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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Agriculture,
Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Bill
2001
No. ,
2001
(Agriculture, Fisheries and
Forestry)
A Bill for an Act relating to the
application of the Criminal Code to certain offences, and for related
purposes
ISBN: 0642 459770
Contents
Agricultural and Veterinary Chemical Products (Collection of Interim
Levy) Act
1994 3
Agricultural and Veterinary Chemical Products (Collection of Levy) Act
1994 5
Agricultural and Veterinary Chemicals (Administration) Act
1992 6
Agricultural and Veterinary Chemicals Code Act
1994 10
Australian Meat and Live-stock Industry Act
1997 23
Australian Wine and Brandy Corporation Act
1980 24
Biological Control Act
1984 26
Dairy Produce Act
1986 27
Export Control Act
1982 30
Export Inspection and Meat Charges Collection Act
1985 33
Farm Household Support Act
1992 34
Fisheries Management Act
1991 36
Horticulture Marketing and Research and Development Services (Repeals
and Consequential Provisions) Act
2000 41
Imported Food Control Act
1992 41
Loan (Income Equalization Deposits) Act
1976 43
Meat Inspection Act
1983 43
Plant Breeder’s Rights Act
1994 45
Primary Industries Levies and Charges Collection Act
1991 46
Torres Strait Fisheries Act
1984 47
Wheat Marketing Act
1989 50
A Bill for an Act relating to the application of the
Criminal Code to certain offences, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Agriculture, Fisheries and Forestry
Legislation Amendment (Application of Criminal Code) Act 2001.
This Act commences on the 28th day after the day on which it receives the
Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
(1) Each amendment made by this Act applies to acts and omissions that
take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to
have taken place between 2 dates, one before and one on or after the day on
which a particular amendment commences, the act or omission is alleged to have
taken place before the amendment commences.
Agricultural and
Veterinary Chemical Products (Collection of Interim Levy) Act
1994
1 Subsection 3(1) (definition of offence
against this Act)
Repeal the definition, substitute:
offence against this Act includes an offence
against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against this Act.
2 After section 6
Insert:
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.
3 Subsection 12(2)
Omit “, without reasonable excuse,”.
4 After subsection 12(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
(2B) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
5 Subsection 17(2)
Omit “, without reasonable excuse,”.
6 At the end of
section 17
Add:
(3) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
(4) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
7 Subsection 18(4)
Omit “unless the person has a reasonable excuse for not doing
so,”.
8 At the end of
section 18
Add:
(5) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
(6) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
9 Subsection 21(3)
Omit “, without reasonable excuse,”.
10 At the end of
section 21
Add:
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
(5) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
11 At the end of
section 34
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
Agricultural and
Veterinary Chemical Products (Collection of Levy) Act
1994
12 Section 3 (definition of offence
against this Act)
Repeal the definition, substitute:
offence against this Act includes an offence
against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against this Act.
13 After section 5
Insert:
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.
14 Subsection 15(2)
Omit “, without reasonable excuse,”.
15 After subsection 15(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
(2B) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
16 Subsection 20(3)
Omit “, without reasonable excuse,”.
17 At the end of
section 20
Add:
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
(5) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
18 Subsection 23(3)
Omit “, without reasonable excuse,”.
19 At the end of
section 23
Add:
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
(5) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
20 At the end of
section 36
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
Agricultural and
Veterinary Chemicals (Administration) Act 1992
21 At the end of
Part 1
Add:
Chapter 2 (other than Part 2.5) 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.
22 Subsection 69B(1)
Omit “Except with the consent in writing of the NRA, a person must
not, without reasonable excuse:”, substitute “A person must
not:”.
23 After subsection 69B(1)
Insert:
(1A) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) Subsection (1) does not apply if the person has the NRA’s
written consent.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1B). See subsection 13.3(3) of the Criminal
Code.
(1C) In subparagraph (1)(a)(i), strict liability applies to the
physical element of circumstance, that the active constituent is neither an
approved active constituent nor an exempt active constituent.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(1D) In subparagraph (1)(a)(ii), strict liability applies to the
physical element of circumstance, that the chemical product is neither a
registered chemical product nor an exempt chemical product.
Note: For strict liability, see section 6.1 of the
Criminal Code.
24 Subsection 69C(5)
Omit “, without reasonable excuse,”.
25 After subsection 69C(5)
Insert:
(5A) Subsection (5) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
(5B) In subsection (5), strict liability applies to the physical
element of circumstance, that the condition or restriction that the conduct
contravenes is a condition or restriction prescribed by a regulation made for
the purposes of subsection (1).
Note: For strict liability, see section 6.1 of the
Criminal Code.
26 After subsection 69E(2)
Insert:
(2A) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
27 At the end of
section 69EA
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
28 Subsection 69EB(6)
Omit “, without reasonable excuse,”.
