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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 1

- Amendments commencing on the 28th day after Royal Assent

Crimes Act 1914

1 At the end of Part I

Add:

3BB Application of sections 4, 5, 7, 7A, 14, 15D and 86

Sections 4, 5, 7, 7A, 14, 15D and 86 do not apply in relation to an offence against a provision of this Act, or of any other law of the Commonwealth, being an offence to which Chapter 2 of the Criminal Code applies.

2 Subsection 4D(1)

Repeal the subsection, substitute:

(1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an Act as described in a paragraph of subsection (1A) indicates:

(a)
if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or

(b)
in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.

(1A) Subsection (1) applies to a penalty set out:

(a)
at the foot of a section of an Act; or

(b)
at the foot of a subsection of an Act, but not at the foot of the section containing the subsection; or

(c)
at the foot of a clause of any Schedule to an Act; or

(d)
at the foot of a subclause of any Schedule to an Act, but not at the foot of the clause containing the subclause.

(1B) Subsection (1) does not affect the operation of subsection 4B(2), (2A) or (3).

Criminal Code Act 1995

3 After section 3

Insert:

3AA Application of the Criminal Code to regulations

(1) Despite section 2.2 of the Criminal Code , or anything in any other Act, if the Governor-General has power to make regulations under an Act, that power is taken to include a power to make regulations applying Chapter 2 of the Criminal Code on and after a specified day to offences against:

(a)
all regulations under that Act; or

(b)
a specified class of regulations under that Act; or

(c)
one or more specified regulations under that Act;

whether those regulations are made before or after the commencement of this section.

(2) The day specified in regulations made under subsection (1) must not:

(a)
occur before the day on which the regulations are made; or

(b)
be the day specified in subsection 2.2(2) of the Criminal Code , or occur after that day.

(3) This section ceases to have effect, and is taken to have been repealed, on the day specified in subsection 2.2(2) of the Criminal Code .



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