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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Veterans’
Affairs Legislation Amendment (Application of Criminal Code) Bill
2000
No. ,
2000
(Veterans’
Affairs)
A Bill for an Act relating to the
application of the Criminal Code to certain offences, and for related
purposes
ISBN: 0642 454558
Contents
Defence Service Homes Act
1918 3
Veterans’ Entitlements Act
1986 3
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 Veterans’ Affairs Legislation
Amendment (Application of Criminal Code) Act 2000.
This Act commences on the latest of the following days:
(a) the 28th day after the day on which this Act receives the Royal
Assent;
(b) the 28th day after the day on which the Law and Justice Legislation
Amendment (Application of Criminal Code) Act 2000 receives the Royal
Assent;
(c) the day on which item 15 of Schedule 1 to the Criminal
Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000
commences.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Defence Service Homes Act
1918
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 At the end of
section 50A
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.
Veterans’
Entitlements Act 1986
3 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.
4 Subsection 32(6)
Omit “without reasonable excuse, and”.
5 After subsection 32(6)
Insert:
(6A) An offence under subsection (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
6 Subsections 32(7), (10) and
(11)
Omit “, without reasonable excuse,”.
7 After subsection 32(11)
Insert:
(11A) A person does not commit an offence under this section if the person
has a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (11A). See subsection 13.3(3) of the
Criminal Code.
8 Subsection 54(6)
Repeal the subsection, substitute:
(6) A person must not fail to comply with a notice under
subsection (1).
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) An offence under subsection (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(8) A person does not commit an offence under subsection (6) 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 (8). See subsection 13.3(3) of the Criminal
Code.
9 Subsection 54A(6)
Repeal the subsection, substitute:
(6) A person must not fail to comply with a notice under
subsection (1).
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) An offence under subsection (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(8) A person does not commit an offence under subsection (6) 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 (8). See subsection 13.3(3) of the Criminal
Code.
10 Subsection 54AA(7)
Repeal the subsection, substitute:
(7) A person must not fail to comply with a notice under
subsection (1) or (3).
Penalty: Imprisonment for 6 months.
(8) An offence under subsection (7) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(9) A person does not commit an offence under subsection (7) 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 (9). See subsection 13.3(3) of the Criminal
Code.
11 Subsection 59ZD(1)
Repeal the subsection, substitute:
(1) If a compensation payer has been given a preliminary notice under
section 59Y or a recovery notice under section 59ZA in relation to the
payment of compensation to a person, the compensation payer must not make the
compensation payment to the person.
Penalty: Imprisonment for 12 months.
(1A) Subsection (1) does not apply if:
(a) in the case of a preliminary notice—the Commission has given the
compensation payer written notice that the preliminary notice is revoked;
or
(b) in the case of a recovery notice—the compensation payer has paid
to the Commonwealth the amount specified in the notice; or
(c) the Commission has given the compensation payer written permission to
pay the compensation.
Note: The defendant bears an evidential burden in relation
to the matters in subsection (1A). See subsection 13.3(3) of the
Criminal Code.
12 Subsection 59ZJ(1)
Repeal the subsection, substitute:
(1) If an insurer has been given a preliminary notice under
section 59ZE or a recovery notice under section 59ZG in relation to
the insurer’s liability to make a payment indemnifying a compensation
payer, the insurer must not make the payment to the compensation
payer.
Penalty: Imprisonment for 12 months.
(1A) Subsection (1) does not apply if:
(a) in the case of a preliminary notice—the Commission has given the
insurer written notice that the preliminary notice is revoked; or
(b) in the case of a recovery notice—the insurer has paid to the
Commonwealth the amount specified in the notice; or
(c) the Commission has given the insurer written permission to make the
payment to the compensation payer.
Note: The defendant bears an evidential burden in relation
to the matters in subsection (1A). See subsection 13.3(3) of the
Criminal Code.
13 After subsection 93B(4)
Insert:
(4A) An offence under subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
14 At the end of subsection
93B(5)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5). See subsection 13.3(3) of the Criminal
Code.
15 Paragraph 93D(2)(c)
Omit “without reasonable excuse,”.
16 Subsections 93D(4) and
(5)
Omit “without reasonable excuse,”.
17 Subsection 93D(7)
Omit “wilfully”, substitute
“intentionally”.
18 After subsection 93D(9)
Insert:
(9A) Paragraph (2)(c), and subsections (4) and (5), do not apply
if the person concerned has a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (9A). See subsection 13.3(3) of the Criminal
Code.
19 Subsection 93E(1)
Omit “for the purpose”, substitute “to achieve the
result”.
20 Subsection 93E(7)
Omit “wilfully”, substitute
“intentionally”.
21 Subsection 93F(2)
Repeal the subsection, substitute:
(2) A reference in subsection (1) to an offence against a provision
of this Act includes a reference to 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 a provision of this Act.
22 Paragraph 93G(2)(b)
Repeal the paragraph, substitute:
(b) 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;
that relates to an offence referred to in paragraph (a) of this
subsection.
23 Subsection 118ZI(5)
Repeal the subsection, substitute:
(5) A person must not fail to comply with a notice under
subsection (1).
Penalty: Imprisonment for 6 months.
(5A) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(5B) 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 (5B). See subsection 13.3(3) of the Criminal
Code.
(5C) 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 (5C). See subsection 13.3(3) of the Criminal
Code.
24 Subsection 118ZJ(5)
Repeal the subsection, substitute:
(5) A person must not fail to comply with a notice under
subsection (1).
Penalty: Imprisonment for 6 months.
(5A) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(5B) 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 (5B). See subsection 13.3(3) of the Criminal
Code.
(5C) 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 (5C). See subsection 13.3(3) of the Criminal
Code.
25 Subsection 127(4)
Repeal the subsection, substitute:
(4) A person who has been given a notice under subsection (1) must
not fail to comply with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(5) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(6) Subsection (4) 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 (6). See subsection 13.3(3) of the Criminal
Code.
26 Subsection 128(4)
Repeal the subsection, substitute:
(4) A person must not fail to comply with a notice under
subsection (1).
Penalty: $1,000 or imprisonment for 6 months, or both.
(4A) An
offence under subsection (4) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(4B) Subsection (4) 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 (4B). See subsection 13.3(3) of the Criminal
Code.
27 Subsection 128(5)
Omit “knowingly”, substitute
“intentionally”.
28 Section 168
Omit “, without reasonable excuse”.
29 At the end of
section 168
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.
(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.
30 Subsection 169(1)
Omit “, without reasonable excuse”.
31 Paragraphs 169(1)(a), (b) and
(c)
Omit “refuse or”.
32 After subsection 169(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.
(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.
33 Subsection 169(2)
Omit “knowingly”, substitute
“intentionally”.
34 Subsection 205A(3)
Omit “to the extent that the person is capable of doing
so”.
35 After subsection 205A(3)
Insert:
(3A) Subsection (3) 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 (3A). See subsection 13.3(3) of the Criminal
Code.
36 Paragraph 208(1)(a)
Omit “knowingly”, substitute
“intentionally”.
37 Subparagraph
208(1)(a)(ii)
Omit “to deceive”, substitute “with the intention of
deceiving”.
38 Subparagraph
208(1)(a)(iii)
Omit “to affect”, substitute “with the intention of
affecting”.
39 Paragraphs 208(1)(b), (c), (d) and
(e)
Omit “knowingly”, substitute
“intentionally”.
40 After subsection 208(4)
Insert:
(4A) An offence under subsection (3) or (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.