
Insert:
(1A) A bankrupt is taken to have complied with paragraph (1)(a), (b)
or (ca) if he or she has fully and truly disclosed to the best of his or her
knowledge and belief as required by that paragraph.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1A) (see subsection 13.3(3) of the Criminal
Code).
21 Subsection 265(3)
Omit “for the purpose”, substitute “with the
intention”.
22 Subsection 265A(1)
Omit “, without reasonable excuse,”.
23 After subsection 265A(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).
24 Subsection 265A(3)
Omit “, without reasonable excuse”.
25 After subsection 265A(3)
Insert:
(3A) 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 (3A) (see subsection 13.3(3) of the Criminal
Code).
26 Section 267B
Omit “, without reasonable excuse,”.
27 At the end of
section 267B
Add:
(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).
28 Section 267D
Omit “, without reasonable excuse”.
29 At the end of
section 267D
Add:
(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).
30 Section 267F
Omit “, without reasonable excuse”.
31 At the end of
section 267F
Add:
(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).
32 Paragraphs 268(2)(a) and
(ba)
Omit “, to the best of his or her knowledge and
belief,”.
33 After subsection 268(2)
Insert:
(2A) A debtor is taken to have complied with paragraph (2)(a) or (ba)
if he or she has fully and truly disclosed to the best of his or her knowledge
and belief as required by that paragraph.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2A) (see subsection 13.3(3) of the Criminal
Code).
34 Subsection 268(3)
Omit “for the purpose”, substitute “with the
intention”.
35 At the end of subsection
268(4)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4) (see subsection 13.3(3) of the Criminal
Code).
36 Subsection 268(5)
Omit “, to the best of his or her knowledge and
belief,”.
37 After subsection 268(5)
Insert:
(5A) A debtor is taken to have complied with subsection (5) if he or
she has fully and truly disclosed to the best of his or her knowledge and belief
as required by that subsection.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (5A) (see subsection 13.3(3) of the Criminal
Code).
1 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.
2 At the end of subsection
23(4)
Add:
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 At the end of subsection
24(4)
Add:
Note: For strict liability, see
section 6.1 of the Criminal Code.
4 At the end of subsection
30(3)
Add:
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 Subsection 70(4)
Omit “, without reasonable excuse,”.
6 At the end of
section 70
Add:
(5) Subsection (4) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(6) 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 (6) (see subsection 13.3(3) of the Criminal
Code).
1 At the end of
section 2
Add:
Note: Chapter 2 of the Criminal Code applies to
this Act in the way described in section 5AA of the Customs Act
1901.
2 At the end of
section 6
Add:
(2) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance of the offence, that
the notice required to be given is notice in accordance with the
regulations.
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 Subsection 9(2)
Omit “knowingly”, substitute
“intentionally”.
4 Paragraphs 12(1)(a) and
(b)
Omit “knowingly”, substitute
“intentionally”.
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.
2 Paragraph 7(8)(a)
Omit “without reasonable excuse,”.
3 After subsection 7(8)
Insert:
(8A) Paragraph (8)(a) does not apply if the appointee has a
reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (8A) (see subsection 13.3(3) of the Criminal
Code).
4 Subsection 44(1)
Omit “, without reasonable excuse”.
5 After subsection 44(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).
6 Paragraph 50(8)(a)
Repeal the paragraph, substitute:
(a) fail to attend before a person when required to do so under this
section; or
(aa) refuse or fail to be sworn or make an affirmation, when required to
do so under this section; or
(ab) refuse or fail to furnish information, produce a document or other
record, or to answer a question, when required to do so under this section;
or
Omit “without reasonable excuse, wilfully”, substitute
“intentionally”.
8 After subsection 50(8)
Insert:
(8A) Paragraphs (8)(a), (aa), (ab) and (b) do not apply if the person
has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (8A) (see subsection 13.3(3) of the Criminal
Code).
9 Section 82
Omit “, without reasonable excuse”.
10 At the end of
section 82
Add:
(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).
11 Subsection 83(1)
Omit “, without reasonable excuse,”.
12 After subsection 83(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).
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.
2 After subsection 47A(3)
Insert:
(3A) Subsection (3) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 Subsection 47A(7)
Omit “, without reasonable excuse,”.
4 After subsection 47A(7)
Insert:
(7A) Subsection (7) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(7B) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (7B) (see subsection 13.3(3) of the Criminal
Code).
5 Subsection 172(1)
Omit “without lawful excuse, and”.
6 At the end of subsection
172(1)
Add:
Penalty: 10 penalty units or imprisonment for 3 months.
7 Subsection 172(2)
Omit “without lawful excuse, and”.
8 At the end of subsection
172(2)
Add:
Penalty: 10 penalty units or imprisonment for 3 months.
9 Subsection 172(3)
Omit “, without lawful excuse,”.
10 Subsection 172(3)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
11 At the end of
section 172
Add:
(4) Subsections (1), (2) and (3) do 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).
12 After subsection 203E(6)
Insert:
(6A) Subsection (6) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
13 Subsection 203E(10)
Omit “for the purpose”, substitute “with the
intention”.
14 After subsection
203E(10)
Insert:
(10A) Subsection (10) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
15 Subsection 203F(2)
Omit “wilfully”, substitute
“intentionally”.
1 Subsection 3(1) (paragraph (a) of the
definition of associated offence)
Repeal the paragraph, substitute:
(a) in relation to an offence against section 233B of the Customs
Act 1901—an ancillary offence (within the meaning of the Criminal
Code) that relates to the offence; or
2 Subsection 3(1) (paragraph (b) of the
definition of associated offence)
Omit “an offence under section 5, 7 or 7A or subsection 86(1) of
this Act”, substitute “an ancillary offence (within the meaning of
the Criminal Code)”.
3 Subsection 3(1) (subparagraph (c)(i) of
the definition of associated offence)
Omit “section 5, 7 or 7A or subsection 86(1) of this Act”,
substitute “a provision of Part 2.4 of the Criminal
Code”.
4 After section 3B
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.
5 Subsection 3V(2)
Omit “, without reasonable excuse”.
6 After subsection 3V(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).
7 Subsection 3ZL(2)
Repeal the subsection, substitute:
(2) A person must not refuse or fail to allow those impressions or a
photograph of the person to be taken.
Penalty: Imprisonment for 12 months.
(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).
8 Subsection 15V(2)
Insert:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
9 Subparagraph
15W(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii) engaged in conduct contrary to Part 2.4 of the Criminal
Code in relation to paragraph 233B(1)(b) of the Customs Act 1901;
and
10 Section 15X
Omit “or in aiding, abetting, counselling, procuring, or being in any
way knowingly concerned in, their importation”, substitute “or
engaged in conduct contrary to Part 2.4 of the Criminal Code in
relation to such an offence,”.
11 Subsection 19AZA(1)
Omit “, without reasonable excuse,”.
12 At the end of subsection
19AZA(1)
Add:
Penalty: 10 penalty units.
13 Subsection 19AZA(2)
Omit “, without reasonable excuse,”.
14 At the end of subsection
19AZA(2)
Add:
Penalty: 10 penalty units.
15 Subsection 19AZA(3)
Omit “, without reasonable excuse,”.
16 At the end of
section 19AZA
Add:
(4) Subsections (1), (2) and (3) do 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) Subsections (1) and (2) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
17 Subsection 23XG(2)
Omit “or recklessly”.
18 Section 23XH
Omit “or recklessly”.
19 Section 23YL (note)
Omit “or recklessly”.
20 Subsection 23YP(2)
Omit “or recklessly”.
21 Subsection 23YQ(7)
Omit “, without reasonable excuse,”.
22 After subsection 23YQ(7)
Insert:
(7A) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (7A) (see subsection 13.3(3) of the Criminal
Code).
23 Subsection 24AB(1) (definition of act of
sabotage)
Omit “for a purpose intended to be prejudicial to”, substitute
“with the intention of prejudicing”.
24 Subsection 24AB(3)
Omit “a purpose intended to be prejudicial to” (first
occurring), substitute “an intention to prejudice”.
25 Subsection 24AB(3)
Omit “purpose was a purpose intended to be prejudicial to”,
substitute “intention was to prejudice”.
26 Paragraph 24AB(4)(a)
Omit “purpose of the defendant was a purpose intended to be
prejudicial to”, substitute “defendant intended to
prejudice”.
27 Subsection 24AB(5)
Omit “purpose of the defendant was a purpose intended to be
prejudicial to”, substitute “defendant intended to
prejudice”.
28 Section 24C
Repeal the section, substitute:
A person who engages in a seditious enterprise with the intention of
causing violence, or creating public disorder or a public disturbance, is guilty
of an indictable offence punishable on conviction by imprisonment for not longer
than 3 years.
29 Subsection 25(1)
Omit “knowingly”, substitute
“intentionally”.
30 Section 26
Omit “knowingly”, substitute
“intentionally”.
31 Section 29
Omit “wilfully and unlawfully”, substitute
“intentionally”.
32 At the end of
section 29
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the property is property belonging to the Commonwealth or to any public
authority under the Commonwealth.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
33 Subsection 30AA(3)
Repeal the subsection.
34 Section 30F
Omit “knowingly prints, publishes, sells or exposes for sale or
who”, substitute “intentionally prints, publishes, sells or exposes
for sale or who intentionally”.
35 Section 30FC
Omit “knowingly”, substitute
“intentionally”.
Note: The heading to section 30FC is altered by
omitting “knowingly”.
36 Subsections 30R(1) to (4)
(inclusive)
Repeal the subsections.
Note: The heading to section 30R is replaced by the
heading “Books etc. taken to have been issued by
associations”.
37 Paragraph 34(a)
Omit “without reasonable excuse, and”.
38 Paragraph 34(b)
Omit “wilfully”, substitute
“intentionally”.
39 At the end of
section 34
Add:
(2) Paragraph (1)(a) does not apply if the judge or magistrate 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).
40 Subsection 35(1)
Omit “for the purpose”, substitute “with the
intention”.
41 Subsection 35(1)
Omit “knowingly”, substitute
“intentionally”.
42 After subsection 35(1)
Insert:
(1A) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance of the offence, that
the matter is material in the proceeding.
Note: For strict liability, see
section 6.1 of the Criminal Code.
43 Section 36
After “proceeding”, insert “,
intentionally”.
44 Paragraph 36(b)
Omit “knowingly”.
45 Paragraph 37(b)
Omit “attempts by any means to induce”, substitute “does
an act with the intention of inducing”.
46 Paragraph 37(c)
Omit “or attempts”.
47 Section 38
Omit “knowingly”, substitute
“intentionally”.
48 Section 39
Omit “wilfully”, substitute
“intentionally”.
49 Section 40
Omit “wilfully prevents or wilfully endeavours to prevent”,
substitute “intentionally prevents”.
50 At the end of
section 41
Add:
(2) For a person to be guilty of an offence against
subsection (1):
(a) the person must have entered into an agreement with one or more other
persons; and
(b) the person and at least one other party to the agreement must have
intended that a person be charged falsely with an offence pursuant to the
agreement; and
(c) the person or at least one other party to the agreement must have
committed an overt act pursuant to the agreement.
(3) A person may be found guilty of an offence against subsection (1)
even if:
(a) charging a person falsely pursuant to the agreement is impossible;
or
(b) the only other party to the agreement is a body corporate;
or
(c) each other party to the agreement is a person who is not criminally
responsible; or
(d) subject to subsection (4), all other parties to the agreement
have been acquitted of the offence.
(4) A person cannot be found guilty of an offence against
subsection (1) if:
(a) all other parties to the agreement have been acquitted of such an
offence; and
(b) a finding of guilt would be inconsistent with their
acquittal.
(5) A person cannot be found guilty of an offence against
subsection (1) if, before the commission of an overt act pursuant to the
agreement, the person:
(a) withdrew from the agreement; and
(b) took all reasonable steps to prevent the false charging.
(6) A court may dismiss a charge of an offence against subsection (1)
if the court thinks that the interests of justice require the court to do
so.
(7) Section 11.1 of the Criminal Code does not apply to an
offence against subsection (1).