29 At the end of
section 69EB
Add:
(7) Subsection (6) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7). See subsection 13.3(3) of the Criminal
Code.
(8) An offence under subsection (6) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
30 Subsection 69EN(3)
Omit “, without reasonable excuse,”.
31 At the end of
section 69EN
Add:
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
(5) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
32 Subsection 69EP(6)
Omit “, without reasonable excuse,”.
33 After subsection 69EP(6)
Insert:
(6A) Subsection (6) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6A). See subsection 13.3(3) of the Criminal
Code.
(6B) An offence under subsection (6) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
34 Subsection 69EP(7)
Omit “, without reasonable excuse,”.
35 After subsection 69EP(7)
Insert:
(7A) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7A). See subsection 13.3(3) of the Criminal
Code.
36 Subsection 69F(5)
Omit “unless the person has a reasonable excuse for not doing
so,”.
37 After subsection 69F(5)
Insert:
(5A) Subsection (5) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
(5B) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
Agricultural and
Veterinary Chemicals Code Act 1994
38 Paragraphs 5(4)(a) and
(b)
Repeal the paragraphs, substitute:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
39 At the end of Part 1 of the
Schedule
Add:
Chapter 2 (other than Part 2.5) of the Criminal Code
applies to all offences against this Code.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
40 After subsection 26(1) of the
Schedule
Insert:
(1A) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
41 After subsection 32(3) of the
Schedule
Insert:
(3A) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
42 After subsection 33(2) of the
Schedule
Insert:
(2A) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
43 Paragraph 55(4)(b) of the
Schedule
Omit “for the purpose”, substitute “with the
intention”.
44 After subsection 55(6) of the
Schedule
Insert:
(6A) In paragraph (4)(a), strict liability applies to the physical
element of circumstance, that the publishing of the notice was under this
section.
Note: For strict liability, see section 6.1 of the
Criminal Code.
45 At the end of section 61 of the
Schedule
Insert:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
46 Subsection 70(5) of the
Schedule
Omit “unless that secondary applicant has a reasonable excuse for
failing to do so”.
47 After subsection 70(5) of the
Schedule
Insert:
(5A) Subsection (5) does not apply if the secondary applicant has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
(5B) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
48 Subsection 74(1) of the
Schedule
Omit “for the purpose”, substitute “with the
intention”.
Note: The heading to section 74 is amended by omitting
“for the purpose” and substituting “with the
intention”.
49 At the end of subsection 74(1) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to the matters in paragraphs (1)(a) to (d). See subsection 13.3(3) of the
Criminal Code.
50 At the end of subsection 74(3) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (3). See section 13.4 of the Criminal
Code.
51 Subsection 75(1) of the
Schedule
Omit “for the purpose”, substitute “with the
intention”.
Note: The heading to section 75 is amended by omitting
“for the purpose” and substituting “with the
intention”.
52 At the end of subsection 75(1) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to the matters in paragraphs (1)(a) to (c). See subsection 13.3(3) of the
Criminal Code.
53 At the end of subsection 75(3) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (3). See section 13.4 of the Criminal
Code.
54 At the end of subsection 76(1) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to the matters in paragraphs (1)(a) to (c). See subsection 13.3(3) of the
Criminal Code.
55 At the end of subsection 76(3) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (3). See section 13.4 of the Criminal
Code.
56 At the end of subsection 77(1) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to establishing that the supply is in accordance with the conditions or is
authorised by a permit. See subsection 13.3(3) of the Criminal
Code.
57 At the end of subsection 77(2) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (2). See section 13.4 of the Criminal
Code.
58 At the end of subsection 78(1) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to the matters in paragraphs (1)(a) to (c). See subsection 13.3(3) of the
Criminal Code.
59 At the end of subsection 78(3) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (3). See section 13.4 of the Criminal
Code.
60 At the end of subsection 79(1) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to establishing that the supply is in accordance with the conditions or is
authorised by a permit. See subsection 13.3(3) of the Criminal
Code.
61 At the end of subsection 79(2) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (2). See section 13.4 of the Criminal
Code.
62 At the end of subsection 80(1) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to establishing that the supply is authorised by a permit. See subsection
13.3(3) of the Criminal Code.
63 At the end of subsection 80(2) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (2). See section 13.4 of the Criminal
Code.
64 At the end of subsection 81(1) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to establishing that the supply is authorised by a permit. See subsection
13.3(3) of the Criminal Code.
65 At the end of subsection 81(2) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (2). See section 13.4 of the Criminal
Code.
66 Subsection 82(1) of the
Schedule
Omit “Except with the written consent of an inspector, a
person”, substitute “A person”.
67 After subsection 82(1) of the
Schedule
Insert:
(1A) Subsection (1) does not apply if the person had the written
consent of an inspector to engage in the conduct concerned.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
68 At the end of subsection 82(2) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (2). See section 13.4 of the Criminal
Code.
69 At the end of section 82 of the
Schedule
Add:
(3) In subsection (1), strict liability applies to the physical
element of circumstance, that, in opening the container, the inspector was
acting under paragraph 131(1)(f).
Note: For strict liability, see section 6.1 of the
Criminal Code.
70 Section 83 of the
Schedule
Omit “, without reasonable excuse,”.
71 At the end of section 83 of the
Schedule
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
72 Subsection 84(1) of the
Schedule
Omit “Except to the extent that the person is authorised by a permit,
a person must not, without reasonable excuse,”, substitute “A person
must not”.
73 At the end of section 84 of the
Schedule
Add:
(3) Subsection (1) does not apply to the extent that the person is
authorised by a permit to engage in the conduct concerned.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
(4) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
74 Subsection 85(1) of the
Schedule
Omit “Except to the extent that the person is authorised by a permit,
a person”, substitute “A person”.
75 Subsection 85(1) of the
Schedule
Omit “without reasonable excuse,”.
76 At the end of section 85 of the
Schedule
Add:
(3) Subsection (1) does not apply to the extent that the person is
authorised by a permit to engage in the conduct concerned.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
(4) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
(5) In subsection (1), strict liability applies to the physical
element of circumstance, that it is the regulations that require an expiry date
to be contained on a label attached to a container of the product.
Note: For strict liability, see section 6.1 of the
Criminal Code.
77 Subsection 86(1) of the
Schedule
Omit “, without reasonable excuse,”.
78 At the end of section 86 of the
Schedule
Add:
(3) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
79 Subsection 87(2) of the
Schedule
Omit “Except to the extent that the person concerned is authorised by
a permit, a person must not, without reasonable excuse,”, substitute
“A person must not”.
80 At the end of section 87 of the
Schedule
Add:
(3) Subsection (2) does not apply to the extent that the conduct is
authorised by a permit.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
(4) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
81 At the end of subsection 88(2) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to the matters in paragraphs (2)(c) and (d). See subsection 13.3(3) of the
Criminal Code.
82 At the end of subsection 88(3) of the
Schedule
Add:
Note: The defendant bears a legal burden in relation to the
matter in subsection (3). See section 13.4 of the Criminal
Code.
83 Subsection 89(1) of the
Schedule
Omit “, without reasonable excuse,”.
84 At the end of section 89 of the
Schedule
Add:
(6) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6). See subsection 13.3(3) of the Criminal
Code.
(7) In paragraph (1)(f), strict liability applies to the physical
element of circumstance, that the particular qualities concerned were prescribed
by the regulations for the purposes of that paragraph.
Note: For strict liability, see section 6.1 of the
Criminal Code.
85 Section 90 of the
Schedule
Omit “unless the person has a reasonable excuse for not doing
so”.
86 At the end of section 90 of the
Schedule
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) In subsection (1), strict liability applies to the physical
element of circumstance, that the relevant matter is prescribed by the
regulations.
Note: For strict liability, see section 6.1 of the
Criminal Code.
87 Subsection 91(1) of the
Schedule
Omit “Except to the extent that the person is otherwise authorised by
a permit, a person must not, without reasonable excuse,”, substitute
“A person must not”.
88 After subsection 91(1) of the
Schedule
Insert:
(1A) Subsection (1) does not apply to the extent that the
person’s conduct is otherwise authorised by a permit.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1B). See subsection 13.3(3) of the Criminal
Code.
(1C) In subsection (1), strict liability applies to the physical
elements of circumstance, that:
(a) the NRA has not approved the relevant matter as mentioned in
paragraph (1)(a); and
(b) an expiry date was required to be contained on the label as a
condition of the registration of the product.
Note: For strict liability, see section 6.1 of the
Criminal Code.
89 Subsection 91(2) of the
Schedule
Omit “without reasonable excuse,”.
90 At the end of section 91 of the
Schedule
Add:
(3) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
91 Subsection 92(1) of the
Schedule
Omit “, without reasonable excuse,”.
92 At the end of section 92 of the
Schedule
Add:
(3) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
93 Section 94 of the
Schedule
Omit “, without reasonable excuse,”.
94 At the end of section 94 of the
Schedule
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
95 Section 95 of the
Schedule
Omit “, without reasonable excuse,”.
96 At the end of section 95 of the
Schedule
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
97 After subsection 97(2) of the
Schedule
Insert:
(2A) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
98 Subsection 97(6) of the
Schedule
Omit “without reasonable excuse,”.
99 After subsection 97(6) of the
Schedule
Insert:
(6A) Subsection (6) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6A). See subsection 13.3(3) of the Criminal
Code.
