Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 27
- Family Law Act 1975
1 After section 7
Insert: 7A Application of the Criminal Code
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,".
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback