offence against
this Act includes an offence against section 136.1 or 137.1 of the Criminal
Code that relates to this Act.
127 Section 208
Repeal the section.
Civil Aviation Act 1988
129 Subsection
23A(3)
Repeal the subsection.
Civil Aviation Regulations 1988
130
Regulation 285
Repeal the regulation.
Coal Excise Act 1949
131 Paragraph
5(c)
Omit ", (v), (va)".
132 Section 27
Repeal the section.
Coal Industry
Act 1946
133 Subsection 53(4)
Repeal the subsection.
Commonwealth Electoral Act 1918
134 Subsections 184(6) and (7)
Repeal the
subsections.
135 Subsections 184A(5) and (6)
Repeal the subsections.
136
Paragraph 339(1)(f)
Repeal the paragraph.
137 Paragraph 339(1)(h)
Omit
"ballot-papers; or", substitute "ballot-papers.".
138 Paragraph 339(1)(k)
Repeal the paragraph.
139 Subsections 339(3) and (4)
Repeal the subsections.
140 Section 344
Repeal the section.
Commonwealth Inscribed Stock Act 1911
141 Section 48
Repeal the section.
Commonwealth Places (Application of Laws) Act 1970
142 Subsection 5(2)
After
"Sections", insert "4,".
143 After subsection 5(2A)
Insert:
- (2B)
- Chapter 2
of the Criminal Code does not apply in relation to, or in relation to matters
arising under, the applied provisions.
Complaints (Australian Federal Police) Act 1981
144 After paragraph 27(5)(e)
Insert:
- (ea)
- a prosecution for an offence against section 137.1, 137.2 or
149.1 of the Criminal Code that relates to this Act; or
145 Subsection 44(2)
Repeal the subsection.
Crimes Act 1914
146 Subsection
3(1) (paragraph (c) of the definition of Commonwealth officer)
Omit "sections
70, 72, 73, 74 and 75", substitute "section 70".
147 Subsection 3(1)
(paragraph (d) of the definition of Commonwealth officer)
Omit "sections 70,
72, 73, 74, 75 and 76" substitute "section 70".
148 Subsection 17B(3)
(definition of section 17B offence)
Omit "any of sections 29, 29A, 29B, 29C,
29D, 71 and 72", substitute "section 29 of this Act, an offence against
section 131.1, 132.1, 132.6, 132.7, 134.1, 134.2, 135.1, 135.2, 135.4, 145.4
or 145.5 of the Criminal Code ".
149 Sections 29A, 29B, 29C, 29D and 30
Repeal the sections.
150 Paragraph 30K(a)
Repeal the paragraph.
151
Sections 32 and 33
Repeal the sections.
152 Section 50
Repeal the section.
153 Part V
Repeal the Part.
154 Sections 71, 71A, 72, 73, 73A, 74, 75 and 76
Repeal the sections.
155 Sections 85J, 85K, 85L and 85M
Repeal the sections.
156 Section 85P
Repeal the section.
157 Section 85ZF
Repeal the section.
158 Subsection 86(2)
Repeal the subsection.
159 Paragraph 86(10)(b)
Omit
"of this section; and", substitute "of this section.".
160 Paragraph
86(10)(c)
Repeal the paragraph.
161 Section 88
Repeal the section.
Customs Act 1901
162 Subsection 4(1) (paragraph (c) of the definition of
Records offence)
Omit "section 29D or 86A of the Crimes Act 1914 ",
substitute "section 134.1, 134.2 or 135.1 of the Criminal Code ".
163 At the
end of section 183UA
Add:
- (3)
- For the purposes of this Part, an offence
against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates
to this Act is taken to be an offence against this Act.
164 Section 232
Repeal the section.
165 Paragraph 232A(b)
Omit "any
officer, or any person assisting an officer, in the execution of his duty",
substitute "any person assisting an officer in the execution of the officer's
duty".
Dairy Produce Act 1986
166 Section 112
Repeal the section.
167
Subsection 114(1)
Omit "subsection 112(1)", substitute "section 135.2, 136.1,
137.1 or 137.2 of the Criminal Code that relates to this Act".
168 Subsection
117(1)
Omit "or 112".
Defence Act 1903
169 Section 73B
Repeal the section.
170 Section 73F
Omit "73B," (wherever occurring).
171 Section 80
Repeal the
section.
172 Section 81
Repeal the section.
173 Section 116Z
Repeal the
section.
Defence (Special Undertakings) Act 1952
174 Section 24
Repeal the
section.
Diplomatic and Consular Missions Act 1978
175 Subsection 5(8)
Repeal the subsection.
Disability Discrimination Act 1992
176 Subsection
111(1)
Omit all the words after "other than", substitute "a prosecution for
an offence against section 137.1 or 137.2 of the Criminal Code that relates to
this Act".
177 Section 112
Repeal the section.
Distillation Act 1901
178
Section 72
Repeal the section.
Environment Protection (Alligator Rivers Region) Act 1978
179 Subsection
27(2)
Repeal the subsection.
180 Section 32
Repeal the section.
Excise Act 1901
181 Paragraphs 120(1)(v), (va) and (vb)
Repeal the
paragraphs.
182 Paragraph 120(2)(c)
Repeal the paragraph.
183 Section 123
Repeal the section.
184 Paragraph 124(1)(a)
Repeal the paragraph.
