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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 41

- Proceeds of Crime Act 1987

1 At the end of Part I

Add:

13A 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 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".



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