51 At the end of
section 42
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the judicial power is of the Commonwealth.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(3) For a person to be guilty of an offence against
subsection (1):
(a) the person must have entered into an agreement with one or more other
persons; and
(b) the person and at least one other party to the agreement must have
intended to obstruct, prevent, pervert or defeat the course of justice pursuant
to the agreement; and
(c) the person or at least one other party to the agreement must have
committed an overt act pursuant to the agreement.
(4) A person may be found guilty of an offence against subsection (1)
even if:
(a) obstructing, preventing, perverting or defeating the course of justice
pursuant to the agreement is impossible; or
(b) the only other party to the agreement is a body corporate;
or
(c) each other party to the agreement is a person who is not criminally
responsible; or
(d) subject to subsection (5), all other parties to the agreement
have been acquitted of the offence.
(5) A person cannot be found guilty of an offence against
subsection (1) if:
(a) all other parties to the agreement have been acquitted of such an
offence; and
(b) a finding of guilt would be inconsistent with their
acquittal.
(6) A person cannot be found guilty of an offence against
subsection (1) if, before the commission of an overt act pursuant to the
agreement, the person:
(a) withdrew from the agreement; and
(b) took all reasonable steps to prevent the obstruction, prevention,
perversion or defeat.
(7) A court may dismiss a charge of an offence against subsection (1)
if the court thinks that the interests of justice require the court to do
so.
(8) Section 11.1 of the Criminal Code does not apply to an
offence against subsection (1).
52 At the end of
section 43
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the judicial power is of the Commonwealth.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(3) For the person to be guilty of an offence against subsection (1),
the person’s conduct must be more than merely preparatory to the
commission of the offence. The question whether conduct is more than merely
preparatory to the commission of the offence is one of fact.
(4) A person may be found guilty of an offence against subsection (1)
even if doing the thing attempted is impossible.
53 Section 44
Omit “or attempts”.
54 After subsection 46(1)
Insert:
(1A) For a person to be guilty of an offence against
paragraph (1)(a), (aa) or (ab):
(a) the person’s conduct must have in fact aided the escape or
attempted escape by the person in custody, under arrest or in detention (the
escapee); and
(b) the escapee must have actually escaped or attempted to
escape.
(1B) For a person to be guilty of an offence against
paragraph (1)(a), (aa) or (ab), the person must have intended that his or
her conduct would aid the escape or attempted escape by the escapee.
(1C) A person cannot be found guilty of an offence against
paragraph (1)(a), (aa) or (ab) if, before the escape or attempted escape,
the person:
(a) terminated his or her aid to the escapee; and
(b) took all reasonable steps to prevent the escape or attempted
escape.
(1D) A person may be found guilty of an offence against
paragraph (1)(a), (aa) or (ab) even if the escapee has not been prosecuted,
or has not been found guilty of an offence, in relation to the escape or
attempted escape.
55 Paragraph 47B(1)(b)
Omit “, without reasonable excuse,”.
56 After subsection 47B(1)
Insert:
(1A) Paragraph (1)(b) 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).
57 Paragraph 47C(1)(c)
Omit “wilfully”, substitute
“intentionally”.
58 Subsection 47C(2)
Omit “wilfully”, substitute
“intentionally”.
59 Section 49
Omit “knowingly and with intent to hinder or defeat the attachment or
process, receives, removes, retains, conceals, or disposes of the
property”, substitute “intentionally receives, removes, retains,
conceals or disposes of the property, with intent to hinder or defeat the
attachment or process”.
60 Subparagraphs 50AA(2)(a)(i) and
(ii)
Repeal the subparagraphs, substitute:
(i) an offence against section 6 or 50DB; or
(ii) an offence against section 11.1 or 11.5 of the Criminal
Code;
61 Paragraph 50AA(2)(b)
Omit “section 5”, substitute “section 11.2 or
11.3 of the Criminal Code”.
62 Subsection 50AA(3)
Omit “section 5”, substitute “section 11.2 of
the Criminal Code”.
63 Subsection 50AA(4)
Omit “Section 7A”, substitute “Section 11.4 of
the Criminal Code”.
64 Subsection 50AA(5)
Omit “Paragraph 86(1)(a)”, substitute “Section 11.5
of the Criminal Code”.
65 At the end of
section 50BA
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the following physical elements of circumstance of the
offence:
(a) that the sexual intercourse is engaged in outside Australia;
(b) that the person referred to in that subsection as being under 16 is in
fact under 16.
Note 1: For absolute liability, see
section 6.2 of the Criminal Code.
Note 2: For a defence based on belief about age, see
section 50CA.
66 At the end of
section 50BB
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the following physical elements of circumstance of the
offence:
(a) that the sexual intercourse is engaged in outside Australia;
(b) that the person referred to in that subsection as being under 16 is in
fact under 16.
Note 1: For absolute liability, see
section 6.2 of the Criminal Code.
Note 2: For a defence based on belief about age, see
section 50CA.
67 At the end of
section 50BC
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that the first person is outside Australia;
(b) that the person referred to in that subsection as being under 16 is in
fact under 16;
(c) in the case of an offence against paragraph (1)(a), (b), (c) or
(d)—that the act of indecency referred to in that paragraph is in fact an
act of indecency.
Note 1: For absolute liability, see
section 6.2 of the Criminal Code.
Note 2: For a defence based on belief about age, see
section 50CA.
68 At the end of subsection
50BD(1)
Add:
Penalty: Imprisonment for 12 years.
69 After subsection 50BD(1)
Insert:
(1A) For the purposes of an offence against subsection (1), absolute
liability applies to the following physical elements of circumstance of the
offence:
(a) that the act of indecency is committed outside Australia;
(b) that the person referred to in that subsection as being under 16 is in
fact under 16;
(c) that the act of indecency referred to in that subsection is in fact an
act of indecency.
Note 1: For absolute liability, see
section 6.2 of the Criminal Code.
Note 2: For a defence based on belief about age, see
section 50CA.
70 At the end of
section 50BD
Add:
(3) For the purposes of an offence against subsection (2), absolute
liability applies to the following physical elements of circumstance of the
offence:
(a) that the sexual intercourse is engaged in outside Australia;
(b) that the person referred to in that subsection as being under 16 is in
fact under 16.
Note 1: For absolute liability, see
section 6.2 of the Criminal Code.
Note 2: For a defence based on belief about age, see
section 50CA.
71 At the end of
section 50CA
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this section (see subsection 13.3(3) of the Criminal
Code).
72 At the end of
section 50CB
Add:
Note: A defendant bears an evidential burden in relation to
the matters in this section (see subsection 13.3(3) of the Criminal
Code).
73 After subsection 50DA(1)
Insert:
(1A) Absolute liability applies to paragraph (1)(b).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(1B) In a prosecution for an offence against subsection (1), it is
not necessary to prove that the defendant knew that the conduct mentioned in
paragraph (1)(a) would be of a kind that would constitute an offence
against this Part.
74 After subsection 50DB(1)
Insert:
(1A) Absolute liability applies to paragraph (1)(b).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(1B) In a prosecution for an offence against subsection (1), it is
not necessary to prove that the defendant knew that the conduct mentioned in
paragraph (1)(a) would be of a kind that would constitute an offence
against this Part (other than this section).
75 Subsection 76B(3)
(penalty)
Omit “for a contravention of this subsection”.
76 At the end of
section 76B
Add:
(4) For the purposes of an offence against subsection (1), (2) or
(3), absolute liability applies to whichever one of the following physical
elements of circumstance is relevant to the offence:
(a) that the computer is a Commonwealth computer;
(b) that the computer is not a Commonwealth computer.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
77 Section 76C
Omit “or lawful excuse”.
78 At the end of
section 76C
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to whichever one of the following physical elements of
circumstance is relevant to the offence:
(a) that the computer is a Commonwealth computer;
(b) that the computer is not a Commonwealth computer.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
79 Subsection 76D(3)
(penalty)
Omit “for a contravention of this subsection”.
80 At the end of
section 76D
Add:
(4) For the purposes of an offence against subsection (1), (2) or
(3), absolute liability applies to the physical element of circumstance of the
offence, that the facility is operated or provided by the Commonwealth or by a
carrier.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
81 Section 76E
Omit “or lawful excuse”.
82 At the end of
section 76E
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the facility is operated or provided by the Commonwealth or by a
carrier.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
83 Subsection 78(1)
Omit “for a purpose intended to be prejudicial to”, substitute
“with the intention of prejudicing”.
84 Paragraph 78(2)(a)
Omit “show a purpose intended to be prejudicial to”, substitute
“show an intention to prejudice”.
85 Paragraph 78(2)(a)
Omit “purpose was a purpose intended to be prejudicial to”,
substitute “intention was to prejudice”.
86 Paragraph 78(2)(b)
Omit “for a purpose intended to be prejudicial to”, substitute
“with the intention of prejudicing”.
87 Paragraph 78(3)(a)
Omit “purpose of the defendant was a purpose intended to be
prejudicial to”, substitute “defendant intended to
prejudice”.
88 Subsection 78(4)
Omit “purpose of the defendant was a purpose intended to be
prejudicial to”, substitute “defendant intended to
prejudice”.
89 Subsection 79(2)
Omit “for a purpose intended to be prejudicial to”, substitute
“with the intention of prejudicing”.
90 Subsection 79(7)
Omit “show a purpose intended to be prejudicial to”, substitute
“show an intention to prejudice”.
91 Subsection 79(7)
Omit “purpose was a purpose intended to be prejudicial to”,
substitute “intention was to prejudice”.
92 Paragraph 79(8)(a)
Omit “purpose of the defendant was a purpose intended to be
prejudicial to”, substitute “defendant intended to
prejudice”.
93 Subsection 79(9)
Omit “purpose of the defendant was a purpose intended to be
prejudicial to”, substitute “defendant intended to
prejudice”.
94 Paragraphs 81(1)(a) and
(b)
Omit “knowingly”, substitute
“intentionally”.
95 Paragraph 83(1)(c)
Omit “knowingly”, substitute
“intentionally”.
96 Subsection 83A(1)
Omit “for the purpose”, substitute “with the
intention”.
97 Paragraph 83A(1)(a)
Omit “, without lawful authority,”.
98 Paragraphs 83A(1)(b) and
(c)
Omit “knowingly”.
99 Paragraph 83A(1)(e)
Omit “without lawful authority or excuse,”.
100 Subsection 83A(2)
Omit “, without lawful authority or excuse”.
101 Subsections 85G(3), (4) and
(5)
Omit “, without lawful authority or excuse,”.
102 After subsection 85G(5)
Insert:
(5A) Subsections (3), (4) and (5) do not apply if the person has a
reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (5A) (see subsection 13.3(3) of the Criminal
Code).
103 Paragraph 85G(6)(a)
Omit “off;”, substitute “off; or”.
104 Paragraph 85G(6)(b)
Repeal the paragraph.
105 Paragraph 85G(6)(c)
Omit “it;”, substitute “it; or”.
106 Paragraph 85G(6)(d)
Repeal the paragraph.
107 Section 85H
Omit “, without lawful authority or excuse”.
108 Paragraphs 85H(a), (b) and
(c)
Omit “knowingly or recklessly”, substitute
“intentionally”.
109 At the end of
section 85H
Add:
(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).
110 Section 85N
Omit “knowingly or recklessly”, substitute
“intentionally”.
111 Paragraph 85Q(3)(a)
Omit “off;”, substitute “off; or”.
112 Paragraph 85Q(3)(b)
Repeal the paragraph.
113 Paragraph 85Q(3)(c)
Omit “it;”, substitute “it; or”.
114 Paragraph 85Q(3)(d)
Repeal the paragraph.
115 Section 85R
Omit “knowingly or recklessly”, substitute
“intentionally”.
116 Subsection 85S(1)
Repeal the subsection, substitute:
(1) A person must not intentionally use a postal or carriage service
supplied by Australia Post:
(a) with the result that another person is menaced or harassed;
or
(b) in such a way as would be regarded by reasonable persons as being, in
all the circumstances, offensive.
Penalty: Imprisonment for 1 year.
(1A) For the purposes of an offence against paragraph (1)(a) or (b),
absolute liability applies to the physical element of circumstance of the
offence, that the postal or carriage service is supplied by Australia
Post.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
117 Paragraphs 85T(b) and
(d)
Omit “knowingly or recklessly”, substitute
“intentionally”.
