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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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