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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
THE
SENATE
Presented and read a first
time
Prime Minister
and Cabinet Legislation Amendment (Application of Criminal Code) Bill
2001
No. ,
2001
(Prime
Minister)
A Bill for an Act relating to the
application of the Criminal Code to certain offences, and for other
purposes
ISBN: 0642 466416
Contents
Inspector-General of Intelligence and Security Act
1986 3
Ombudsman Act
1976 4
Parliamentary Commission of Inquiry (Repeal) Act
1986 4
Resource Assessment Commission Act
1989 4
Royal Commissions Act
1902 6
Ombudsman Act
1976 9
Royal Commissions Act
1902 9
A Bill for an Act relating to the application of the
Criminal Code to certain offences, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Prime Minister and Cabinet Legislation
Amendment (Application of Criminal Code) Act 2001.
This Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1
to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences)
Act 2000;
(b) the start of the 28th day after the day on which the Law and
Justice Legislation Amendment (Application of Criminal Code) Act 2001
receives the Royal Assent;
(c) the start of the 28th day after the day on which this Act 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repealed as set out in the applicable items in the Schedule concerned, and any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.
Inspector-General of
Intelligence and Security Act 1986
1 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.
2 Paragraph 18(6)(d)
Repeal the paragraph, substitute:
(d) an offence against:
(i) section 6 of the Crimes Act 1914; or
(ii) section 11.1, 11.4 or 11.5 of the Criminal
Code;
being an offence that relates to an offence against this
section.
3 Subsection 18(7)
Omit “, without reasonable excuse”.
4 Paragraphs 18(7)(a) and
(b)
Omit “refuses or”.
5 After subsection 18(7)
Insert:
(7A) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(7B) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (7B) (see subsection 13.3(3) of the Criminal
Code).
6 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.
7 Subsection 36(1)
Omit “, without reasonable excuse”.
8 Before subsection 36(3)
Insert:
(2A) 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 (2A) (see subsection 13.3(3) of the Criminal
Code).
Parliamentary Commission
of Inquiry (Repeal) Act 1986
9 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.
Resource Assessment
Commission Act 1989
10 At the end of
Part 1
Add:
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.
11 Subsection 53(1)
Omit “, without reasonable excuse”.
12 Paragraphs 53(1)(a) and
(b)
Omit “refuses or”.
13 After subsection 53(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(1B) Subsection (1) does not apply if the person has a reasonable
excuse.
14 Subsection 53(2)
Omit “without reasonable excuse, refuses or”.
15 After subsection 53(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
(2B) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsections (1B) and (2B) (see subsection 13.3(3) of the
Criminal Code).
16 Subsection 53(3)
Omit “subsection (1)”, substitute
“subsection (1B)”.
17 Subsection 53(3)
Omit “refuse or”.
18 After section 1B
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.
19 Subsection 3(1)
Omit “, without reasonable excuse”.
20 After subsection 3(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(1B) Subsection (1) does not apply if the person has a reasonable
excuse.
21 Subsection 3(2)
Omit “, without reasonable excuse, refuse or”.
22 After subsection 3(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
(2B) Subsection (2) does not apply if the person has a reasonable
excuse.
23 Subsection 3(3)
Omit “refusal or”.
24 Subsection 3(3)
Omit “it is proved that”.
25 At the end of subsection
3(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsections (1B), (2B) and (3) (see subsection 13.3(3) of
the Criminal Code).
26 At the end of
section 6
Add:
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
27 Subsection 6A(1)
Omit “subsection 3(2)”, substitute “subsection
3(2B)”.
28 Subsection 6H(1)
Omit “knowingly give false or misleading evidence”, substitute
“intentionally give evidence that the person knows to be false or
misleading”.
29 Paragraph 6I(c)
Omit “or attempts”.
30 Section 6J
Omit “knowingly makes or exhibits any false statement,
representation, token, or writing,”, substitute “intentionally makes
or exhibits any statement, representation, token, or writing, knowing it to be
false,”.