118 Section 85U
Omit “knowingly or recklessly”, substitute
“intentionally”.
119 Subsection 85V(1)
Omit “knowingly or recklessly”, substitute
“intentionally”.
120 After subsection 85V(1)
Insert:
(1A) For the purposes of an offence against subsection (1), absolute
liability applies to whichever one of the following physical elements of
circumstance is relevant to the offence:
(a) that the post-box, or stamp vending machine, is erected by Australia
Post;
(b) that the property belongs to Australia Post.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
121 Subsection 85V(2)
Omit “knowingly or recklessly”, substitute
“intentionally”.
122 At the end of
section 85V
Add:
(3) For the purposes of an offence against subsection (2), absolute
liability applies to the physical element of circumstance of the offence, that
the notice, writing or other marking is on or attached to property belonging to
Australia Post.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
123 Subsection 85W(1)
Omit “, without lawful authority or excuse, knowingly or
recklessly”, substitute “intentionally”.
124 Subsections 85X(2) and
(3)
Omit “knowingly or recklessly”, substitute
“intentionally”.
125 After subsection 85X(3)
Insert:
(3A) For the purposes of an offence against subsection (3), strict
liability applies to the physical element of circumstance of the offence, that
the carriage of the article by post is otherwise than in accordance with the
terms and conditions mentioned in paragraph (1)(b).
Note: For strict liability, see
section 6.1 of the Criminal Code.
126 Subsection 85X(4)
Omit “knowingly or recklessly”, substitute
“intentionally”.
127 At the end of
section 85X
Add:
(6) For the purposes of an offence against subsection (4), strict
liability applies to the physical element of circumstance of the offence, that
the carriage of the article by post is otherwise than in accordance with the
requirements mentioned in subsection (5).
Note: For strict liability, see
section 6.1 of the Criminal Code.
128 Section 85ZD
Omit “knowingly or recklessly”, substitute
“intentionally”.
129 Subsection 85ZE(1)
Repeal the subsection, substitute:
(1) A person must not intentionally use a carriage service supplied by a
carrier:
(a) with the result that another person is menaced or harassed;
or
(b) in such a way as would be regarded by reasonable persons as being, in
all the circumstances, offensive.
Penalty: Imprisonment for 1 year.
(1A) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the carriage service is supplied by a carrier.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
130 Subsection 85ZG(1)
Omit “knowingly or recklessly”, substitute
“intentionally”.
131 Subsection 85ZG(1)
Omit “in such a way as to hinder”, substitute “, with the
result of hindering”.
132 At the end of subsection
85ZG(1)
Add:
Penalty: Imprisonment for 2 years.
133 After subsection
85ZG(1)
Insert:
(1A) For the purposes of an offence against subsection (1), absolute
liability applies to the following physical elements of circumstance of the
offence:
(a) that the facility is operated by a carrier;
(b) that the carriage service is supplied by the carrier.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
134 Subsection 85ZG(2)
Omit “knowingly or recklessly”, substitute
“intentionally”.
135 Subsection 85ZG(2)
Omit “in such a way as to hinder”, substitute “, with the
result of hindering”.
136 At the end of
section 85ZG
Add:
(3) For the purposes of an offence against subsection (2), absolute
liability applies to the physical element of circumstance of the offence, that
the carriage service is supplied by a carrier.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
137 Section 85ZH
Omit “, without lawful authority or excuse, knowingly or
recklessly”, substitute “intentionally”.
138 At the end of
section 85ZH
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the satellite is operated by a carrier.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
139 Section 85ZJ
Omit “knowingly or recklessly”, substitute
“intentionally”.
140 At the end of
section 85ZJ
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the facility belongs to a carrier.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
141 After subsection
85ZK(1)
Insert:
(1A) In a prosecution for an offence against subsection (1), it is
not necessary to prove that the defendant knew that the offence mentioned in
paragraph (1)(a) or (b) would be against a law of the Commonwealth or of a
State or Territory.
142 At the end of subsection
85ZK(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
143 At the end of subsection
85ZKA(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
144 Section 90B
Omit “knowingly makes a false statement”, substitute
“intentionally makes a statement that the person knows is
false”.
1 Section 9
Repeal the section, substitute:
For the purposes of Division 1 of Part 2, a person
hijacks an aircraft if, while on board the aircraft, the person
seizes, or exercises control of, the aircraft by force or threat of force, or by
any other form of intimidation.
2 Section 10
Repeal the section, substitute:
(1) For the purposes of Division 4 of Part 2, a person commits
an unlawful act if he or she:
(a) commits an act of violence against anyone on board an aircraft in
flight, being an act likely to endanger the safety of the aircraft; or
(b) destroys an aircraft in service, or causes damage to such an aircraft
which renders it incapable of flight or which is likely to endanger its safety
in flight.
(2) For the purposes of Division 4 of Part 2, a person commits
an unlawful act if he or she does any of the following:
(a) places, or causes to be placed, on an aircraft in service a substance
or thing that is likely to destroy the aircraft;
(b) places, or causes to be placed, on an aircraft in service a substance
or thing that is likely to cause damage to the aircraft which renders it
incapable of flight or which is likely to endanger its safety in
flight;
(c) destroys or damages any navigation facilities or interferes with their
operation, being destruction, damage or interference that is likely to endanger
the safety of an aircraft in flight;
(d) communicates information which he or she knows to be false, thereby
endangering the safety of an aircraft in flight.
3 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.
4 After subsection 13(2)
Insert:
(2A) Absolute liability applies to paragraphs (1)(a), (b), (c) and
(d) and paragraphs (2)(a), (b) and (c).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
5 After subsection 14(1)
Insert:
(1A) Absolute liability applies to paragraphs (1)(b), (c), (d), (e),
(f) and (g).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
6 After subsection 15(1)
Insert:
(1A) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the aircraft is a Division 2 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(1B) Absolute liability applies to paragraph (1)(b).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
7 Subsections 16(1), (2) and
(3)
Omit “, without lawful excuse, takes or exercises control (whether
directly or through an accomplice)”, substitute “takes or exercises
control”.
8 At the end of
section 16
Add:
(4) For the purposes of an offence against subsection (1), (2) or
(3), absolute liability applies to the physical element of circumstance of the
offence, that the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
9 Section 17
Omit “, without lawful excuse, wilfully”, substitute
“intentionally”.
10 At the end of
section 17
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
11 Section 18
Omit “with reckless indifference to”, substitute
“reckless as to”.
12 At the end of
section 18
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
13 At the end of
section 19
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
14 Paragraph 20(b)
Omit “with reckless indifference to”, substitute
“reckless as to”.
15 At the end of
section 20
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
16 Section 21
Omit “so as to”, substitute “in a manner that results
in”.
17 Paragraph 21(a)
Omit “interfere”, substitute “an
interference”.
18 Paragraph 21(b)
Omit “lessen”, substitute “a lessening
of”.
19 At the end of
section 21
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
20 Section 22
Repeal the section, substitute:
(1) A person who, while on board a Division 3 aircraft, does an act,
reckless as to whether the act will endanger the safety of the aircraft, is
guilty of an offence.
Penalty: Imprisonment for 7 years.
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
21 Paragraph 23(1)(b)
Omit “for the purpose”, substitute “with the
intention”.
22 At the end of
section 23
Add:
(3) For the purposes of an offence against paragraph (1)(a), (b) or
(c), absolute liability applies to the physical element of circumstance of the
offence, that the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
23 At the end of
section 24
Add:
(3) For the purposes of an offence against subsection (1) or (2),
absolute liability applies to the physical element of circumstance of the
offence, that the aircraft is a Division 3 aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
24 After subsection 25(2)
Insert:
(2A) Absolute liability applies to paragraphs (1)(a), (b) and (c),
and (2)(a), (b), (c) and (d).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
25 Subsections 26(1) and
(2)
Repeal the subsections, substitute:
(1) A person is guilty of an offence if:
(a) the person uses a substance or thing to commit an act of violence
against anyone at a prescribed airport; and
(b) that act:
(i) causes or is likely to cause serious injury or death; and
(ii) endangers, or is likely to endanger, the safe operation of the
airport or the safety of anyone at the airport; and
(c) the Montreal Convention, when read together with the Protocol,
requires Australia to make the act punishable; and
(d) Article 5 of that Convention, when so read, requires Australia to
establish its jurisdiction over the offence.
Penalty: Imprisonment for 15 years.
(2) A person is guilty of an offence if:
(a) the person does any of the following things:
(i) destroys or seriously damages the facilities of a prescribed
airport;
(ii) destroys or seriously damages any aircraft not in service that is at
a prescribed airport;
(iii) disrupts the services of a prescribed airport; and
(b) doing so endangers, or is likely to endanger, the safe operation of
the airport or the safety of anyone at the airport; and
(c) either of the following applies:
(i) the Montreal Convention, when read together with the Protocol,
requires Australia to make the act concerned punishable;
(ii) if the act concerned relates to an aircraft—the aircraft is in
Australia, or is a Commonwealth aircraft or a defence aircraft, or the act is
committed by an Australian citizen, whether in Australia or not.
Penalty: Imprisonment for 10 years.
(2A) For the purposes of an offence against subsection (1) or (2),
absolute liability applies to the physical element of circumstance of the
offence, that the airport is a prescribed airport.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(2B) Absolute liability applies to paragraphs (1)(c) and (d) and
paragraph (2)(c).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
26 Subsection 26(3)
Omit “paragraph (2)(d)”, substitute
“subparagraph (2)(c)(i)”.
27 Section 27
Omit “anything that he or she knows is likely to”, substitute
“an act, reckless as to whether the act will”.
28 At the end of
section 27
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to whichever one of the following physical elements of
circumstance is relevant to the offence:
(a) that the aerodrome is a Commonwealth aerodrome;
(b) that the air navigation facilities are Commonwealth air navigation
facilities.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
29 At the end of subsection
28(1)
Add:
Penalty: Imprisonment for 2 years.
30 At the end of
section 28
Add:
(3) For the purposes of an offence against subsection (1) or (2),
absolute liability applies to whichever one of the following physical elements
of circumstance is relevant to the offence:
(a) that the aerodrome is a Commonwealth aerodrome;
(b) that the air navigation facilities are Commonwealth air navigation
facilities.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
1 After section 6
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Subsection 10(1)
Repeal the subsection, substitute:
(1) Subject to subsection (2), all offences against this Act
(including offences that are taken to have been committed because of
section 11.2 of the Criminal Code), or against section 11.1 or
11.4 of the Criminal Code in relation to this Act, are indictable
offences and are not triable summarily.
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.
2 Subsection 8(1)
Omit “, without reasonable excuse,”.
3 After subsection 8(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).
4 Subsection 9(1)
Omit “, without lawful authority or reasonable
excuse”.
5 After subsection 9(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).
6 Subsection 11(1)
Omit “, without reasonable excuse”.
7 At the end of subsection
11(1)
Add:
Penalty:
(a) in the case of a person other than a body corporate—imprisonment
for 10 years; or
(b) in the case of a body corporate—500 penalty units.
8 Subsection 11(2)
Omit “, without reasonable excuse”.
9 At the end of
section 11
Add:
(3) 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 (3) (see subsection 13.3(3) of the Criminal
Code).
10 Section 13
Omit “, without lawful authority or reasonable excuse,
knowingly”, substitute “intentionally”.
11 At the end of
section 13
Add:
(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).
12 Section 14
Omit “, without reasonable excuse,”.
13 At the end of
section 14
Add:
(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).
14 Section 15
Omit “, without reasonable excuse,”.
15 At the end of
section 15
Add:
(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).
16 Section 16
Omit “wilfully”, substitute
“intentionally”.
17 Subsection 21(1)
Omit “, without reasonable excuse,”.
18 Subsection 21(1)
Omit “the purpose of”.
19 After subsection 21(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).
20 Subsection 21(2)
Omit “the purpose of”.
21 Subsection 21(3)
Omit “, without reasonable excuse,”.
22 Subsection 21(3)
Omit “the purpose of”.