(6B) An offence under subsection (6) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
100 Subsection 99(5) of the
Schedule
Omit “, without reasonable excuse”.
101 After subsection 99(5) of the
Schedule
Insert:
(5A) Subsection (5) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
(5B) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
102 Section 105 of the
Schedule
Omit “, without reasonable excuse,”.
103 At the end of section 105 of the
Schedule
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
104 Subsections 121(3), (4) and (5) of the
Schedule
Omit “, without reasonable excuse,”.
105 At the end of section 121 of the
Schedule
Add:
(6) Subsections (3), (4) and (5) do not apply if the person has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6). See subsection 13.3(3) of the Criminal
Code.
(7) An offence under subsection (3), (4) or (5) is an offence of
strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
106 Subsection 131(8) of the
Schedule
Omit “, without reasonable excuse,”.
107 At the end of section 131 of the
Schedule
Add:
(9) Subsection (8) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (9). See subsection 13.3(3) of the Criminal
Code.
(10) An offence under subsection (8) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
108 Subsection 144(3) of the
Schedule
Omit “, without reasonable excuse,”.
109 At the end of section 144 of the
Schedule
Add:
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
(5) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
110 At the end of section 152 of the
Schedule
Add:
(3) For an offence that arises because of subsection (2), strict
liability applies to paragraphs (2)(a) and (b).
Note: For strict liability, see section 6.1 of the
Criminal Code.
111 Subsection 162(1) of the
Schedule
Omit “Except in the performance of functions or duties, or the
exercise of powers, under this Code, a person”, substitute “A
person”.
112 Subsection 162(1) of the
Schedule
Omit “intentionally or recklessly”.
113 After subsection 162(1) of the
Schedule
Insert:
(1A) Subsection (1) does not apply to the extent that the person
engages in the conduct in the performance of functions or duties, or the
exercise of powers, under this Code.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
114 At the end of subsection 162(7) of the
Schedule
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7). See subsection 13.3(3) of the Criminal
Code.
115 Subsection 162(8) of the
Schedule
Omit “Except for the purpose of providing advice to the NRA in
accordance with section 8 of the Agricultural and Veterinary Chemicals
(Administration) Act 1992 or making a recommendation to the NRA in
accordance with paragraph 111(1)(c), a person”, substitute “A
person”.
116 Subsection 162(8) of the
Schedule
Omit “intentionally or recklessly”.
117 After subsection 162(8) of the
Schedule
Insert:
(8A) Subsection (8) does not apply to conduct engaged in with the
intention of providing advice to the NRA in accordance with section 8 of
the Agricultural and Veterinary Chemicals (Administration) Act 1992 or
making a recommendation to the NRA in accordance with paragraph
111(1)(c).
Note: The defendant bears an evidential burden in relation
to the matter in subsection (8A). See subsection 13.3(3) of the Criminal
Code.
(8B) In subsection (8), strict liability applies to the physical
element of circumstance, that the disclosure was under
subsection (7).
Note: For strict liability, see section 6.1 of the
Criminal Code.
118 Subsection 162(9) of the
Schedule
Omit “intentionally or recklessly”.
119 After subsection 162(9) of the
Schedule
Insert:
(9A) In subsection (9), strict liability applies to the physical
elements of circumstance, that:
(a) the acquisition of the information by the first-mentioned person was
in the performance of functions or duties, or the exercise of powers, under this
Code; and
(b) the disclosure mentioned first in that subsection was made other than
under subsection (3) or (7).
Note: For strict liability, see section 6.1 of the
Criminal Code.
Australian Meat and
Live-stock Industry Act 1997
120 At the end of
section 47
Add:
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
121 At the end of
section 49
Add:
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
122 Subsection 51(2)
Omit “nature”, substitute “notice”.
Australian Wine and Brandy
Corporation Act 1980
123 After section 4A
Insert:
Chapter 2 (other than Part 2.5) 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.
124 After subsection 9(5)
Insert:
(5A) An offence under subsection (4) or (5) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
125 Paragraphs 39ZAAA(1)(a) and
(b)
Omit “knowingly or recklessly”, substitute
“intentionally”.
126 Subsection 39ZAB(1)
Omit “, without reasonable excuse,”.
127 After subsection
39ZAB(1)
Insert:
(1A) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
128 At the end of
section 39ZAB
Add:
(3) In subsection (1), strict liability applies to the physical
element of circumstance, that the notice is under section 39ZAA.
Note: For strict liability, see section 6.1 of the
Criminal Code.
129 At the end of
section 39ZB
Add:
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
130 Subsection 39ZH(2)
Omit “, without reasonable excuse,”.
131 After subsection
39ZH(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
(2B) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
132 Subsections 40C(1), (2) and
(3)
Omit “knowingly”, substitute
“intentionally”.
