Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT (TELECOMMUNICATIONS OFFENCES AND OTHER MEASURES) ACT (NO. 2) 2004 NO. 127, 2004 - SCHEDULE 4

Part 1—Alternative verdicts

Criminal Code Act 1995

1 At the end of section 11.2 of the Criminal Code

Add:

(7)

If the trier of fact is satisfied beyond reasonable doubt that a person either:

(a) is guilty of a particular offence otherwise than because of the operation of subsection (1); or
(b) is guilty of that offence because of the operation of subsection (1);

but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence.

2 Application of amendment

The amendment made by item 1 applies to prosecutions brought after the commencement of that item.

Part 2—Obtaining financial advantage

Criminal Code Act 1995

3 Paragraph 135.2(1)(a) of the Criminal Code

Repeal the paragraph, substitute:

(a) the person engages in conduct; and
(aa) as a result of that conduct, the person obtains a financial advantage for himself or herself from another person; and
(ab) the person knows or believes that he or she is not eligible to receive that financial advantage; and
4 Paragraph 135.2(2)(a) of the Criminal Code

Repeal the paragraph, substitute:

(a) the person engages in conduct; and
(aa) as a result of that conduct, the person obtains a financial advantage for another person from a third person; and
(ab) the person knows or believes that the other person is not eligible to receive that financial advantage; and

Part 3—Knowledge of law

Criminal Code Act 1995

5 Subsection 9.3(2) of the Criminal Code

Repeal the subsection, substitute:

(2)

Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the Act is expressly to the contrary effect.

6 Paragraph 9.4(2)(a) of the Criminal Code

Omit "or impliedly".

7 Paragraph 9.4(2)(b) of the Criminal Code

Repeal the paragraph.

8 Transitional—pre-commencement offences

(1) Despite the amendment or repeal of a provision by this Part, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .