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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 4
- Australian Security Intelligence Organisation Act 1979
1 After section 4
Insert: 4A Application of the Criminal Code
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".
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