133 Subsections 40E(1), (2) and
(3)
Omit “knowingly”, substitute
“intentionally”.
134 Subsection 40H(2)
Omit “knowingly”, substitute
“intentionally”.
135 Subsection 42(2)
Omit “, without reasonable excuse,”.
136 After subsection 42(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
(2B) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
137 After subsection 44(1)
Insert:
(1A) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
138 Paragraph 44A(9)(b)
Repeal the paragraph, substitute:
(b) an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code, that relates to
this Act or the regulations.
139 After section 6
Insert:
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.
140 Section 43
Omit “, without reasonable excuse”.
141 At the end of
section 43
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
142 Section 45
Omit “, without reasonable excuse”.
143 At the end of
section 45
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
144 At the end of
Part I
Add:
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.
145 Subsection 54(1)
Omit “unless the person is a licensee”.
146 After subsection 54(1)
Insert:
(1A) Subsection (1) does not apply if the person is a
licensee.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
147 At the end of
section 54
Add:
(3) In subsection (2), strict liability applies to the physical
element of circumstance, that the regulations were made under subsection
52(1).
Note: For strict liability, see section 6.1 of the
Criminal Code.
148 Subsection 55(3)
Omit “, without reasonable excuse,”.
149 At the end of
section 55
Add:
(4) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
150 Subsection 113(1)
Omit “, without reasonable excuse,”.
151 After subsection 113(1)
Insert:
(1B) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1B). See subsection 13.3(3) of the Criminal
Code.
152 Subsection 113(3)
Omit “knowingly”, substitute
“intentionally”.
153 Subsection 113(3)
Omit “that is false or misleading in a material particular to a
person”, substitute “knowing that it is false or misleading in a
material particular, to a person”.
154 Subsection 119(2)
Omit “, except for the purposes of this Act or as otherwise required
by law”.
155 After subsection 119(4)
Insert:
(4A) Subsection (2) does not apply to conduct engaged in for the
purposes of this Act or as otherwise required by law.
Note: The defendant bears an evidential burden in relation
to the matters in subsections (2A), (2B), (3), (4) and (4A). See subsection
13.3(3) of the Criminal Code.
156 Subclause 16(9) of
Schedule 2
Omit “clause 134”, substitute “section 136.1 of
the Criminal Code”.
157 Subclause 16(9) of Schedule 2
(note)
Omit “Clause 134”, substitute “Section 136.1 of
the Criminal Code”.
158 Subclause 17(5) of
Schedule 2
Omit “clause 134”, substitute “section 136.1 of
the Criminal Code”.
159 Subclause 17(5) of Schedule 2
(note)
Omit “Clause 134”, substitute “Section 136.1 of
the Criminal Code”.
160 Paragraphs 38(6)(c), (d) and (e) of
Schedule 2
Repeal the paragraphs, substitute:
(c) section 136.1 of the Criminal Code;
(d) section 137.1 of the Criminal Code;
(e) section 137.2 of the Criminal Code.
161 Paragraph 40(2)(d) of
Schedule 2
Omit “clause 134, 135 or 136”, substitute
“section 136.1, 137.1 or 137.2 of the Criminal
Code”.
162 Paragraph 114(2)(e) of
Schedule 2
Omit “clause 135 or 136”, substitute
“section 137.1 or 137.2 of the Criminal Code”.
163 At the end of clause 116 of
Schedule 2
Add:
(2) In paragraph (1)(a), strict liability applies to the physical
element of circumstance, that the authorised person’s power is under
clause 115.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(3) In paragraph (1)(b), strict liability applies to the physical
element of circumstance, that the issue of the warrant was under
clause 118.
Note: For strict liability, see section 6.1 of the
Criminal Code.
164 After subclause 117(1) of
Schedule 2
Insert:
(1A) In subclause (1), strict liability applies to the physical
elements of circumstance, that:
(a) the authorised person’s power is under clause 115;
and
(b) the issue of the warrant was under clause 118.
Note: For strict liability, see section 6.1 of the
Criminal Code.
165 Clauses 132, 134, 135 and 136 of
Schedule 2
Repeal the clauses.
166 Section 3 (definition of offence
against this Act)
Repeal the definition, substitute:
offence against this Act includes an offence
against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against this Act.
167 After section 4
Insert:
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.
168 At the end of
section 6
Add:
(4) In subsection (1), strict liability applies to the physical
element of circumstance, that the requirement to give notice as mentioned in
that subsection is under the regulations.
Note: For strict liability, see section 6.1 of the
Criminal Code.
169 At the end of
section 7A
Add:
(3) In paragraphs (1)(a) and (2)(a), strict liability applies to the
physical element of circumstance, that the relevant prohibition is under the
regulations.