185
Paragraph 124(1)(d)
Omit "any officer or any person acting in his aid or
assistance in the execution of his duties", substitute "any person acting in
aid or assistance of an officer in the execution of the officer's duties".
186 Paragraph 124(1)(e)
Repeal the paragraph.
Export Control Act 1982
187
Section 12
Repeal the section.
188 Section 16
Repeal the section.
Export Expansion Grants Act 1978
189 Section 18
Repeal the section.
Export
Inspection and Meat Charges Collection Act 1985
190 Paragraph 10(2)(a)
Omit
"or (3)", substitute "of this section or an offence against section 137.1 or
137.2 of the Criminal Code that relates to this Act".
191 Subsection 10(3)
Repeal the subsection.
- Note: The penalty at the end of section 10 does not
form part of subsection 10(3).
Export Market Development Grants Act 1997
192 Subsection 16(2) (paragraph (b)
of the definition of relevant offence)
Repeal the paragraph.
- Note: The
Reader's Guide to the Export Market Development Grants Act 1997 is altered by
omitting the entry relating to the Crimes Act 1914 .
193 Subsection 16(2) (paragraph (d) of the definition of relevant offence)
Omit ", (b)".
194 Subsection 16(2) (at the end of the definition of relevant
offence)
Add:
; or (e) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1
of the Criminal Code that relates to an application for a grant.
195 Paragraph 78(1)(b)
Repeal the paragraph.
196 Paragraph 78(1)(d)
Omit ",
(b) or (c);", substitute "or (c); or".
197 After paragraph 78(1)(d)
Insert:
- (e)
- an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of
the Criminal Code that relates to an application for a grant;
198 Section 102
Repeal the section.
199 Paragraph 103(1)(a)
Repeal the
paragraph, substitute:
- (a)
- a person is convicted of an offence against
section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code ; and
Farm Household Support Act 1992
200 Subsection 41(6)
Repeal the subsection.
201 Subsection 42(6)
Repeal the subsection.
202 Subsection 54(8)
Repeal the
subsection.
Financial Management and Accountability Act 1997
203 Section 61
Repeal the section.
Financial Sector (Shareholdings) Act 1998
204 Section 37
Repeal the section.
First Home Owners Act 1983
205 Section 38
Repeal the
section.
Fisheries Management Act 1991
206 Subsection 4(1)
Insert:
offence against this Act includes an offence against section 136.1, 137.1,
137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this
Act.
207 Subsections 9(1) and (2)
Omit ", 107".
208 Section 107
Repeal the
section.
209 At the end of section 164
Add:
- (10)
- Part 2.5 of the Criminal
Code does not apply to an offence against this Act.
- Note: Part 2.5 of the Criminal Code deals with corporate criminal
responsibility.
Foreign Acquisitions and Takeovers Act 1975
210 Section 36A
Repeal the
section.
Great Barrier Reef Marine Park Act 1975
211 Subsection 3(1)
Insert: offence against this Act includes an offence against section 137.1
or 137.2 of the Criminal Code that relates to this Act.
212 Paragraph 39P(4)(c)
Omit "or 39R", substitute "of this Act or a
prosecution for an offence against section 137.1 or 137.2 of the Criminal Code
that relates to this Part".
213 Section 39R
Repeal the section.
214 At the
end of section 64
Add:
- (8)
- Part 2.5 of the Criminal Code does not apply to
an offence against this Act.
- Note: Part 2.5 of the Criminal Code deals with corporate criminal
responsibility.
Great Barrier Reef Marine Park Regulations
215 Subregulation 49(1)
Repeal
the subregulation.
216 Paragraph 49(2)(b)
Omit "subregulation (1)",
substitute "section 136.1 or 137.1 of the Criminal Code ".
216A Subregulation
49(3)
Repeal the subregulation, substitute:
- (3)
- Subregulation (2) applies
to an application for an authorisation as if references in that subregulation
to a permission were references to an authorisation.
Hazardous Waste (Regulation of Exports and Imports) Act 1989
217 Section 54
Repeal the section.
218 Section 55
Repeal the section.
Health Insurance Act 1973
219 Subsection 124B(1) (paragraphs (d) and (e) of
the definition of relevant offence)
Repeal the paragraphs, substitute:
- (d)
- an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1,
144.1, 145.1, 145.4 or 145.5 of the Criminal Code , being an offence relating
to a claim for payment in respect of the rendering of a professional service.
Health Insurance Commission Act 1973
220 Paragraphs 3A(2)(d) and (e)
Repeal
the paragraphs, substitute:
- (d)
- an offence against section 134.1, 134.2,
135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code
, being an offence relating to a claim for payment in respect of the rendering
of a professional service.
221 Paragraphs 3A(2A)(e) and (f)
Repeal the paragraphs, substitute:
- (e)
- an
offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1,
137.2, 145.2 or 145.3 of the Criminal Code , being an offence relating to a
claim for payment in respect of the rendering of a professional service.
Historic Shipwrecks Act 1976
222 Subsection 10(2)
Repeal the subsection,
substitute:
- (2)
- A person is guilty of an offence if the person:
- (a)
- is given a notice by the Minister under subsection (1); and
- (b)
- refuses or fails to comply with the notice to the extent that the person
is capable of complying with it.
Penalty: 20 penalty units.
223 At the end of subsection 10(3)
Add "or an
offence against section 137.1 or 137.2 of the Criminal Code that relates to
this section".
224 Subsection 17(3)
Repeal the subsection.