23 After subsection 21(3)
Insert:
(3A) 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 (3A) (see subsection 13.3(3) of the Criminal
Code).
24 Subsection 21(4)
Omit “for the purpose”, substitute “with the
intention”.
25 Section 22
Omit “section 6, 7 or 7A of the Crimes Act 1914”,
substitute “section 6 of the Crimes Act 1914 or
section 11.1 or 11.4 of the Criminal Code”.
26 Subparagraphs 29(1)(b)(ii) and
(c)(ii)
Omit “knowingly”, substitute
“intentionally”.
1 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.
2 Subsection 6(3)
Omit “for the purpose”, substitute “with the
intention”.
Note: The heading to section 6 is amended by omitting
“for purpose” and substituting “with
intention”.
3 Paragraph 7(1)(b)
Omit “for the purpose of the commission of”, substitute
“with the intention of committing”.
4 Paragraph 7(1)(c)
Omit “for the purpose”, substitute “with the
intention”.
5 Paragraph 7(1)(d)
Omit “for the purpose of the commission of”, substitute
“with the intention of committing”.
6 Paragraphs 7(1)(e) and
(f)
Omit “for the purpose”, substitute “with the
intention”.
7 Paragraph 7(1)(g)
Omit “knowingly permit a meeting or assembly of persons to be held in
the building, room, premises or place for the purpose”, substitute
“intentionally permit a meeting or assembly of persons to be held in the
building, room, premises or place with the intention”.
8 Paragraph 7(1)(h)
Omit “knowingly permit the vessel or aircraft to be used for the
purpose”, substitute “intentionally permit the vessel or aircraft to
be used with the intention”.
9 Paragraph 9(1)(b)
After “advertisement”, insert “, reckless as to whether
the advertisement is”.
10 Paragraph 9(1)(d)
Omit “for the purpose”, substitute “with the
intention”.
11 Paragraph 9A(3)(a)
Omit “or 7”.
12 Paragraph 9A(3)(b)
Repeal the paragraph, substitute:
(b) an ancillary offence (within the meaning of the Criminal
Code);
13 Subsection 10(4)
Repeal the subsection, substitute:
(4) A reference in this section to an offence against this Act includes a
reference to an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code, being an offence
that relates to an offence against this Act.
14 Subsection 11(4)
Repeal the subsection, substitute:
(4) A reference in this section to an offence against this Act includes a
reference to an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code, being an offence
that relates to an offence against this Act.
1 Subsection 3(1) (paragraph (b) of the
definition of offence against this Act)
Repeal the paragraph, substitute:
(b) an offence against section 11.1 or 11.5 of the Criminal
Code, being an offence that relates to an offence referred to in
paragraph (a).
2 Subsection 3(3)
Omit “sections 6 and 7A of the Crimes Act 1914”,
substitute “section 6 of the Crimes Act 1914 and
section 11.4 of the Criminal Code”.
3 After section 6
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
4 Section 7
Omit “in order to compel”, substitute “with the intention
of compelling”.
1 After section 6
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 After subsection 8(4)
Insert:
(4A) For the purposes of an offence against subsection (1), (2), (3),
(3A), (3B), (3C) or (4), absolute liability applies to such of the following
physical elements of circumstance as are relevant to the offence:
(a) that the person who is murdered or kidnapped, or whose person or
liberty is otherwise attacked, is an internationally protected person;
(b) that the premises or property are official premises, private
accommodation or means of transport of an internationally protected
person;
(c) that the premises or property are premises or property in or upon
which an internationally protected person is present, or is likely to be
present;
(d) that the person whose life is intended to be endangered by destruction
or damage is an internationally protected person.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
3 Subsection 8(5)
Omit “5 or 7 of the Crimes Act 1914-1975”, substitute
“11.1 or 11.2 of the Criminal Code”.
4 Subsection 8(6)
Omit “section 7 of the Crimes Act 1914”, substitute
“section 11.1 of the Criminal Code”.
1 Subsection 3(1)
Insert:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
2 After section 5
Insert:
(1) Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(2) Section 10.5 of the Criminal Code applies to an offence
against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if
it covered conduct that is justified or excused by a law of the Commonwealth or
of a State or Territory.
(3) Sections 11.1 and 11.2 of the Criminal Code do not apply
in relation to offences against sections 17 and 28.
3 Subsection 6(1)
Omit “subsection (2)”, substitute “subsection
5A(3)”.
4 Subsection 6(2)
Repeal the subsection.
5 Section 8
Omit “, without lawful excuse,”.
6 Subsection 10(1)
Repeal the subsection, substitute:
(1) A person must not engage in conduct that causes the destruction of a
private ship.
Penalty: Life imprisonment.
7 Subsection 10(2)
Omit “cause damage to a private ship or its cargo knowing that
it”, substitute “engage in conduct that causes damage to a private
ship or its cargo, knowing that such damage”.
8 Subsection 11(1)
Omit “, without lawful excuse,”.
9 Section 12
Repeal the section, substitute:
A person must not engage in conduct that causes:
(a) the destruction of maritime navigational facilities; or
(b) serious damage to such facilities; or
(c) serious interference with the operation of such facilities;
if the destruction, damage or interference is likely to endanger the safe
navigation of a private ship.
Penalty: 15 years imprisonment.
10 Section 13
Repeal the section, substitute:
A person must not communicate false information knowing that the
communication will endanger the safe navigation of a private ship.
Penalty: 15 years imprisonment.
11 Section 14
Omit “who kills a”, substitute “who engages in conduct
that causes the death of another”.
12 Section 15
Omit “who causes grievous bodily harm to a”, substitute
“who engages in conduct that causes grievous bodily harm to
another”.
13 Section 16
Omit “who injures a”, substitute “who engages in conduct
that causes injury to another”.
14 Subsection 18(5) (definition of offence
against this Division)
Omit “arising under section 5 of the Crimes Act 1914
(aiders and abettors) or section 7 of that Act (attempts) in relation
to”, substitute “created by section 11.1 or 11.2 of the
Criminal Code that relates to”.
15 Subsection 20(5)
Omit “, without reasonable excuse,”.
16 After subsection 20(5)
Insert:
(5A) Subsection (5) does not apply if the ship’s master has a
reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (5A) (see subsection 13.3(3) of the Criminal
Code).
17 Subsection 20(6) (definition of offence
against Division 1)
Omit “arising under section 5 of the Crimes Act 1914
(aiders and abettors) or section 7 of that Act (attempts) in relation
to”, substitute “created by section 11.1 or 11.2 of the
Criminal Code that relates to”.
18 Section 21
Omit “, without lawful excuse,”.
19 Section 23
Omit “, without lawful excuse, destroy a fixed platform or cause
damage to a fixed platform knowing that it is”, substitute “engage
in conduct that causes the destruction of, or damage to, a fixed platform
knowing that the destruction or damage is”.
20 Section 24
Omit “, without lawful excuse,”.
21 Section 25
Omit “who kills a”, substitute “who engages in conduct
that causes the death of another”.
22 Section 26
Omit “who causes grievous bodily harm”, substitute “who
engages in conduct that causes grievous bodily harm to another
person”.
23 Section 27
Omit “who injures a”, substitute “who engages in conduct
that causes injury to another”.
24 Subsection 29(5) (definition of offence
against this Part)
Omit “arising under section 5 of the Crimes Act 1914
(aiders and abettors) or section 7 of that Act (attempts) in relation
to”, substitute “created by section 11.1 or 11.2 of the
Criminal Code that relates to”.
25 Paragraph 30(1)(b)
Omit “arising under section 5 or 7 of the Crimes Act
1914”, substitute “created by section 11.1 or 11.2 of the
Criminal Code”.
26 Paragraph 31(b)
Omit “arising under section 5 or 7 of the Crimes Act
1914”, substitute “created by section 11.1 or 11.2 of the
Criminal Code”.
1 After section 12
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.
2 Subsection 35(1)
Omit “knowingly”, substitute
“intentionally”.
1 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.
2 After subsection 6(1)
Insert:
(1A) For the purposes of an offence against subsection (1), absolute
liability applies to the following physical elements of circumstance of the
offence:
(a) that the act of torture is done outside Australia;
(b) that the act of torture, if done by the person at the relevant time in
a part of Australia, would constitute an offence against the law then in force
in that part of Australia.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
1 Section 3
Insert:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
2 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.
3 Paragraphs 6(1)(a), (d), (e) and
(f)
Omit “for the purpose”, substitute “with the
intention”.
4 At the end of
section 9
Add:
(2) For the purposes of an offence against this section, absolute
liability applies to the following physical elements of circumstance of the
offence:
(a) that the possession is in Australia;
(b) that the substance possessed is listed in Table I or II in the Annex
to the Convention;
(c) that the dealing in drugs in which, or for which, the substance,
equipment or materials are being used or are to be used is a dealing in drugs
described in paragraphs (1)(a) and (b).
Note: For absolute liability see
section 6.2 of the Criminal Code.
5 At the end of
section 10
Add:
(3) For the purposes of an offence against this section, absolute
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that the conduct is engaged in on board an Australian aircraft in
flight, whether in or outside Australia;
(b) that the conduct would constitute an offence against a law in force in
a State or Territory if it were engaged in by the person in that State or
Territory;
(c) if paragraph 6(1)(f) applies—that the importation is into
Australia, or the exportation is from Australia;
(d) if paragraph 6(1)(fa) or (g) applies—that the substance is
listed in Table I or II in the Annex to the Convention.
Note: For absolute liability see
section 6.2 of the Criminal Code.
6 At the end of
section 11
Add:
(2) For the purposes of an offence against this section, absolute
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that the conduct is engaged in on board an Australian ship at
sea;
(b) that the conduct if engaged in by the person in a State or Territory
would constitute an offence against a law of the Commonwealth;
(c) if paragraph 6(1)(f) applies—that the importation is into
Australia, or the exportation is from Australia;
(d) if paragraph 6(1)(fa) or (g) applies—that the substance is
listed in Table I or II in the Annex to the Convention.
Note: For absolute liability see
section 6.2 of the Criminal Code.
7 At the end of
section 12
Add:
(3) For the purposes of an offence against this section, absolute
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that the conduct is engaged in outside Australia;
(b) that the conduct constitutes an offence against the law of a foreign
country;
(c) that the conduct would constitute an offence against a law in force in
a State or Territory if it were engaged in by the person in that State or
Territory;
(d) if paragraph 6(1)(f) applies—that the importation is into
Australia, or the exportation is from Australia;
(e) if paragraph 6(1)(fa) or (g) applies—that the substance is
listed in Table I or II in the Annex to the Convention.
Note: For absolute liability see
section 6.2 of the Criminal Code.
8 At the end of
section 13
Add:
(2) For the purposes of an offence against this section, absolute
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that the conduct is engaged in outside Australia;
(b) that the view to the carrying out of a dealing in drugs with which the
conduct is engaged in, is a view to the carrying out of such a
dealing:
(i) in Australia; or
(ii) on board an Australian aircraft in flight outside Australia;
or
(iii) on board an Australian ship at sea;
(c) that the carrying out of the dealing in drugs referred to in
paragraph (b) constitutes an offence against a law of the Commonwealth, of
a State or of a Territory;
(d) if paragraph 6(1)(f) applies—that the importation is into
Australia, or the exportation is from Australia;
(e) if paragraph 6(1)(fa) or (g) applies—that the substance is
listed in Table I or II in the Annex to the Convention.
Note: For absolute liability see
section 6.2 of the Criminal Code.
9 At the end of
section 14
Add:
(2) For the purposes of an offence against this section, absolute
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that the conduct is engaged in outside Australia;
(b) that the dealing in drugs is carried out, or is to be carried out, in
a State or Territory;
(c) that the carrying out of the dealing in drugs constitutes an offence
against a law of that State or Territory;
(d) if paragraph 6(1)(f) applies—that the importation is into
Australia, or the exportation is from Australia;
(e) if paragraph 6(1)(fa) or (g) applies—that the substance is
listed in Table I or II in the Annex to the Convention.
Note: For absolute liability see
section 6.2 of the Criminal Code.
10 Paragraph 15(6)(a)
Omit “for the purpose” (wherever occurring), substitute
“with the intention”.
11 Section 15A
Omit “for the purpose”, substitute “with the
intention”.
12 At the end of
section 15A
Add:
(2) For the purposes of an offence against this section, absolute
liability applies to the physical element of circumstance of the offence, that
the conversion or transfer of property takes place in:
(a) a State other than a prescribed State; or
(b) a Territory other than a prescribed Territory.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
Note: The heading to section 15A is altered by omitting
“Knowingly converting” and substituting
“Intentionally converting”.
13 At the end of
section 15B
Add:
(2) For the purposes of an offence against this section, absolute
liability applies to the physical element of circumstance of the offence, that
the concealing or disguising takes place in:
(a) a State other than a prescribed State; or
(b) a Territory other than a prescribed Territory.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
Note: The heading to section 15B is altered by omitting
“Knowingly concealing” and substituting
“Intentionally concealing”.
14 At the end of
section 15C
Add:
(2) For the purposes of an offence against this section, absolute
liability applies to the physical element of circumstance of the offence, that
the acquisition, possession or use is in:
(a) a State other than a prescribed State; or
(b) a Territory other than a prescribed Territory.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
Note: The heading to section 15C is altered by omitting
“Knowingly acquiring” and substituting
“Intentionally acquiring”.
15 Section 17
Omit “for the purpose” (wherever occurring), substitute
“with the intention”.
1 Subsection 4(1) (subparagraphs (b)(i) and
(ii) of the definition of Records offence)
Repeal the subparagraphs, substitute:
(i) section 6 of the Crimes Act 1914; or
2 Subsection 4(1) (after paragraph (b) of
the definition of Records offence)
Insert:
(ba) an ancillary offence (within the meaning of the Criminal Code)
that relates to an offence of the kind referred to in paragraph (a) of this
definition; or
3 At the end of Part I
Add:
(1) Subject to subsection (2), Chapter 2 of the Criminal
Code applies to an offence against this Act.
(2) For the purposes of a Customs prosecution:
(a) Parts 2.1, 2.2 and 2.3 of the Criminal Code apply;
and
(b) Parts 2.4, 2.5 and 2.6 of the Criminal Code do not apply;
and
(c) a reference to criminal responsibility in Chapter 2 of the
Criminal Code is taken to be a reference to responsibility.
(3) This section is not to be interpreted as affecting in any way the
nature of any offence under this Act, the nature of any prosecution or
proceeding in relation to any such offence, or the way in which any such offence
is prosecuted, heard or otherwise dealt with.
(4) Without limiting the scope of subsection (3), this section is not
to be interpreted as affecting in any way the standard or burden of proof for
any offence under this Act that is the subject of a Customs
prosecution.
(5) In this section:
Customs prosecution has the meaning given in
section 244.
4 Subsection 5A(1)
Omit “, without the permission of the CEO given under
subsection (2),”.
5 After subsection 5A(1)
Insert:
(1A) Subsection (1) does not apply if the person has the permission
of the CEO given under subsection (2).
6 Subsection 5B(1)
Omit “, without the permission of the CEO given under
subsection (2),”.
7 After subsection 5B(1)
Insert:
(1A) Subsection (1) does not apply if the person has the permission
of the CEO given under subsection (2).
8 Subsection 20(7)
Omit “, without reasonable excuse,”.
9 After subsection 20(7)
Insert:
(7A) Subsection (7) does not apply if the person has a reasonable
excuse.
10 Subsection 33A(1)
Omit “Except with permission in force under subsection (2),
a”, substitute “A”.
11 After subsection 33A(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1B) Subsection (1) does not apply if the person has permission in
force under subsection (2).
12 Subsection 33B(1)
Omit “Except with permission in force under subsection (2),
a”, substitute “A”.
13 After subsection 33B(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1B) Subsection (1) does not apply if the person has permission in
force under subsection (2).
14 Subsection 50(4)
Repeal the subsection, substitute:
(4) A person is guilty of an offence if:
(a) a licence or permission has been granted, on or after 16 October
1963, under the regulations; and
(b) the licence or permission relates to goods that are not narcotic
goods; and
(c) the licence or permission is subject to a condition or requirement to
be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or
requirement.
Penalty: 100 penalty units.
(5) Subsection (4) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(6) Absolute liability applies to paragraph (4)(a), despite
subsection (5).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(7) A person is guilty of an offence if:
(a) a licence or permission has been granted, on or after 16 October
1963, under the regulations; and
(b) the licence or permission relates to goods that are narcotic goods;
and
(c) the licence or permission is subject to a condition or requirement to
be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or
requirement.
(8) A person who is convicted of an offence against subsection (7) is
punishable as provided by section 235.
(9) Absolute liability applies to paragraph (7)(a).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(10) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
15 Subsection 58(1)
Omit “, without the permission of a Collector given under
subsection (2),”.
16 After subsection 58(1)
Insert:
(1A) Subsection (1) does not apply if the master or pilot has the
permission of a Collector given under subsection (2).
17 After subsection 58A(5)
Insert:
(5A) Subsections (2), (3), (4) and (5) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
18 After subsection 58B(5)
Insert:
(5A) Subsections (2), (3), (4) and (5) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
19 After subsection 60(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
20 After subsection 60(2)
Insert:
(2A) For the purposes of an offence against subsection (2), strict
liability applies to the physical element of circumstance of the offence, that
an airport for which a boarding station is appointed and at which the aircraft
did not first land:
(a) is nearest to the place at which the aircraft entered Australia;
or
(b) is one that has been approved by the CEO, in writing, as an airport at
which that aircraft, or a class of aircraft in which that aircraft is included,
may land on arriving in Australia from a place outside Australia.
Note: For strict liability, see
section 6.1 of the Criminal Code.
21 Subsection 60(4)
Omit “either of the last two preceding subsections”, substitute
“subsection (2) or (3)”.
22 At the end of
section 61
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
23 At the end of
section 62
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
24 Section 63
Omit “except by authority or by direction of the harbour or aerial
authority”.
25 At the end of
section 63
Add:
(2) Subsection (1) does not apply if the removal is by authority or
by direction of the harbour or aerial authority.
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
26 After subsection 64AE(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
27 After subsection 64AE(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
28 After subsection 64A(3)
Insert:
(3A) Subsections (1), (2) and (3) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
29 At the end of
section 65
Add:
(3) Subsections (1) and (2) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
30 Section 67
Omit “except by authority”.
31 At the end of
section 67
Add:
(2) Subsection (1) does not apply to a person who moves, alters or
interferes with the goods by authority.
Note: For by authority, see subsection
4(1).
32 After subsection 70(7)
Insert:
(7A) Subsection (7) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
33 Subsection 71E(3A)
Omit “, without reasonable excuse,”.
34 After subsection 71E(3A)
Insert:
(3AA) Subsection (3A) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3AB) Subsection (3A) does not apply if the person has a reasonable
excuse.
35 Subsections 73(1) and
(2)
Omit “subsection (3), except with the permission of a
Collector,”, substitute “subsections (2B) and
(3),”.
36 After subsection 73(2)
Insert:
(2A) Subsections (1) and (2) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(2B) Subsections (1) and (2) do not apply if the person has the
permission of a Collector.
37 Subsection 86(6)
Omit “for”, substitute “with the intention
of”.
38 At the end of
section 87
Add:
(8) Subsection (7) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
39 After subsection 90(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
40 After subsection 96A(11)
Insert:
(11A) Subsection (11) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
41 After subsection 96B(11)
Insert:
(11A) Subsection (11) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
42 At the end of
section 100
Add:
(3) Subsection (2) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
43 At the end of
section 101
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
44 At the end of subsection
102(1)
Add:
Penalty: 10 penalty units.
45 Section 102
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
46 At the end of
section 102
Add:
(3) Subsections (1) and (2) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
47 Subsection 112(2B)
Repeal the subsection, substitute:
(2B) A person is guilty of an offence if:
(a) a licence or permission has been granted, on or after 10 November
1977, under the regulations; and
(b) the licence or permission relates to goods that are not narcotic
goods; and
(c) the licence or permission is subject to a condition or requirement to
be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or
requirement.
Penalty: 100 penalty units.
(2BA) Subsection (2B) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(2BB) Absolute liability applies to paragraph (2B)(a), despite
subsection (2BA).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(2BC) A person is guilty of an offence if:
(a) a licence or permission has been granted, on or after 10 November
1977, under the regulations; and
(b) the licence or permission relates to goods that are narcotic goods;
and
(c) the licence or permission is subject to a condition or requirement to
be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or
requirement.
(2BD) A person who is convicted of an offence against
subsection (2BC) is punishable as provided by section 235.
(2BE) Absolute liability applies to paragraph (2BC)(a).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
48 At the end of
section 112
Add:
(4) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
49 Subsection 114B(7)
Omit “, without reasonable excuse,”.
50 After subsection 114B(7)
Insert:
(7A) Subsection (7) does not apply if the person has a reasonable
excuse.
(7B) Subsection (7) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
51 At the end of
section 123
Add:
(3) Subsections (1) and (2) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
52 At the end of
section 124
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
53 Section 125
Omit “without the permission of the Collector”.
54 At the end of
section 125
Add:
(2) Subsection (1) does not apply if the goods are unshipped or
landed with the permission of the Collector.
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
55 Section 126C
Omit “without the written permission of the CEO”.
56 At the end of
section 126C
Add:
(2) 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 CEO has given written
permission for the export of the goods in that way.
57 Paragraph 127(a)
Omit “without the consent of the Collector”.
58 Paragraph 127(b)
Omit “, except with the consent of the Collector,”.
59 At the end of
section 127
Add:
(2) 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 Collector has consented to
the unshipping, unloading or use.
60 After subsection 129(3)
Insert:
(3A) Subsection (3) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
61 After subsection 130B(3)
Insert:
(3A) Subsection (3) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
62 After subsection
164AC(14)
Insert:
(14A) Subsection (14) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
63 Subsections 175(2) and
(3)
Omit “Except with the permission of a Collector or for the purpose of
securing the safety of a ship or an aircraft or saving life, the”,
substitute “The”.
64 Subsections 175(3A) and
(3B)
Omit “Except with the permission of a Collector or for the purpose of
securing the safety of a ship or an aircraft or saving life, a”,
substitute “A”.
65 After subsection 175(3B)
Insert:
(3BA) For the purposes of subsections (2), (3), (3A) and (3B), strict
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that an aircraft is engaged in making an international flight or a
prescribed flight; or
(b) that a ship is engaged in making an international voyage or a
prescribed voyage.
66 Subsection 175(3C)
Omit “For the purposes of this section, a reference to the permission
of a Collector in subsection (2), (3), (3A) or (3B) is a reference to a
permission of the Collector given”, substitute “Subsection (2),
(3), (3A) or (3B) does not apply if a Collector has given permission (for the
transfer of the goods)”.
67 Subsection 175(4)
Omit “(2), (3), (3A) or (3B)”, substitute
“(3C)”.
68 At the end of
section 175
Add:
(8) Subsection (7) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(9) Subsection (2), (3), (3A) or (3B) does not apply to allowing a
transfer of goods for the purpose of securing the safety of a ship or an
aircraft or saving life.
69 At the end of
section 181
Add:
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
70 Paragraph 183P(a)
Omit “without reasonable cause”.
71 Paragraph 183P(c)
Omit “without reasonable cause,”.
72 At the end of
section 183P
Add:
(2) Paragraphs (1)(a) and (c) do not apply if the person has
reasonable cause for the failure or refusal.
73 Subsection 184A(12)
Omit “unless he or she has a reasonable excuse”.
74 At the end of
section 184A
Add:
(13) Subsection (12) does not apply if the master has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (13) (see subsection 13.3(3) of the Criminal
Code).
75 Subsection 184D(6)
Omit “unless he or she has a reasonable excuse”.
76 After subsection 184D(6)
Insert:
(6A) Subsection (6) does not apply if the pilot of the other aircraft
has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6A) (see subsection 13.3(3) of the Criminal
Code).
77 Subsection 185(4)
Omit “, without reasonable excuse,”.
78 After subsection 185(4)
Insert:
Reasonable excuse for non-compliance
(4AA) Subsection (4) does not apply if the person has a reasonable
excuse.
79 At the end of
section 188
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
80 Section 191
Omit “, except by authority,”.
81 At the end of
section 191
Add:
(2) 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 to an opening, alteration, breaking
or erasure by authority.
Note: For by authority, see subsection
4(1).
82 Section 192
Omit “except by authority”.
83 At the end of
section 192
Add:
(2) 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 to an opening, alteration, breaking
or erasure by authority.
Note: For by authority, see subsection
4(1).
84 At the end of
section 195
Add:
(3) Subsection (2) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
85 Subsection 196C(2)
Omit “, without reasonable excuse,”.
86 After subsection 196C(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
87 Paragraph 203Q(a)
Omit “unless that judicial officer issued the
warrant”.
88 At the end of
section 203Q
Add:
(2) Paragraph (1)(a) does not apply if the judicial officer named in
the warrant issued it.
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 Subsection 214B(9)
Omit “, without reasonable excuse,”.
90 At the end of
section 214B
Add:
(10) Subsection (9) does not apply if the person has a reasonable
excuse.
91 Subsection 227E(5)
Omit “, without written permission of an officer”.
92 At the end of
section 227E
Add:
(7) Subsection (5) does not apply if the person has the written
permission of an officer for the interference or removal.
93 Subsection 231(1)
Omit “for the purpose”, substitute “with the
intention”.
94 After subsection
233(1AA)
Insert:
(1AB) Subsection (1AA) is an offence of strict liability, to the
extent that it relates to paragraphs (1)(b), (c) and (d).
Note: For strict liability, see
section 6.1 of the Criminal Code.
95 Paragraph 232A(a)
Omit “to prevent”, substitute “with the intention of
preventing”.
96 Subsection 233A(1)
Omit “use”, substitute “intentionally
use”.
97 Subsection 233A(1)
Omit “knowingly”, substitute
“intentionally”.
98 After subsection 233A(1)
Insert:
(1A) Subsection (1) does not apply if the goods smuggled, imported,
exported or conveyed are narcotic goods.
Note: The heading to section 233A is replaced by the
heading “Master not to use or allow use of ship for smuggling
etc.—goods that are not narcotic goods”.
99 Paragraph 233A(2)(a)
Repeal the paragraph.
100 Paragraph 233A(2)(b)
Omit “that are not narcotic goods”.
101 After
section 233AB
Insert:
(1) The master of a ship or the pilot of an aircraft must not
intentionally use his or her ship or aircraft, or intentionally suffer it to be
used:
(a) in smuggling; or
(b) in the importation of any goods in contravention of this Act;
or
(c) in the exportation or conveyance of any goods in contravention of this
Act;
if the relevant goods are narcotic goods.
(2) A person who contravenes subsection (1) is guilty of an offence
punishable upon conviction as provided by section 235.
102 Paragraph 233B(1)(aa)
Omit “, attempts to bring, or causes to be brought,”.
103 Paragraph 233B(1)(b)
Omit “, or attempts to import,”.
104 Paragraph 233B(1)(b)
Omit “, or attempts to export,”.
105 Paragraph 233B(1)(c)
Omit “, or attempts to obtain possession of,”.
106 Paragraph 233B(1)(caa)
Omit “, or attempts to convey,”.
107 Paragraph 233B(1)(ca)
Omit “, or attempts to obtain possession of,”.
108 Paragraphs 233B(1)(cb) and
(d)
Repeal the paragraphs.
109 Subsection 233B(1A)
Repeal the subsection, substitute:
(1AA) For the purposes of an offence against paragraph (1)(a),
absolute liability applies to the physical element of circumstance of the
offence, that the relevant possession is on board any ship or
aircraft.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(1AB) For the purposes of an offence against paragraph (1)(c) or
(caa), absolute liability applies to the physical element of circumstance of the
offence, that the prohibited imports have been imported into Australia in
contravention of this Act.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(1AC) For the purposes of an offence against paragraph (1)(ca),
absolute liability applies to the physical element of circumstance of the
offence, that the prohibited imports are reasonably suspected of having been
imported into Australia in contravention of this Act.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(1A) On the prosecution of a person for an offence against
subsection (1), being an offence to which paragraph (c) of that
subsection applies, it is a defence if the person proves that he or she did not
know that the goods in his or her possession had been imported into Australia in
contravention of this Act.
110 Paragraph 233BAA(4)(a)
Omit “knowingly or recklessly”, substitute
“intentionally”.
111 Paragraph 233BAA(4)(b)
Repeal the paragraph, substitute:
(b) the goods were tier 1 goods and the person was reckless as to that
fact; and
112 After subsection
233BAA(4)
Insert:
(4A) Subject to subsection (4B), absolute liability applies to
paragraph (4)(c).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(4B) For the purposes of an offence against subsection (4), strict
liability applies to the physical element of circumstance of the offence, that
an approval referred to in subparagraph (4)(c)(ii) had not been obtained at
the time of the importation.
Note: For strict liability, see
section 6.1 of the Criminal Code.
113 Paragraph 233BAA(5)(a)
Omit “knowingly or recklessly”, substitute
“intentionally”.
114 Paragraph 233BAA(5)(b)
Repeal the paragraph, substitute:
(b) the goods were tier 1 goods and the person was reckless as to that
fact; and
115 After subsection
233BAA(5)
Insert:
(5A) Subject to subsection (5B), absolute liability applies to
paragraph (5)(c).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(5B) For the purposes of an offence against subsection (5), strict
liability applies to the physical element of circumstance of the offence, that
an approval referred to in subparagraph (5)(c)(ii) had not been obtained at
the time of the exportation.
Note: For strict liability, see
section 6.1 of the Criminal Code.
116 Paragraph 233BAB(5)(a)
Omit “knowingly or recklessly”, substitute
“intentionally”.
117 Paragraph 233BAB(5)(b)
Repeal the paragraph, substitute:
(b) the goods were tier 2 goods and the person was reckless as to that
fact; and
118 After subsection
233BAB(5)
Insert:
(5A) Subject to subsection (5B), absolute liability applies to
paragraph (5)(c).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(5B) For the purposes of an offence against subsection (5), strict
liability applies to the physical element of circumstance of the offence, that
an approval referred to in subparagraph (5)(c)(ii) had not been obtained at
the time of the importation.
Note: For strict liability, see
section 6.1 of the Criminal Code.
119 Paragraph 233BAB(6)(a)
Omit “knowingly or recklessly”, substitute
“intentionally”.
120 Paragraph 233BAB(6)(b)
Repeal the paragraph, substitute:
(b) the goods were tier 2 goods and the person was reckless as to that
fact; and
121 After subsection
233BAB(6)
Insert:
(6A) Subject to subsection (6B), absolute liability applies to
paragraph (6)(c).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(6B) For the purposes of an offence against subsection (6), strict
liability applies to the physical element of circumstance of the offence, that
an approval referred to in subparagraph (6)(c)(ii) had not been obtained at
the time of the exportation.
Note: For strict liability, see
section 6.1 of the Criminal Code.
122 Paragraph 234(1)(c)
Repeal the paragraph, substitute:
(c) intentionally obtain or retain diesel fuel rebate, reckless as to the
fact that the person is not entitled to the rebate under
section 164;
123 Paragraph 234(1)(d)
Repeal the paragraph, substitute:
(d) either:
(i) intentionally make a statement to an officer, reckless as to the fact
that the statement is false or misleading in a material particular; or
(ii) intentionally omit from a statement made to an officer any matter or
thing, reckless as to the fact that without the matter or thing the statement is
misleading in a material particular;
124 After subsection 234(2)
Insert:
(2AA) For the purposes of an offence against paragraph (1)(c),
absolute liability applies to the physical element of circumstance of the
offence, that the lack of entitlement is under section 164.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
125 Subsection 234(4) (the subsection 234(4)
added by item 2 of Schedule 1 to the Customs and Excise Legislation
Amendment Act (No. 2) 1997)
Omit “intentionally or recklessly enters designated fuel for home
consumption as clean fuel”, substitute “intentionally enters
designated fuel for home consumption as clean fuel, reckless as to the fact that
it is designated fuel”.
126 Subsection 234(5)
Omit “intentionally or recklessly enters clean fuel for home
consumption as designated fuel”, substitute “intentionally enters
clean fuel for home consumption as designated fuel, reckless as to the fact that
it is clean fuel”.
127 Subsection 234(6)
(note)
Repeal the note.
128 After subsection 234(6)
Insert:
(6A) Subsection (6) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
129 Subsection 234(7)
(note)
Repeal the note.
130 After subsection 234(7)
Insert:
(7A) Subsection (7) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
131 Subsection 234A(1)
Omit “, except by authority”.
132 After subsection
234A(1)
Insert:
(1A) Subsection (1) does not apply if the person:
(a) enters into or is in the place, by authority; or
(b) enters on or is in or on, the ship, aircraft, wharf or the part of a
wharf, by authority.
133 Subsection 234A(2)
Omit “The last preceding subsection”, substitute
“Subsection (1)”.
134 Subsection 234AB(3)
Omit “, without reasonable excuse,”.
135 After subsection
234AB(3)
Insert:
(3A) Subsection (3) does not apply if the person has a reasonable
excuse.
(3B) Subsection (3) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
136 Subsection 235(1)
Repeal the subsection, substitute:
(1) The penalty for an offence against subsection 50(7) or subsection
112(2BC) is a fine not exceeding $2,000 or imprisonment for a period not
exceeding 2 years, or both.
137 Paragraph 235(2)(a)
Omit “section 233A”, substitute
“section 233AC”.
138 Section 236
Omit “Whoever”, substitute “For the purposes of a Customs
prosecution (within the meaning of section 244), whoever”.
139 Section 237
Omit “Any”, substitute “For the purposes of a Customs
prosecution (within the meaning of section 244), any”.
140 Subsection 243K(1)
Omit “knowingly”, substitute
“intentionally”.
141 After subsection
275A(2)
Add:
(2A) Subsection (2) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
1 After section 3
Insert:
Chapter 2 of the Criminal Code (except Part 2.5) applies
to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Paragraph 16AA(1)(b)
Omit “section 5, 6, 7 or 7A or subsection 86(1) of the Crimes
Act 1914”, substitute “section 6 of the Crimes Act
1914, or section 11.1, 11.2, 11.4 or 11.5 of the Criminal
Code,”.
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.
2 Section 43
Omit “, without reasonable excuse”.
3 At the end of
section 43
Add:
(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) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
4 At the end of
section 44
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 Section 45
Omit “, without reasonable excuse”.
6 At the end of
section 45
Add:
(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).
7 Paragraph 46(a)
Omit “wilfully”, substitute
“intentionally”.
1 After section 12
Insert:
Chapter 2 of the Criminal Code (except Part 2.5) applies
to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Paragraph 43(b)
Repeal the paragraph.
3 Subsection 107(1)
Omit “, without reasonable excuse,”.
4 After subsection 107(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).
(1B) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 Subsection 127(1)
Omit “, except in the performance of a duty under or in connection
with this Act or in the performance or exercise of such a function or
power”.
6 At the end of subsection
127(3)
Add:
Note: A defendant bears an evidential burden in relation to
a matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
7 After subsection 127(3)
Insert:
(3A) Subsection (1) does not prevent a person from making a record
of, divulging, communicating or making use of information, or producing a
document, if the person does so:
(a) in the performance of a duty under or in connection with this Act;
or
(b) in the performance or exercise of a function or power conferred on the
Commission or on the Commissioner under this Act.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3A) (see subsection 13.3(3) of the Criminal
Code).
1 After section 8
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note 1: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
Note 2: Section 8A does not appear in the NSW Act,
because Chapter 2 of the Criminal Code applies only to this
Act.
2 At the end of
section 195
Add:
(2) Subsection (1) is an offence of strict liability.
Note 1: For strict liability, see
section 6.1 of the Criminal Code.
Note 2: Subsection 195(2) does not appear in the NSW Act,
because section 6.1 of the Criminal Code (which deals with strict
liability) applies only to this Act.
1 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.
2 Paragraphs 37(b) and (c)
Omit “wilfully”, substitute
“intentionally”.
3 Paragraph 37(d)
Omit “wilfully and without lawful excuse”, substitute
“intentionally”.
