Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 32

1 At the end of Part I

6A 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 After subsection 14(7)

(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)

4 After subsection 23(2)

(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

6 At the end of section 46PL

(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)

8 After subsection 46PM(1)

(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)

10 Subsection 49(1)

11 At the end of subsection 49(3)

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)

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)

(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 ).