- Note: The
penalty at the end of section 17 does not form part of subsection 17(3).
225 Subsection 23(5)
Repeal the subsection, substitute:
- (5)
- A person must
not, without reasonable excuse, fail to comply with a requirement made of the
person by an inspector in the exercise of a power under this section.
Penalty: 20 penalty units.
226 Subsection 23(7)
Repeal the subsection.
227
Subsections 26(1) and (3)
Omit ", 13(3) or 23(7)", substitute "or 13(3)".
Home Deposit Assistance Act 1982
228 Subsections 61(1) and (2)
Repeal the
subsections.
229 Subsection 61(3)
Omit "this section", substitute "section
136.1 or 137.1 of the Criminal Code that relates to this Act".
Homes Savings Grant Act 1976
230 Subsection 50(1)
Repeal the subsection.
231 Subsection 50(2)
Omit "subsection (1)", substitute "section 136.1 or
137.1 of the Criminal Code that relates to this Act".
Human Rights and Equal Opportunity Commission Act 1986
232 Section 25
Repeal
the section.
233 At the end of section 26
Add:
- Note: Sections 136.1, 137.1
and 137.2 of the Criminal Code deal with making false or misleading
statements, giving false or misleading information and producing false or
misleading documents.
234 Section 33
Omit "25,".
Immigration (Guardianship of Children) Act 1946
235 Section 10
Repeal the section, substitute:
10 False statements in
applications
For the purposes of section 136.1 of the Criminal Code , an application made
for the purposes of this Act is taken to be an application for a benefit.
Imported Food Control Act 1992
236 Subsection 3(1) (definition of forging)
Repeal the definition.
237 Subsection 3(1) (definition of uttering)
Repeal
the definition.
238 Section 18 (note)
Repeal the note.
239 Section 19
(note)
Repeal the note.
240 At the end of Division 2 of Part 2
Add:
19A
Forging and uttering
Forging
- (1)
- For the purposes of this Division, a
person is taken to have forged a document if the person:
- (a)
- makes a document which is false, knowing it to be false; or
- (b)
- without authority, alters a genuine document in a material particular;
with intent that:
- (c)
- the false or altered document may be used, acted on, or accepted, as
genuine, to the prejudice of another person; or
- (d)
- another person may, in the belief that it is genuine, be induced to do or
refrain from doing an act, whether in Australia or elsewhere.
- (2)
- For the purposes of this Division, if a person:
- (a)
- makes a document which is false, knowing it to be false; or
- (b)
- without authority, alters a genuine document in a material particular;
with intent that a computer, a machine or other device should respond to the
false or altered document as if it were genuine:
- (c)
- to the prejudice of another person; or
- (d)
- with the result that another person would be induced to do or refrain from
doing an act, whether in Australia or elsewhere;
the first-mentioned person is taken to have forged the document.
Uttering
- (3)
- For the purposes of this Division, a person is taken to utter a
forged document if the person:
- (a)
- uses or deals with it; or
- (b)
- attempts to use or deal with it; or
- (c)
- attempts to induce another person to use, deal with, act upon, or accept
it.
241 Subsection 30(6)
Repeal the subsection.
Income Tax Assessment Act 1936
242 Section 251A (paragraphs (a) and (b) of the definition of serious taxation
offence)
Repeal the paragraphs, substitute:
- (a)
- an offence against section
134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code , being an offence
that relates to a tax liability within the meaning of the
Taxation Administration Act 1953 ; or
Industrial Chemicals (Notification and Assessment) Act 1989
243 Section 81
Repeal the section.
Industrial Research and Development Incentives Act 1976
244 Section 37
Repeal the section.
Industry Research and Development Act 1986
245 Subsections 44(1), (2), (3),
(4) and (5)
Repeal the subsections.
246 Subsection 44(6)
Omit "or arising
out of subsection (1) and an offence against or arising out of subsection
(2)", substitute "section 135.2 of the Criminal Code and an offence against
section 136.1, 137.1 or 137.2 of the Criminal Code ".
247 Subsections 44(8),
(9) and (10)
Repeal the subsections.
Inspector-General of Intelligence and Security Act 1986
248 After paragraph
18(6)(c)
Insert:
- (ca)
- an offence against section 137.1 of the Criminal Code
that relates to this section; or
249 Subsection 18(8)
Repeal the subsection.
Insurance Acquisitions and Takeovers Act 1991
250 Subsection 73(2)
Omit
"subsections (5), (6), (7), (8) and (9)", substitute "subsections (5) and (9)
of this section and sections 137.1 and 137.2 of the Criminal Code ".
251
Subsections 73(6), (7) and (8)
Repeal the subsections.
252 Subsection 73(9)
Omit "proceedings under, or arising out of, this section", substitute "a
prosecution for an offence against this section or an offence against section
137.1 or 137.2 of the Criminal Code that relates to this section".
253
Section 74
Repeal the section.
Insurance Act 1973
254 Subsection 22(5)
Repeal the subsection.
- Note: The penalty at the end of section 22 does not
form part of subsection 22(5).
255 Subsection 49C(3)
Repeal the subsection.
256 Subsection 56(1)
Repeal
the subsection, substitute:
- (1)
- A person is guilty of an offence if:
- (a)
- a requirement of APRA or the inspector under section 55 is applicable to
the person; and
- (b)
- the person refuses or fails to comply with the requirement to the extent
to which the person is able to comply with it.
Penalty: Imprisonment for 3 months.
257 Subsection 56(2)
Omit all the words
after "other than", substitute: a prosecution for:
- (a)
- an offence against subsection (1); or
- (b)
- an offence against section 137.1 or 137.2 of the Criminal Code that
relates to this section.
258 Subsection 80(4)
Repeal the subsection.
259 Subsection 82(2)
Repeal the
subsection.
260 Subsection 82(4)
Omit all the words after "other than",
substitute "a prosecution for an offence against section 137.1 or 137.2 of the
Criminal Code that relates to section 81".
261 Section 128
Omit "80(4),
82(1), 82(2)," (wherever occurring), substitute "82(1),".
Insurance (Agents and Brokers) Act 1984
262 Subsection 34A(9)
Repeal the
subsection.
263 Subsection 34P(5)
Repeal the subsection.
Interstate Road Transport Act 1985
264 Paragraph 19(3)(a)
Omit "section 47",
substitute "section 137.1 of the Criminal Code ".
265 Paragraph 45(4)(a)
Omit "section 47", substitute "section 137.1 of the Criminal Code ".
266
Section 47
Repeal the section.
267 Section 53
Omit "39 or against section
40, 41, 44, 45 or 47" (wherever occurring), substitute "39 of this Act or an
offence against section 40, 41, 44 or 45 of this Act or an offence against
section 137.1 of the Criminal Code that relates to this Act".
Life Insurance Act 1995
268 Section 249
Repeal the section.
Marriage Act 1961
269 Section 96
Repeal the section.
270 Section 97
Repeal
the section.
271 Subsections 98(1) and (1A)
Repeal the subsections.
- Note:
The heading to section 98 is replaced by the heading " Contravention of
subsection 13(3) ".
272 Section 102
Repeal the section.
273 Subsection 108(1)
Omit "sections
96, 97 and 98", substitute "section 98".
Meat Export Charge Collection Act 1984
274 Subsection 12(8)
Repeal the
subsection.
Meat Inspection Act 1983
275 Section 27
Repeal the section.
Migration Act 1958
276 Subsection 5(1) (at the end of the definition of
offence against this Act)
Add:
; and (f) an offence against section 137.1, 137.2 or 149.1 of the Criminal
Code that relates to this Act.
277 Subsection 18(2)
Omit "section 21, 22 and 23", substitute "section 21 of
this Act and sections 137.1 and 137.2 of the Criminal Code ".
278 Section 22
Repeal the section.
279 Section 23
Repeal the section.
280 Section 24
Omit
all the words after "other than", substitute: a prosecution for:
- (c)
- an offence against, or arising out of, this Division; or
- (d)
- an offence against section 137.1 or 137.2 of the Criminal Code that
relates to this Division.
281 Subsection 137(9)
Repeal the subsection.
282 Subsection 308(4)
Omit
"section 487", substitute "section 137.1 or 137.2 of the Criminal Code that
relates to this Act or the regulations".
283 Section 487
Repeal the section.
284 At the end of section 493
Add:
- (9)
- Part 2.5 of the Criminal Code does
not apply to an offence against this Act or the regulations.
- Note: Part 2.5 of the Criminal Code deals with corporate criminal
responsibility.
Motor Vehicle Standards Act 1989
285 Section 31
Repeal the section.
National Health Act 1953
286 Paragraph 103(5)(c)
Repeal the paragraph.
National Occupational Health and Safety Commission Act 1985
287 Subsections
62(3) and (4)
Repeal the subsections.
288 Subsection 62(6)
Omit all the
words after "except in", substitute "a prosecution for an offence against
section 137.1 or 137.2 of the Criminal Code that relates to this section".
Native Title Act 1993
289 Subsection 203DF(8)
Omit "sections 70, 72, 73, 74
and 75", substitute "section 70".
290 At the end of section 203DF
Add:
Auditor or investigator taken to be a Commonwealth public official
- (9)
- To
avoid doubt, a person appointed under subsection (1) of this section is taken,
for the purposes of the Criminal Code , to be a Commonwealth public official.
Navigation Act 1912
291 Section 160
Repeal the section, substitute:
160
Giving false evidence in connection with deceased seamen's property
A person is guilty of an offence if:
- (a)
- the person gives false evidence; and
- (b)
- the person knows that the evidence is false; and
- (c)
- the person does so for the purpose of obtaining, either for himself,
herself or for another person, any property of a deceased seaman.
Penalty: 20 penalty units or imprisonment for 12 months, or both.
292
Paragraphs 386(a) and (b)
Repeal the paragraphs.
293 Paragraph 386(e)
Repeal the paragraph.
294 Section 387
Repeal the section, substitute:
387
Hindering or interfering with masters or officers
A person is guilty of an offence if the person, by violence, threat or
intimidation, hinders or interferes with:
- (a)
- the master of a ship; or
- (b)
- an officer of a ship;
in the performance of the master's or officer's duty in relation to the
maintenance of the discipline on board the ship.
Penalty: 50 penalty units or imprisonment for 2 years, or both.
295
Subsections 389A(1) and (2)
Repeal the subsections.
296 Subsection 389A(3)
Omit "subsection (1)", substitute "section 137.1, 144.1, 145.1 or 145.2 of the
Criminal Code ".
297 Paragraph 389A(5)(b)
Omit "subsection (1)", substitute
"section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code ".
Northern Territory (Self-Government) Act 1978
298 Section 52
Repeal the
section.