1 After section 7
Insert:
Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Subsection 65Y(1)
Omit “, intentionally or recklessly, take or send, or attempt to take
or send,”, substitute “take or send”.
3 At the end of subsection
65Y(1)
Add:
Note: The ancillary offence provisions of the Criminal
Code, including section 11.1 (attempts), apply in relation to the
offence created by subsection (1).
4 Subsection 65Y(2)
Omit “, or attempting to take or send,”.
5 At the end of subsection
65Y(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
6 Subsection 65Z(1)
Omit “, intentionally or recklessly, take or send, or attempt to take
or send,”, substitute “take or send”.
7 At the end of subsection
65Z(1)
Add:
Note: The ancillary offence provisions of the Criminal
Code, including section 11.1 (attempts), apply in relation to the
offence created by subsection (1).
8 Subsection 65Z(2)
Omit “, or attempting to take or send,”.
9 At the end of subsection
65Z(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
10 Subsection 65ZA(2)
Omit “, intentionally or recklessly and without reasonable
excuse,”.
11 After subsection 65ZA(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).
12 At the end of subsection
65ZA(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
13 Subsection 65ZB(2)
Omit “, intentionally or recklessly and without reasonable
excuse,”.
14 After subsection 65ZB(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).
15 At the end of subsection
65ZB(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
16 Subsection 67P(1)
Omit “, intentionally or recklessly,”.
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.
2 Paragraphs 32ZE(a) and
(b)
Omit “wilfully”, substitute
“intentionally”.
3 Paragraph 32ZE(c)
Omit “wilfully and without lawful excuse”, substitute
“intentionally”.
4 Subsection 42(1)
Omit “, without reasonable excuse”.
5 After subsection 42(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1B) 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 (1B) (see subsection 13.3(3) of the Criminal
Code).
6 Subsection 42(2)
Omit “, or attempt to personate, a juror for the purpose”,
substitute “a juror with the intention”.
7 Paragraph 42(3)(a)
Omit “, or attempt to corrupt,”.
8 Subsection 58(1)
Omit “, without reasonable excuse”.
9 After subsection 58(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
10 Subsection 58(2)
Omit “, without reasonable excuse”.
11 After subsection 58(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).
1 At the end of Part I
Add:
Chapter 2 of the Criminal Code (except Part 2.5) applies
to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Subsections 16(5A) and
(5AA)
Omit “, unless required to do so under this Act or any other
Act,”.
3 After subsection 18(9)
Insert:
(9A) Subsection (9) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
4 Subsection 21(3A)
Omit “, knowingly or recklessly”.
5 Paragraphs 21(3A)(a) and
(b)
Repeal the paragraphs, substitute:
(a) intentionally make a statement in an identification reference,
reckless as to the fact that the statement is false or misleading in a material
particular; or
(b) intentionally omit from an identification reference any matter or
thing, reckless as to the fact that without the matter or thing the reference is
misleading in a material particular.
6 Subsection 21A(3)
Omit “, knowingly or recklessly”.
7 Paragraphs 21A(3)(a) and
(b)
Repeal the paragraphs, substitute:
(a) intentionally make a statement in a change of name statement, reckless
as to the fact that it is false or misleading in a material particular;
or
(b) intentionally omit from a change of name statement any matter or
thing, reckless as to the fact that without the matter or thing the change of
name statement is misleading in a material particular.
8 Subsection 23A(3)
Omit “or recklessly”.
9 Subsection 27B(3)
Omit “, without reasonable excuse,”.
10 After subsection 27B(4)
Insert:
(4A) Subsections (3) and (4) do not apply if the person has a
reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4A) (see subsection 13.3(3) of the Criminal
Code).
(4B) Subsection (4) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
11 Subsection 29(1)
Omit “, knowingly”.
12 Paragraphs 29(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) intentionally make a statement that the cash dealer knows is false or
misleading in a material particular; or
(b) intentionally omit from a statement any matter or thing without which
the cash dealer knows the statement is misleading in a material
particular.
13 Subsection 29(2)
Omit “, knowingly”.
14 Paragraphs 29(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) intentionally make a statement that the financial institution knows is
false or misleading in a material particular; or
(b) intentionally omit from a statement any matter or thing without which
the financial institution knows the statement is misleading in a material
particular.
15 Subsection 29(2A)
Omit “, knowingly”.
16 Paragraphs 29(2A)(a) and
(b)
Repeal the paragraphs, substitute:
(a) intentionally make a statement that the person knows is false or
misleading in a material particular; or
(b) intentionally omit from a statement anything without which the person
knows the statement is misleading in a material particular.
17 Subsection 29(3)
Repeal the subsection, substitute:
(3) A person must not:
(a) intentionally make a report for the purposes of section 15, a
statement for the purposes of section 18 or a declaration for the purposes
of section 33, that the person knows is false or misleading in a material
particular; or
(b) intentionally omit from such a report, statement or declaration any
matter or thing without which the person knows the report, statement or
declaration is misleading in a material particular.
18 Subsections 30(1), (2) and
(3)
Omit “knowingly does so in such a way”, substitute
“knows”.
19 Subsection 33(10) (definition of offence
against section 15)
Repeal the definition, substitute:
offence against section 15 includes an offence against
section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5
of the Criminal Code that relates to an offence against section 15
of this Act.
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.
2 Subsection 7(1)
Omit “, or aids, abets or procures the commission by another person
of,”.
3 Paragraph 7(4)(a)
Omit “wilful”, substitute “intentional”.
4 After subsection 15(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
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.
2 After subsection 19(6)
Insert:
(6A) Subsection (6) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 At the end of
section 43
Add:
(8) Subsection (7) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
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.
2 After subsection 14(7)
Insert:
(7A) Subsection (7) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 Subsections 23(1) and (2)
Omit “, without reasonable excuse”.
4 After subsection 23(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).
5 Section 46PL
Omit “, without reasonable excuse”.
6 At the end of
section 46PL
Add:
(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) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
7 Subsection 46PM(1)
Omit “, without reasonable excuse,”.
8 After subsection 46PM(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).
9 Subsection 46PM(3)
Omit “subsection (1)” (wherever occurring), substitute
“this section”.
10 Subsection 49(1)
Omit all the words from and including “indirectly, except in the
performance” to and including “the Commission:”, substitute
“indirectly:”.
11 At the end of subsection
49(3)
Add:
Note: A defendant bears an evidential burden in relation to
a matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
12 At the end of subsection
49(4A)
Add:
Note: A defendant bears an evidential burden in relation to
a matter in subsection (4A) (see subsection 13.3(3) of the Criminal
Code).
13 After subsection 49(4A)
Insert:
(4B) Subsection (1) does not prevent a person from making a record
of, divulging, communicating or making use of information, or producing a
document, if the person does so:
(a) in the performance of a duty under or in connection with this Act;
or
(b) in the course of acting for or on behalf of the Commission.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4B) (see subsection 13.3(3) of the Criminal
Code).
1 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.
2 Paragraphs 43(a) and (b)
Omit “knowingly or recklessly”, substitute
“intentionally”.
1 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.
2 After subsection 94(1)
Insert:
(1A) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance, that the person was
married when the form or ceremony took place.
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 After subsection 94(3)
Insert:
(3A) To avoid doubt, section 9.2 of the Criminal Code (mistake
of fact) does not apply in relation to the matters mentioned in
subsections (2) and (3).
4 After subsection 95(1)
Insert:
(1A) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance, that the person is
not of marriageable age.
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 After subsection 95(2)
Insert:
(2A) For the purposes of an offence against subsection (2), strict
liability applies to the physical element of circumstance, that the other party
to the marriage is a minor.
Note: For strict liability, see
section 6.1 of the Criminal Code.
6 After subsection 95(3)
Insert:
(3A) To avoid doubt, section 9.2 of the Criminal Code (mistake
of fact) does not apply in relation to the matters mentioned in
subsection (3).
7 At the end of
section 95
Add:
(5) To avoid doubt, section 9.2 of the Criminal Code (mistake
of fact) does not apply in relation to the matters mentioned in
subsection (4).
8 Section 105
Omit “, without reasonable excuse,”.
9 At the end of
section 105
Add:
(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) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
10 Paragraph 106(b)
Omit “wilfully”, substitute
“intentionally”.
1 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.
2 Subsection 13(1)
Omit “, without reasonable excuse,”.
3 After subsection 13(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).
4 Subsection 14(1)
Omit “subsection 13(1)”, substitute “subsection
13(1A)”.
1 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.
1 After section 8
Insert:
(1) Subject to subsection (2), Chapter 2 of the Criminal
Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(2) Part 2.5 of the Criminal Code does not apply to an offence
against Part 11 of this Act.
2 Section 171
Omit “, without reasonable excuse”.
3 At the end of
section 171
Add:
(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) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
4 Section 172
Omit “, without reasonable excuse”.
5 At the end of
section 172
Add:
(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).
6 Section 173
Omit “knowingly give evidence that is false or misleading”,
substitute “intentionally give evidence that the person knows is false or
misleading”.
7 Section 174
Omit “, without reasonable excuse,”.
8 At the end of
section 174
Add:
(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).
9 Section 175
Repeal the section.
10 At the end of
section 176
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
11 Subsection 203DG(4)
Omit “, without reasonable excuse,”.
12 After subsection
203DG(4)
Insert:
Reasonable excuse for non-compliance
(4A) 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 (4A) (see subsection 13.3(3) of the Criminal
Code).
13 Subsection 203DG(5)
Omit “subsection (4)”, substitute
“subsection (4A)”.
Note: The heading to subsection 203DG(7) is altered by
omitting “Knowingly making” and substituting
“Making”.
1 After section 3
Insert:
(1) Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(2) To avoid doubt, subsection (1) does not apply the Criminal
Code to an offence against a House.
1 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.
2 After subsection 6(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 Subsection 8(1)
Omit “, without reasonable excuse, refuse”, substitute
“fail”.
4 After subsection 8(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).
(1B) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 Subsection 8(3)
Omit “, without reasonable excuse,”.
6 After subsection 8(3)
Insert:
(3A) 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 (3A) (see subsection 13.3(3) of the Criminal
Code).
7 At the end of
section 8
Add:
(5) For the purposes of an offence against subsection (3) or (4),
strict liability applies to the following physical elements of circumstance of
the offence:
(a) that the person obstructed or hindered is an authorised
officer;
(b) that the authorised officer is acting in the performance of his or her
functions or the exercise of his or her powers under this Act.
Note: For strict liability, see
section 6.2 of the Criminal Code.
8 Paragraphs 9(3)(b) and
(c)
Repeal the paragraphs, substitute:
(b) make a statement, in or in connection with a claim for a refund,
reckless as to the fact that the statement is false or misleading in a material
particular; or
(c) present a document, in connection with an application for a refund,
reckless as to the fact that the document is false or misleading in a material
particular.
1 After section 3
Insert:
Chapter 2 of the Criminal Code (except Part 2.5) applies
to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Subsections 18C(4), 18D(4), 18K(4), 18L(2),
18N(2), 18Q(9), 18R(2) and 18S(3)
Omit “knowingly or recklessly”, substitute
“intentionally”.
3 Subsection 46(2)
Omit “and, without reasonable excuse”, substitute “and
who”.
4 After subsection 46(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).
5 Subsection 49(4) (paragraph (b) of the
definition of credit reporting offence)
Omit “, 7 or 7A, or paragraph 86(1)(a), of the Crimes Act
1914,”, substitute “of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code,”.
6 Subsection 49(4) (paragraph (b) of the
definition of tax file number offence)
Omit “, 7 or 7A, or paragraph 86(1)(a), of the Crimes Act
1914,”, substitute “of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code,”.
7 Subsection 65(1)
Omit “, without reasonable excuse”.
8 Subsection 65(2)
Repeal the subsection, substitute:
(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).
9 Subsection 66(1)
Omit “, without reasonable excuse”.
10 Subsection 66(1A)
Omit “subsection (1)”, substitute
“subsection (1B)”.
11 Before subsection 66(2)
Insert:
(1B) 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 (1B) (see subsection 13.3(3) of the Criminal
Code).