Note: For strict liability, see section 6.1 of the
Criminal Code.
170 At the end of
section 8
Add:
(7) In subsections (1), (2), (3) and (4), strict liability applies to
the physical element of circumstance, that the relevant prohibition is under the
regulations.
Note: For strict liability, see section 6.1 of the
Criminal Code.
171 At the end of
section 9
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
172 At the end of
section 11P
Add:
(5) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
173 At the end of
section 14
Add:
(2) In subsection (1), strict liability applies to the physical
element of circumstance, that the person’s conduct contravenes the
regulations.
Note: For strict liability, see section 6.1 of the
Criminal Code.
174 After subsection 15(1A)
Insert:
(1B) In subsections (1) and (1A), strict liability applies to the
physical element of circumstance, that the relevant goods are
prescribed.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(1C) In subsection (1A), strict liability applies to the physical
element of circumstance, that the giving of the notice is (or was) under
subsection 6(1).
Note: For strict liability, see section 6.1 of the
Criminal Code.
175 At the end of
section 21
Add:
(3) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
176 Subsection 24(1)
Omit “Except as approved in writing by the Secretary, the”,
substitute “The”.
177 After subsection 24(1)
Insert:
(1AA) Subsection (1) does not apply to conduct that is approved in
writing by the Secretary.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1AA). See subsection 13.3(3) of the
Criminal Code.
178 Subsection 24(1A)
Omit “, unless the supply of the goods or services has been approved
in writing by the Secretary under subsection (1)”.
179 After subsection 24(1A)
Insert:
(1B) Subsection (1A) does not apply if the supply of the goods or
services has been approved in writing by the Secretary under
subsection (1AA).
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1B). See subsection 13.3(3) of the Criminal
Code.
Export Inspection and Meat
Charges Collection Act 1985
180 After section 3B
Insert:
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.
181 After subsections 9(1) and
(1A)
Insert:
Penalty:
(a) in the case of a natural person—$1,000; or
(b) in the case of a body corporate—$5,000.
182 At the end of
section 9
Add:
(3) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
183 Subsection 10(1)
Omit “, without reasonable excuse,”.
184 After subsection 10(1)
Insert:
(1A) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
185 Subsection 15(8)
Omit “, without reasonable excuse,”.
186 After subsection 15(8)
Insert:
(8A) Subsection (8) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (8A). See subsection 13.3(3) of the Criminal
Code.
(8B) In subsection (8), strict liability applies to the physical
element of circumstance, that the authorized person is acting pursuant to
subsection (1) or (7) or to a warrant issued under
subsection (3).
Note: For strict liability, see section 6.1 of the
Criminal Code.
Farm Household Support Act
1992
187 At the end of
Part 1
Add:
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.
188 Subsection 41(5)
Omit “, without reasonable excuse, refuse or fail to comply with a
notice under subsection (1) to the extent that the person is capable of
complying with the notice”, substitute “refuse or fail to comply
with a notice under subsection (1)”.
189 After subsection 41(5)
Insert:
(5A) Subsection (5) does not apply to the extent that the person is
not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
(5B) Subsection (5) does not apply to the extent that the person has
a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5B). See subsection 13.3(3) of the Criminal
Code.
(5C) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
190 Subsection 42(5)
Omit “, without reasonable excuse, refuse or fail to comply with a
notice under subsection (1) to the extent that the person is capable of
complying with the notice”, substitute “refuse or fail to comply
with a notice under subsection (1)”.
191 After subsection 42(5)
Insert:
(5A) Subsection (5) does not apply to the extent that the person is
not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5A). See subsection 13.3(3) of the Criminal
Code.
(5B) Subsection (5) does not apply to the extent that the person has
a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5B). See subsection 13.3(3) of the Criminal
Code.
(5C) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
192 Subsection 54(7)
Omit “, without reasonable excuse,”.
193 After subsection 54(7)
Insert:
(7A) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7A). See subsection 13.3(3) of the Criminal
Code.
(7B) An offence under subsection (7) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
194 After section 6
Insert:
Chapter 2 (other than Part 2.5) 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.
195 After subsection 13(1)
Insert:
(1A) In subsection (1), strict liability applies to the physical
element of circumstance, that the relevant conduct is engaged in within the
AFZ.
Note: For strict liability, see section 6.1 of the
Criminal Code.
196 After subsection 13(4)
Insert:
(4A) In subsections (2), (3) and (4), strict liability applies to the
physical element of circumstance, that the relevant conduct is engaged in
outside the AFZ.
Note: For strict liability, see section 6.1 of the
Criminal Code.
197 At the end of
section 15
Add:
(4) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
198 At the end of
section 15A
Add:
(3) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
199 Section 57
Omit “wilfully”, substitute
“intentionally”.