Nuclear Non-Proliferation (Safeguards) Act 1987
299 Subsection
31(2)
Omit "section 76 of the Crimes Act 1914 ", substitute "section 147.1 or
149.1 of the Criminal Code ".
Occupational Health and Safety (Commonwealth Employment) Act 1991
300
Subsection 43(3)
Repeal the subsection.
Occupational Health and Safety (Maritime Industry) Act 1993
301 Subsection
90(3)
Repeal the subsection.
Offshore Minerals Act 1994
302 Subsection
328(1) (note 2)
Repeal the note, substitute:
- Note 2: Section 145.4 of the
Criminal Code deals with offences in relation to the proper keeping of the
register (for example, falsification of documents).
303 Subsection 405(2)
Omit "contains", substitute "and the Criminal Code
contain".
304 Subsection 405(2) (note 2)
Repeal the note, substitute:
- Note
2: See Parts 7.3 and 7.4 of the Criminal Code (which deal with fraudulent
conduct and false or misleading statements). Those Parts are relevant to
statements made in applications under this Act and statements made in
documents that are relevant to the calculation of fees (for example, fees
payable under the Registration Fees Act for transfers and other dealings).
305 Subsection 405(2) (note 4)
Repeal the note, substitute:
- Note 4: See
section 145.4 of the Criminal Code for a general offence relating to the
falsification of documents kept for the purposes of a law of the Commonwealth.
This offence is relevant to offshore mining registers.
306 Subsection 405(2) (note 5)
Omit all the words after "(giving false
testimony)".
307 At the end of section 405
Add:
- Note 7: See also section
149.1 of the Criminal Code , which deals with obstruction of Commonwealth
public officials.
Ombudsman Act 1976
308 Paragraph 9(4)(d)
Omit "section 36", substitute
"section 36 of this Act or an offence against section 137.1, 137.2 or 149.1 of
the Criminal Code that relates to this Act".
309 Subsection 36(2)
Repeal the
subsection.
Passenger Movement Charge Collection Act 1978
310 Subsection
8(2)
Repeal the subsection.
Passports Act 1938
311 Subsection 5(3)
Omit
"9B (other than paragraph (f)),", substitute "9B (other than paragraph (b)),".
312 Subsection 5(4)
Omit "or 9B(f)", substitute "or 9B(b)".
313 Section 9B
Repeal the section, substitute:
9B Falsifying foreign passports etc.
A person is guilty of an offence if the person:
- (a)
- within Australia, falsifies a passport issued by or on behalf of the
government of a foreign country; or
- (b)
- within Australia, makes a document that is false within intent that the
false document may be used, acted on or accepted as if it were a passport
issued by or on behalf of the government of a foreign country.
Penalty: Imprisonment for 7 years.
Petroleum Excise (Prices) Act 1987
314
Subsection 6(3)
Repeal the subsection.
- Note: The penalty at the end of
section 6 does not form part of subsection 6(3).
315 Subsection 10(6)
Omit "subsection (8)", substitute "section 137.1 of the
Criminal Code that relates to this section".
316 Subsection 10(8)
Repeal the
subsection.
Pooled Development Funds Act 1992
317 At the end of section 47
Add:
- (4)
- The reference in subsection (1) to a provision of this Act includes
a reference to section 136.1, 137.1 or 137.2 of the Criminal Code , in so far
as that section relates to this Act.
318 Section 52
Repeal the section.
Prawn Export Promotion Act 1995
319
Paragraph 22(2)(a)
Omit "or (3)", substitute "of this section or an offence
against section 137.1 or 137.2 of the Criminal Code that relates to this Act".
320 Subsection 22(3)
Repeal the subsection.
Prices Surveillance Act 1983
321 Subsection 32(2)
Repeal the subsection, substitute:
- (2)
- A person is
guilty of an offence if:
- (a)
- the person is subject to a notice under subsection (1); and
- (b)
- the person, without reasonable excuse, refuses or fails to comply with the
notice.
Penalty: 20 penalty units.
322 At the end of section 32
Add:
- Note:
Sections 137.1 and 137.2 of the Criminal Code deal with false or misleading
information and documents.
Primary Industries Levies and Charges Collection Act 1991
323 Paragraph
24(2)(a)
Omit "or (3)", substitute "of this section or an offence against
section 137.1 or 137.2 of the Criminal Code that relates to this Act".
324
Subsection 24(3)
Repeal the subsection.
Proceeds of Crime Act 1987
324A
After subsection 4(3)
Insert:
- (3A)
- For the purposes of this Act, in
determining whether a person has derived substantial benefit from the
commission of 2 or more public fraud offences, have regard to the aggregate of
the benefits derived by the person from the commission of those offences.
324B Subsection 7(1)
Insert: public fraud offence means any of the
following:
- (a)
- an offence against section 134.1, 134.2, 135.1 or 135.4 of the
Criminal Code ;
- (b)
- an offence against repealed section 29D or 86A of the Crimes Act
committed after the commencement of this Act;
- (c)
- an offence against section 5, 6, 7 or 8 of the Crimes (Taxation
Offences) Act 1980 committed after the commencement of this Act;
- (d)
- an ancillary offence in relation to an offence covered by
paragraph (b) or (c).
- Note: The heading to section 7 of the Proceeds of Crime Act 1987 is
altered by inserting " public fraud offence and " after " Meaning of ".