31 Subsection 6K(1)
Repeal the subsection, substitute:
(1) A person commits an offence if:
(a) the person acts or omits to act; and
(b) the act or omission results in a document or other thing
being:
(i) concealed, mutilated or destroyed; or
(ii) rendered incapable of identification; or
(iii) in the case of a document, rendered illegible or indecipherable;
and
(c) the person knows or has reasonable grounds to believe that the
document or thing is or may be required in evidence before a
Commission.
32 Section 6L
Omit “wilfully prevents or wilfully endeavours to prevent”,
substitute “intentionally prevents”.
33 Section 6M
Omit “, inflicts, or procures,”, substitute “or
inflicts,”.
34 Subsection 6N(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply if the employee was dismissed or
prejudiced in his or her employment for some reason other than the reasons
mentioned in subsection (1).
Note: A defendant bears an evidential burden in relation to
the matters in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
35 Subsection 6O(1)
Omit “wilfully”, substitute
“intentionally”.
36 Subsection 6O(1)
Omit “wilful”, substitute
“intentional”.
1 Section 3AB
Renumber as section 3A.
2 Section 3AA
Renumber as section 3B.
3 Section 3A
Renumber as section 3C.
4 Subsection 3(2)
Omit “he” (first occurring), substitute “the
person”.
5 Subsection 3(2)
Omit “him”, substitute “him or her”.
6 Subsection 3(2)
Omit “he” (second occurring), substitute “the
person”.
7 Subsection 4(3)
Omit “he” (first occurring), substitute “he or
she”.
8 Subsection 4(3)
Omit “he” (second occurring), substitute “the member or
person”.
9 Subsection 4(5)
Omit “he” (wherever occurring), substitute “he or
she”.
10 Subsection 4(5)
Omit “him”, substitute “the person”.
11 Subsection 5(2)
Omit “he”, substitute “the Judge”.
12 Subsection 6(1)
Omit “him”, substitute “him or her”.
13 Subsection 6(1)
Omit “he”, substitute “, the person”.
14 Subsection 6A(1)
Omit “he”, substitute “the person”.
15 Subsection 6A(1)
Omit “him”, substitute “him or her”.
16 Subsection 6A(2)
Omit “he”, substitute “the person”.
17 Subsection 6A(2)
Omit “him”, substitute “him or her”.
18 Subsection 6B(1)
Omit “his”, substitute “the
person’s”.
19 Subsection 6B(2)
Omit “his” (first occurring), substitute “the
witness”.
20 Subsection 6B(2)
Omit “his detention”, substitute “the witness’
detention”.
21 Subsection 6B(2)
Omit “he”, substitute “he or she”.
22 Subsection 6B(4)
Omit “him” (first occurring), substitute “him or
her”.
23 Subsection 6B(4)
Omit “him” (second occurring), substitute “the
witness”.
24 Subsection 6B(4)
Omit “his”, substitute “his or her”.
25 Section 6C
Omit “his”, substitute “the
person’s”.
26 Subsection 6D(2)
Omit “his evidence”, substitute “the witness’
evidence”.
Note: The heading to section 6DD is altered by omitting
“him” and substituting “the
witness”.
27 Subsection 6G(1)
Omit “his”, substitute “his or her”.
28 Subsection 6G(2)
Omit “he”, substitute “he or she”.
29 Section 6M
Omit “his”, substitute “the person”.
30 Section 6M
Omit “him”, substitute “him or her”.
31 Subsection 6N(1)
Omit “his” (wherever occurring), substitute “his or
her”.
32 Subsection 6O(2)
Omit “he”, substitute “he or she”.
33 Subsection 7(1)
Omit “his”, substitute “his or her”.
34 Section 7AA
Omit “his or their”, substitute “the Commissioner’s
or members’”.
Note: The heading to section 7C is altered by omitting
“him” and substituting “the
witness”.
35 Subsection 8(1)
Omit “his” (first occurring), substitute “his or
her”.
36 Subsection 8(1)
Omit “his” (second occurring), substitute “his or
her”.
37 Paragraph 16(1)(a)
Omit “him or them” (wherever occurring), substitute “the
person or persons”.
38 Subsection 16(3)
Omit “his”, substitute “his or her”.