200 Paragraphs 84(7)(a) and
(b)
Repeal the paragraphs, substitute:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
201 Subsection 89(4)
Omit “, without reasonable excuse,”.
202 At the end of
section 89
Add:
(5) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5). See subsection 13.3(3) of the Criminal
Code.
(6) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
203 Section 93
Omit “, without reasonable excuse,”.
204 At the end of
section 93
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) In subsection (1), strict liability applies to the physical
element of circumstance, that the requirement is under section 92 or under
regulations made for the purposes of that section.
Note: For strict liability, see section 6.1 of the
Criminal Code.
205 Subsection 98(1)
Omit “for the purposes”, substitute “with the
intention”.
206 After subsection 102(5)
Insert:
(5A) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
207 Subsection 103(1)
Omit “without reasonable excuse,”.
208 After subsection 103(1)
Insert:
(1A) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
209 At the end of
section 103
Add:
(4) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
210 After subsection 104(4)
Insert:
(4A) An offence mentioned in subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
211 Subsection 104(6)
Omit “for the purposes”, substitute “with the
intention”.
212 Paragraphs 108(b) and
(c)
Omit “without reasonable excuse,”.
213 At the end of
section 108
Add:
(2) Paragraphs (1)(b) and (c) do not apply if the person has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) In paragraph (1)(c), strict liability applies to the physical
element of circumstance, that the requirement is under
section 84.
Note: For strict liability, see section 6.1 of the
Criminal Code.
214 Subsection 153(1)
Omit “, without reasonable excuse”.
215 After subsection 153(1)
Insert:
(1A) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) In paragraph (1)(a), strict liability applies to the physical
element of circumstance, that the requirement is under
section 146.
Note: For strict liability, see section 6.1 of the
Criminal Code.
216 Subsection 153(2)
Omit “, without reasonable excuse,”.
217 After subsection 153(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
(2B) In subsection (2), strict liability applies to the physical
element of circumstance, that the requirement is under
section 146.
Note: For strict liability, see section 6.1 of the
Criminal Code.
218 Subsection 153(3)
Omit “knowingly give evidence that is”, substitute
“intentionally give evidence, knowing that it is”.
219 Section 156
Omit “, without reasonable excuse”.
220 At the end of
section 156
Add:
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
221 Paragraph 164(9)(b)
Repeal the paragraph, substitute:
(b) an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code, that relates to an
offence against this Act or the regulations.
Horticulture Marketing and
Research and Development Services (Repeals and Consequential Provisions) Act
2000
222 At the end of
section 45
Add:
(4) Chapter 2 (other than Part 2.5) of the Criminal Code
applies to all offences against Part V of the Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(5) The offences in subsections 118(1) and (2) of the Act are offences of
strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(6) For the purposes of subsection 118(2) of the Act, the defendant bears
an evidential burden in relation to the matter of whether the defendant has a
reasonable excuse.
Note: For evidential burdens, see subsection 13.3(3) of the
Criminal Code.
Imported Food Control Act
1992
223 After section 6
Insert:
Chapter 2 (other than Part 2.5) 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.
224 Subsection 20(8)
Omit “, without reasonable excuse, knowingly”, substitute
“intentionally”.
225 After subsection 20(8)
Insert:
(8A) Subsection (8) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (8A). See subsection 13.3(3) of the Criminal
Code.
226 Subsection 22(4)
Omit “, without reasonable excuse,”.
227 At the end of
section 22
Add:
(5) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5). See subsection 13.3(3) of the Criminal
Code.
(6) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
228 Subsection 30(4)
Omit “, without reasonable excuse,”.
229 After subsection 30(4)
Insert:
(4A) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4A). See subsection 13.3(3) of the Criminal
Code.
230 After subsection 30(5)
Insert:
(5A) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
231 Subsection 32(2)
Omit “, without reasonable excuse,”.
232 After subsection 32(2)
Insert:
(2A) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
233 At the end of
section 32
Add:
(4) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
Loan (Income Equalization
Deposits) Act 1976
Add:
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.
235 Subsection 3(1) (definition of offence
against this Act)
Repeal the definition, substitute:
offence against this Act includes an offence
against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against this Act.
236 After section 5
Insert:
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.
237 After subsection 28(1)
Insert:
(1A) In subsection (1), strict liability applies to the physical
elements of circumstance, that:
(a) the boarding or entry takes place under section 25; and
(b) the powers to be exercised by the authorized officer are under
section 25 or 26 (or both).
Note: For strict liability, see section 6.1 of the
Criminal Code.
238 At the end of
section 29
Add:
(5) An offence referred to in subsection (1) (other than an offence
under section 22, 23 or 24) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
239 After subsection 33(2)
Insert:
(2A) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
240 Subsection 35(1)
Omit “Except as approved in writing by the Secretary, the”,
substitute “The”.