324C Subsection 7(1) (definition of serious offence)
Repeal the definition,
substitute: serious offence means:
- (a)
- a serious narcotics offence; or
- (b)
- a money laundering offence in relation to the proceeds of a serious
narcotics offence; or
- (c)
- an ancillary offence in relation to an offence covered by
paragraph (a) or (b); or
- (d)
- an offence that is the subject of a declaration under section 96A.
324D After subsection 7(1)
Insert:
- (1A)
- Paragraph (d) of the
definition of serious offence in subsection (1) has effect subject to
subsections 96A(2), (4) and (6).
325 Subsection 7(2) (definition of organised fraud offence)
Repeal the
definition .
325A At the end of section 7
Add:
- (3)
- To avoid doubt, express
references in this section to ancillary offences do not imply that
section 11.6 of the Criminal Code has no application to a particular
provision of this Act.
326 Subsection 34C(2) (definition of relevant offence)
Omit "under section
29A, 29B, 29C, 29D, 71, 86 or 86A of the Crimes Act 1914 ", substitute
"against section 131.1, 132.1, 132.6, 132.8, 134.1, 134.2, 135.1, 135.2,
135.4, 136.1, 137.1 or 137.2 of the Criminal Code ".
326A At the end of
subsection 73(4)
Add:
; or (d) both:
- (i)
- has committed, or is about to commit, 3 or more public fraud offences; and
- (ii)
- has derived, or is about to derive, substantial benefit from the
commission of any or all of those offences.
327 Division 2 of Part V
Repeal the Division.
328 Subsection 84(1)
Omit ",
83".
328A Before section 97
Insert:
96A Organised fraud orders
Convictions of public fraud offences
- (1)
- If:
- (a)
- a person has, at the same sitting, been convicted by a court of 3 or more
public fraud offences; and
- (b)
- the DPP applies to the court for an order under this subsection in
relation to each of those offences; and
- (c)
- the court is satisfied that the person has derived substantial benefit
from the commission of any or all of those offences;
the court must, by order, declare each of those offences to be a serious
offence.
- (2)
- A declaration under subsection (1) only has effect in relation to the
convictions concerned.
Charges and proposed charges of public fraud offences
- (3)
- If:
- (a)
- a person has been charged with 3 or more public fraud offences; and
- (b)
- the DPP applies to the relevant Supreme Court for an order under this
subsection in relation to each of those offences; and
- (c)
- the application for the order is supported by an affidavit of a police
officer stating that the officer believes that the person has derived
substantial benefit from the commission of any or all of those offences; and
- (d)
- the court is satisfied, having regard to the matters contained in the
affidavit, that there are reasonable grounds for holding that belief;
the court must, by order, declare each of those offences to be a serious
offence.
- (4)
- A declaration under subsection (3) only has effect in relation to the
charges concerned.
- (5)
- If:
- (a)
- a person is about to be charged with 3 or more public fraud offences; and
- (b)
- the DPP applies to the relevant Supreme Court for an order under this
subsection in relation to each of those offences; and
- (c)
- the application for the order is supported by an affidavit of a police
officer stating that the officer believes that the person has derived
substantial benefit from the commission of any or all of those offences; and
- (d)
- the court is satisfied, having regard to the matters contained in the
affidavit, that there are reasonable grounds for holding that belief;
the court must, by order, declare each of those offences to be a serious
offence.
- (6)
- A declaration under subsection (5) only has effect in relation to the
proposed charges concerned.
- (7)
- If:
- (a)
- a restraining order is granted in reliance on the charging, or proposed
charging, of a person with an ordinary indictable offence; and
- (b)
- the person is subsequently convicted of the offence; and
- (c)
- a court makes an order under subsection (1) in relation to the
offence;
this Act has effect as if the restraining order had been granted in reliance
on the charging, or proposed charging, of the person with a serious offence.
Protection of Movable Cultural Heritage Act 1986
329 After subsection 3(3)
Insert:
- (3A)
- A reference in this Act to an offence against this Act
includes a reference to an offence against section 148.1, 148.2, 147.1 or
149.1 of the Criminal Code that relates to this Act.
330 Section 44
Repeal the section.
331 Section 45
Repeal the section.
332
Subsection 46(1)
Omit "or section 45".
333 Subsection 46(2)
Omit "or 44".
334 Paragraph 46(4)(b)
Omit "or section 45".
Public Lending Right Act 1985
335 Subsection 22(1)
Repeal the subsection.
336 Subsection 22(2)
Omit
"subsection (1)", substitute "section 137.1 or 137.2 of the Criminal Code that
relates to this Act".
337 Subsection 22(2)
Omit "under that subsection".
338 Subsection 22(4)
Repeal the subsection.
Public Service Act 1999
339
Subsection 43(2)
Omit ", 34" (wherever occurring).
340 Subsection 50(2)
Omit ", 34" (wherever occurring).
Quarantine Act 1908
341 Subsection 70B(2)
(note)
Repeal the note, substitute:
- Note 1: It is an offence to fail to
answer a question asked under this subsection (see section 74C).
Note 2: It is an offence to give false or misleading information in answer to
a question asked under this subsection (see section 137.1 of the Criminal Code
).
342 Subsection 70B(3) (note)
Repeal the note, substitute:
- Note 1: It is an
offence to fail to produce a document (see section 74C).
Note 2: It is an offence to produce a document knowing that the document is
false or misleading unless the document is accompanied by a written statement
acknowledging that the document is false or misleading (see section 137.2 of
the Criminal Code ).