12 Subsections 66(3) and
(10)
Omit “subsection (1)”, substitute
“subsection (1B)”.
13 Subsection 99A(9)
Omit “5, 6, 7 or 7A, or subsection 86(1), of the Crimes Act
1914,”, substitute “6 of the Crimes Act 1914, or
section 11.1, 11.2, 11.4 or 11.5 of the Criminal
Code,”.
1 At the end of Part I
Add:
Chapter 2 of the Criminal Code (except Part 2.5) applies
to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
2 Subsection 52(1)
Omit “knowingly”, substitute
“intentionally”.
3 Paragraph 68(1)(a)
Omit “without reasonable excuse”.
4 After subsection 68(1)
Insert:
(1A) Paragraph (1)(a) 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).
5 Subsection 73(7)
Omit “knowingly”, substitute
“intentionally”.
6 After subsection 77(6)
Insert:
(6A) An offence against this section (as referred to in
subsection (6)) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
7 At the end of
section 78
Add:
(4) An offence against this section (as referred to in
subsection (3)) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
8 Subsection 78A(3)
Omit “or recklessly”.
1 At the end of Part I
Add:
(1) Chapter 2 of the Criminal Code applies to all offences
against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(2) Section 10.5 of the Criminal Code applies to an offence
against section 13F as if it covered conduct that is justified or excused
by a law of the Commonwealth or of a State or Territory.
2 After subsection 6(1)
Insert:
(1A) For the purposes of an offence against subsection (1), absolute
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that the assembly is in a Territory or is wholly or partly on
Commonwealth premises;
(b) that the persons conduct themselves in the Territory or on the
Commonwealth premises.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
3 Subsection 6(2)
Omit “wilfully and without lawful excuse, does an act or thing by way
of physical violence to another person or damage to property”, substitute
“intentionally does an act of physical violence to another person, or an
act that results in damage to property,”.
4 At the end of
section 6
Add:
(3) For the purposes of an offence against subsection (2), absolute
liability applies to the physical element of circumstance of the offence, that
the person is in a Territory or on Commonwealth premises.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
5 Section 7
Omit “wilfully and without lawful excuse”, substitute
“intentionally”.
6 At the end of
section 7
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to such of the following physical elements of circumstance as
are relevant to the offence:
(a) that the person is in a Territory or on Commonwealth
premises;
(b) that the extent of the damage to property exceeds $1,500.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
7 Subsection 8(3)
Omit “, without reasonable excuse,”.
8 After subsection 8(3)
Insert:
(3A) Strict liability applies to paragraphs (3)(a) and (b).
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3B) Subsection (3) does not apply to a person who 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).
9 At the end of
section 9
Add:
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the person is in a Territory or on Commonwealth premises.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
10 Subsection 10(1)
Omit “and without lawful excuse”.
11 Paragraph 10(1)(d)
Omit “in a manner likely to”, substitute “, being
reckless as to whether doing so will”.
12 After subsection 10(1)
Insert:
(1A) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the offence, that
the person is in a Territory or on Commonwealth premises.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(1B) Paragraph (1)(a) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1B) (see subsection 13.3(3) of the Criminal
Code).
13 Subsection 11(1)
Omit “, without reasonable excuse,”.
14 Paragraph 11(2)(c)
Omit “, without reasonable excuse,”.
15 After subsection 11(2)
Insert:
(2A) For the purposes of an offence against subsection (1) or (2),
absolute liability applies to the physical element of circumstance of the
offence, that the premises are in a Territory.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(2B) Subsection (1) and paragraph (2)(c) do not apply if the
person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2B) (see subsection 13.3(3) of the Criminal
Code).
16 Subsection 12(1)
Omit “, without reasonable excuse,”.
17 Paragraph 12(2)(c)
Omit “, without reasonable excuse,”.
18 At the end of
section 12
Add:
(3) For the purposes of an offence against subsection (1) or (2),
absolute liability applies to the physical element of circumstance of the
offence, that the premises are Commonwealth premises.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(4) For the purposes of an offence against paragraph (2)(c), strict
liability applies to the physical element of circumstance of the offence, that
the direction had been given by:
(a) a constable; or
(b) a protective service officer; or
(c) a person authorised in writing by a Minister or the public authority
under the Commonwealth occupying the premises to give directions for the
purposes of this section.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(5) Subsection (1) and paragraph (2)(c) do 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).
19 Subsection 13C(2)
Omit “, without reasonable excuse”.
20 At the end of
section 13C
Add:
(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).
21 Subsection 13D(2)
Omit “, without reasonable excuse,”.
22 After subsection 13D(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).
23 Section 13F
Omit “without lawful excuse,”.
24 After subsection 15(1)
Insert:
(1A) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance of the offence, that
the way in which the persons conduct themselves gives rise to a reasonable
apprehension that the assembly will be carried on in a manner involving unlawful
physical violence to persons or unlawful damage to property.
Note: For strict liability, see
section 6.2 of the Criminal Code.
25 Subsection 15(2)
Omit “and without lawful excuse, does an act or thing by way of
physical violence to another person or damage to property”, substitute
“, intentionally does an act of physical violence to another person, or an
act that results in damage to property,”.
26 At the end of
section 15
Add:
(3) For the purposes of an offence against subsection (1) or (2),
absolute liability applies to the physical element of circumstance of the
offence, that the assembly is in relation to protected premises or a protected
person.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
27 Section 16
Omit “wilfully and without lawful excuse”, substitute
“intentionally”.
28 At the end of
section 16
Add:
(2) For the purposes of an offence against paragraph 16(1)(b), absolute
liability applies to the physical element of circumstance, that the extent of
the damage to property exceeds $1,500.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
29 Subsection 17(3)
Omit “, without reasonable excuse,”.
30 After subsection 17(3)
Insert:
(3A) Strict liability applies to paragraphs (3)(a) and (b).
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3B) Subsection (3) does not apply to a person who 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).
31 At the end of
section 18
Add:
(2) For the purposes of an offence against paragraph (1)(a), (b), (c)
or (d), absolute liability applies to such of the following physical elements of
circumstance as are relevant to the offence:
(a) that the person mentioned in the paragraph is a protected
person;
(b) that interference with the discharge of the duties of such a person is
interference with the free and safe discharge of those duties.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
32 Subsection 19(1)
Omit “, without lawful excuse”.
33 Paragraph 19(1)(d)
Omit “in a manner likely to”, substitute “, being
reckless as to whether doing so will”.
34 After subsection 19(1)
Insert:
(1A) Paragraph (1)(a) 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).
35 Subsection 20(1)
Omit “, without reasonable excuse,”.
36 Paragraph 20(2)(c)
Omit “, without reasonable excuse,”.
37 At the end of
section 20
Add:
(3) Subsection (1) and paragraph (2)(c) do 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) For the purposes of an offence against subsection (1) or (2),
absolute liability applies to the physical element of circumstance of the
offence, that the relevant premises are protected premises.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(5) For the purposes of an offence against paragraph (2)(c), strict
liability applies to the physical element of circumstance of the offence, that
the direction had been given by:
(a) a constable; or
(b) a protective service officer; or
(c) a protected person residing or performing duties on the premises;
or
(d) a person acting in accordance with authority conferred on him or her
by such a protected person.
Note: For strict liability, see
section 6.1 of the Criminal Code.
38 Subsection 23(1)
Omit “section 7 or section 16”, substitute
“subsection 7(1) or subsection 16(1)”.
1 After section 6A
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.
2 After subsection 27(1)
Insert:
(1A) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance, that a person is
exercising or performing any of the powers or functions referred to in this
Act.
Note: For strict liability, see
section 6.1 of the Criminal Code.
3 Subsection 27F(1)
Omit “, except in the performance of a duty under or in connection
with this Act or in the performance or exercise of such a function or
power”.
4 At the end of subsection
27F(3)
Add:
Note: A defendant bears an evidential burden in relation to
a matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
5 After subsection 27F(3)
Insert:
(3A) Subsection (1) does not prevent a person from making a record
of, divulging, communicating or making use of information, or producing a
document, if the person does so:
(a) in the performance of a duty under or in connection with this Act;
or
(b) in the performance or exercise of a function or power conferred on the
Commission or on the Commissioner under this Act.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3A) (see subsection 13.3(3) of the Criminal
Code).
1 After section 8
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.
2 Paragraph 84(3)(b)
Omit “knowingly”, substitute
“intentionally”.
3 Subsection 103(1)
Omit “or refuse”.
4 Subsection 103(1)
(penalty)
Omit “12”, substitute “6”.
5 After subsection 103(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
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.
2 Subsection 86(1)
Omit “, or cause or permit to be published or
displayed,”.
3 Section 87
Omit “, without reasonable excuse,”.
4 At the end of
section 87
Add:
(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) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 After subsection 92(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
6 At the end of
section 95
Add:
(2) For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance, that a person is
exercising a power or performing a function under this Act.
Note: For strict liability, see
section 6.1 of the Criminal Code.
7 Subsection 112(1)
Omit “, except in the performance of a duty under or in connection
with this Act or in the performance or exercise of such a function or
power”.
8 At the end of subsection
112(3)
Add:
Note: A defendant bears an evidential burden in relation to
a matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
9 After subsection 112(3)
Insert:
(3AA) Subsection (1) does not prevent a person from making a record
of, divulging, communicating or making use of information, or producing a
document, if the person does so:
(a) in the performance of a duty under or in connection with this Act;
or
(b) in the performance or exercise of a function or power conferred on the
Commission or on the Commissioner under this Act.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3AA) (see subsection 13.3(3) of the Criminal
Code).
1 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.
2 Section 11
Omit “wilfully”, substitute “intentionally
”.
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.
2 Section 106
Omit “, without reasonable excuse,”.
3 At the end of
section 106
Add:
(2) Subsection (1) does not apply if the person obstructing or
hindering 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).
4 Subsection 107(1)
Omit “, without reasonable excuse,”.
5 At the end of subsection
107(1)
Add:
Penalty: Imprisonment for 6 months.
6 Paragraph 107(2)(a)
Omit “without reasonable excuse, wilfully”, substitute
“intentionally”.
7 At the end of
section 107
Add:
(3) Subsection (1) and paragraph (2)(a) do not apply if the
person first mentioned in subsection (1) or (2) 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).
1 Paragraph 27(b)
Omit “Act;”, substitute “Act; or”.
2 After paragraph 27(b)
Insert:
(c) an ancillary offence (within the meaning of the Criminal Code)
that relates to an offence against section 47 of the Crimes Act 1914
in its application for the purposes of subsection 26(1) or (2) of this
Act;
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.
2 Subsection 9(2)
Omit “5 and 7, and paragraph 86(1)(a), of the Crimes Act
1914”, substitute “11.1, 11.2 and 11.5 of the Criminal
Code”.
3 At the end of
section 9
Add:
(3) For the purposes of an offence against subsection (1), absolute
liability applies to the following physical elements of circumstance of the
offence:
(a) if subsection 6(1) applies—that the relevant act was, under the
law in force at the relevant time in the relevant part of Australia, an offence
mentioned in that subsection;
(b) if subsection 6(3) applies—that the law in force at the relevant
time in some part of Australia was such that the relevant act would, had it been
done at that time in that part, have been a serious crime under subsection
6(1).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
1 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.
2 Subsection 19(5)
Omit “, without reasonable excuse,”.
3 Subsection 19(5)
(penalty)
Omit “for an offence against this subsection”.
4 At the end of
section 19
Add:
(6) Subsection (5) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6) (see subsection 13.3(3) of the Criminal
Code).
5 Subsection 22(1)
Omit “, without lawful authority,”.
Commonwealth
Places (Application of Laws) Act 1970
1 Subsection 5(2)
Omit “Sections 4,”, substitute
“Sections”.
2 Subsection 5(2)
Omit “, 5, 6, 7, 7A and 86”, substitute “and
6”.
3 Clause 1 of the
Schedule
Omit “14, 15, 15A, 15B, 15C and 15D”, substitute “15,
15A, 15B and 15C, and”.
4 Sections 3BB, 4, 5, 7, 7A, 14, 15D and
86
Repeal the sections.
Transfer
of Prisoners Act 1983
5 Paragraph 27(b)
Repeal the paragraph.