241 After subsection 35(1)
Insert:
(1AA) Subsection (1) does not apply to conduct that is approved in
writing by the Secretary.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1AA). See subsection 13.3(3) of the
Criminal Code.
242 Subsection 35(1A)
Omit “, unless the supply of the goods or services has been approved
in writing by the Secretary under subsection (1)”.
243 After subsection 35(1A)
Insert:
(1B) Subsection (1A) does not apply if the supply of the goods or
services has been approved in writing by the Secretary under
subsection (1AA).
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1B). See subsection 13.3(3) of the Criminal
Code.
Plant Breeder’s
Rights Act 1994
244 After section 9
Insert:
Chapter 2 (other than Part 2.5) 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.
245 Subsection 74(1)
Omit “intentionally or recklessly”.
246 After subsection 74(1)
Insert:
(1A) In subsection (1), strict liability applies to the physical
element of circumstance, that the infringement of the PBR would be under
section 53.
Note: For strict liability, see section 6.1 of the
Criminal Code.
247 Subsections 75(1), (2), (3) and
(4)
Omit “intentionally or recklessly”.
Primary Industries Levies
and Charges Collection Act 1991
248 Subsection 4(3)
Omit “section 6, 7 or 7A, or paragraph 86(1)(a) of the Crimes
Act 1914”, substitute “section 6 of the Crimes Act
1914, or section 11.1. 11.4 or 11.5 of the Criminal
Code,”.
249 After section 5
Insert:
Chapter 2 (other than Part 2.5) 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.
250 At the end of
section 19A
Add:
(2) In subsection (1), strict liability applies to the physical
element of circumstance, that the exercise of the power by the authorised person
is under section 19 in accordance with a warrant issued under
section 20.
Note: For strict liability, see section 6.1 of the
Criminal Code.
251 At the end of
section 19B
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
252 Subsection 22(4)
Omit “, without reasonable excuse,”.
253 After subsection 22(4)
Insert:
(4A) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4A). See subsection 13.3(3) of the Criminal
Code.
(4B) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
254 Subsection 24(1)
Omit “, without reasonable excuse,”.
255 After subsection 24(1)
Insert:
(1A) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
256 Subsections 24A(3) and
(4)
Omit “intentionally or recklessly”.
Torres Strait Fisheries
Act 1984
257 After section 4
Insert:
Chapter 2 (other than Part 2.5) 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.
258 After subsection 14(12)
Insert:
(12A) An offence under subsection (12) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
259 After subsection 14(14)
Insert:
(14AA) An offence under subsection (14) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
260 Paragraphs 42(6A)(a) and
(b)
Repeal the paragraphs, substitute:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
261 Paragraphs 43(1)(b), (c) and
(ca)
Omit “, without reasonable excuse,”.
262 After subsection 43(1)
Insert:
(1A) Paragraphs (1)(b), (c) and (ca) do not apply if the person has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
263 Paragraph 44(1)(c)
Omit “for the purpose”, substitute “with the
intention”.
264 After subsection 44(3)
Insert:
(3AA) An offence under subsection (2) or (3) consisting of a
contravention of paragraph (1)(a) or (b) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(3AB) In the case of an offence under subsection (2) or (3)
consisting of a contravention of paragraph (1)(c), strict liability applies
to the physical elements of circumstance, that:
(a) the relevant conduct occurs in an area of Australian jurisdiction;
and
(b) the relevant notice is in force under section 16.
Note: For strict liability, see section 6.1 of the
Criminal Code.
265 After subsection 45(4)
Insert:
(4AA) An offence under subsection (2), (3) or (4) is an offence of
strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
266 Subsection 46(1)
Omit “for the purpose”, substitute “with the
intention”.
267 At the end of
section 46
Add:
(3) In subsection (2), strict liability applies to the physical
element of circumstance, that the relevant boat is in an area of Australian
jurisdiction.
Note: For strict liability, see section 6.1 of the
Criminal Code.
268 Section 47
Omit “unless he or she is the owner of the net, trap or other
equipment or is acting with the authority of the owner”.
269 At the end of
section 47
Add:
(2) Subsection (1) does not apply if the person is the owner of the
net, trap or other equipment or is acting with the authority of the
owner.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) In subsection (1), strict liability applies to the physical
element of circumstance, that the removal occurs in an area of Australian
jurisdiction.
Note: For strict liability, see section 6.1 of the
Criminal Code.
270 At the end of
section 48
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
271 After subsection 49(2)
Insert:
(2A) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
272 At the end of
section 50
Add:
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
273 After subsection 51(4)
Insert:
(4A) An offence under subsection (2) or (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
274 At the end of
section 54
Add:
(5) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
275 At the end of
Part 1
Add:
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.