343 Subsections 74C(3) and (4)
Repeal the subsections.
- Note: The note at
the end of section 74C does not form part of subsection (4).
344 Section 79
Repeal the section.
345 Paragraph 79A(2)(a)
Repeal the
paragraph, substitute:
- (a)
- any criminal proceedings other than a proceeding
for:
- (i)
- an offence against subsection 27A(6) or (7), 27B(5) or (6), 28(8) or (9);
or
- (ii)
- an offence against section 137.2 of the Criminal Code that relates to
this Act; or
346 Section 81
Repeal the section.
Racial Discrimination Act 1975
347
Subsection 27D(1)
Omit all the words after "other than", substitute "a
prosecution for an offence against section 137.1 or 137.2 of the Criminal Code
that relates to this Act".
348 Section 27E
Repeal the section.
Radiocommunications Act 1992
349 After subsection 11(1)
Insert:
- (1A)
- A
reference in this Act to an offence against this Act includes a reference to
an offence against section 136.1 or 137.1 of the Criminal Code that relates to
this Act.
350 Subparagraph 124(3)(b)(iv)
Omit "section 302 or".
351 After subparagraph
124(3)(b)(iv)
Insert:
- (iva)
- whether the operator has been convicted of an
offence against section 136.1 or 137.1 of the Criminal Code that relates to
this Act;
352 Subparagraph 171(3)(b)(ii)
Omit "or 302".
353 At the end of paragraph
171(3)(b)
Add:
; and (iii) whether or not the holder of the permit or an agent of the holder
has been convicted of an offence against section 136.1 or 137.1 of the
Criminal Code that relates to this Act.
354 Subsection 210(6)
Omit "section 302", substitute "section 136.1 or 137.1
of the Criminal Code that relates to this Act".
355 Section 302
Repeal the
section.
356 At the end of section 306
Add:
- (9)
- Part 2.5 of the Criminal
Code does not apply to an offence against this Act.
- Note: Part 2.5 of the Criminal Code deals with corporate criminal
responsibility.
Resource Assessment Commission Act 1989
357 Subsection 54(1)
Repeal the
subsection, substitute:
- (1)
- A person is guilty of an offence if:
- (a)
- at a hearing, the person gives evidence or produces a document; and
- (b)
- the person knows that the evidence or document is false or misleading in a
material particular.
Penalty: Imprisonment for 6 months.
358 Subsection 54(2)
Omit "gives it to
the Commission," (first occurring).
- Note: The heading to section 54 is
altered by omitting " or information " and substituting " or documents ".
Retirement Savings Accounts Act 1997
359 Section 145
Omit "paragraph
150(1)(b)", substitute "section 137.1 of the Criminal Code ".
360 Part 12
(heading)
Repeal the heading, substitute: 361 Section 148
Omit "the making
of false or misleading statements,".
362 Section 150
Repeal the section.
363 Sections 152 and 153
Repeal the sections.
Seat of Government (Administration) Act 1910
364 Section 7
Repeal the
section.
Secret Commissions Act 1905
365 The whole of the Act
Repeal the
Act.
Sex Discrimination Act 1984
366 Subsection 91(1)
Omit all the words
after "other than", substitute "a prosecution for an offence against section
137.1 or 137.2 of the Criminal Code that relates to this Act".
367 Section 93
Repeal the section.
Ships (Capital Grants) Act 1987
368 Subsection 29(2)
Omit "subsection (3)", substitute "section 137.2 of the Criminal Code ".
369
Subsection 29(3)
Repeal the subsection.
370 Subsections 30(1) and (2)
Repeal the subsections.
371 Subsections 30(4), (5) and (6)
Repeal the
subsections.
372 Subsection 30(7)
Repeal the subsection, substitute:
- (7)
- A
person must not be convicted of:
- (a)
- both an offence against section 135.2 of the Criminal Code and an offence
against or arising out of subsection 17(1) of this Act; or
- (b)
- both an offence against section 135.2 of the Criminal Code and an offence
against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for a grant.
373 Subsections 30(9), (10) and (11)
Repeal the subsections.
374 Subsection
32(1)
Omit "or 30(1) or (2)", substitute "of this Act or an offence against
section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this
Act".
375 Subsection 32(1)
Omit "under that subsection".
Spirits Act 1906
376 Section 8
Repeal the section.
Stevedoring Industry Levy Collection Act 1977
377 Section 8B
Repeal the
section, substitute:
8B Compliance with section 8A requirements
A person must not intentionally or recklessly fail to comply with the
requirements of section 8A.
Penalty: 20 penalty units.
378 Subsection 9(1)
Repeal the subsection,
substitute:
- (1)
- A person must not refuse or fail to furnish a return or
information that the person is required under section 6 to furnish.
Penalty: 30 penalty units.
379 Subsection 10(5)
Repeal the subsection.
Student Assistance Act 1973
380 Subsection 49(1)
Repeal the subsection,
substitute:
- (1)
- A person must not, without reasonable excuse, contravene
section 48.
Penalty: Imprisonment for 12 months.
381 Subsection 49(2)
After "subsection
(1)", insert "of this section or an offence against section 135.2, 136.1,
137.1 or 137.2 of the Criminal Code that relates to this Act".
Superannuation Act 1976
382 Subsection 163A(2)
Omit "subsections (3), (4)
and (5)", substitute "subsections (3) and (5) of this section and section
137.2 of the Criminal Code ".
383 Subsection 163A(4)
Repeal the subsection.
384 Paragraphs 163A(5)(a) and (b)
Repeal the paragraphs, substitute:
- (a)
- in
the case of an individual—in any criminal proceedings other than:
- (i)
- proceedings under, or arising out of, this section; or
- (ii)
- a prosecution for an offence against section 137.1 of the Criminal Code
that relates to this section; or
- (b)
- in the case of a body corporate—in any criminal proceedings other
than:
- (i)
- proceedings under, or arising out of, this Act, the superseded Act or
regulations under either Act; or
- (ii)
- a prosecution for an offence against the Criminal Code that relates to
this Act.
385 Subsections 167(1), (1A) and (2)
Repeal the subsections.
386 Subsection
167(3)
Omit "subsection (1)", substitute "section 135.2, 136.1, 137.1 or
137.2 of the Criminal Code that relates to this Act".
Superannuation Industry (Supervision) Act 1993
387 Section 299V
Omit
"paragraph 302(1)(b)", substitute "section 137.1 of the Criminal Code ".
388
Section 302
Repeal the section.
389 Section 304
Repeal the section.
390
Section 305
Repeal the section.
Sydney Airport Demand Management Act 1997
391 Subsection 62(4)
Omit "sections 29A and 29B of the Crimes Act 1914 ",
substitute "sections 134.1, 134.2, 135.1 and 135.2 of the Criminal Code ".
392 Subsection 62(4)
Omit "public authority under the Commonwealth",
substitute "Commonwealth entity".
393 Subsection 62(5)
Omit "sections 73 and
75 of the Crimes Act 1914 ", substitute "sections 141.1, 142.1, 142.2, 148.1
and 148.2 of the Criminal Code ".
394 Subsection 62(5)
Omit "Commonwealth
officers", substitute "Commonwealth public officials".
Taxation Administration Act 1953
395 Subsection 3E(11) (paragraph (c) of the
definition of tax-related offence)
Omit "section 29D or 86A of the
Crimes Act 1914 ", substitute "section 134.1, 134.2, 135.1, 135.2 or 135.4 of
the Criminal Code ".
396 Paragraph 8J(3)(c)
Omit "section 29D or 86A of the
Crimes Act 1914 ", substitute "section 134.1, 134.2, 135.1, 135.2 or 135.4 of
the Criminal Code ".
397 Section 8X
Repeal the section.
398 Paragraph
8Z(1)(d)
Omit "section 29D or 86A of the Crimes Act 1914 ", substitute
"section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code ".
Telecommunications (Interception) Act 1979
399 Paragraph 5D(4)(a)
Omit "or
83".
400 After paragraph 5D(4)(a)
Insert:
- (aa)
- section 135.3 of the
Criminal Code ;
Torres Strait Fisheries Act 1984
401 Subsection 3(1)
Insert: offence
against this Act includes an offence against section 136.1, 137.1, 137.2,
148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.
402 At the end of paragraphs 43(1)(a), (b), (c) and (ca)
Add "and".
403
Paragraph 43(1)(d)
Repeal the paragraph.
404 Paragraphs 43(1)(f) and (g)
Repeal the paragraphs.
405 Subsection 43(2)
Repeal the subsection.
406 At
the end of section 53A
Add:
- (4)
- Part 2.5 of the Criminal Code does not
apply to an offence against this Act or the regulations.
- Note: Part 2.5 of the Criminal Code deals with corporate criminal
responsibility.
407 Subsection 55(1)
Omit "subsection 43(2) or".
Veterans' Entitlements Act 1986
408 Subsection 54(7)
Repeal the subsection.
409 Subsection 54A(7)
Repeal the subsection.
410 Subsection 54AA(8)
Repeal
the subsection.
411 Subsection 127(5)
Repeal the subsection.
Wool Tax
(Administration) Act 1964
412 Section 27A
Repeal the section.
Workplace Relations Act 1996
413 Section 304
Repeal the section.
414
Section 304A
Repeal the section.
415 Section 305
Repeal the section,
substitute:
305 Non-compliance with requirement made by an inspector
A person is guilty of an offence if the person, without reasonable excuse,
contravenes a requirement made by an inspector under subparagraph 86(1)(b)(iv)
or subsection 86(2).
Penalty: Imprisonment for 6 months.
416 Section 305A
Repeal the section,
substitute:
305A Non-compliance with requirement made by an authorised
officer
A person is guilty of an offence if the person, without reasonable excuse,
contravenes a requirement made by an authorised officer under paragraph
83BH(4)(d) or subsection 83BH(5).
Penalty: Imprisonment for 6 months.
417 Section 306
Repeal the section.
418 Transitional—pre-commencement offences
(1) Despite the amendment or
repeal of a provision by this Schedule, that provision continues to apply,
after the commencement of this item, in relation to:
- (a)
- an offence
committed before the commencement of this item; or
- (b)
- proceedings for an offence alleged to have been committed before the
commencement of this item; or
- (c)
- any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not
limit the operation of section 8 of the Acts Interpretation Act 1901 .
419
Transitional—pre-commencement notices
If:
- (a)
- a provision in force
immediately before the commencement of this item required that a notice set
out the effect of one or more other provisions; and
- (b)
- any or all of those other provisions are repealed by this Schedule; and
- (c)
- the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not
affect the validity of such a notice that was given before the commencement of
this item.
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Commonwealth Numbered Acts