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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 17
- Crimes (Ships and Fixed Platforms) Act 1992
1 Subsection 3(1)
Insert: engage in conduct means:
- (a)
- do an act; or
- (b)
- omit to perform an act.
2 After section 5
Insert: 5A Application of the Criminal Code
(1)
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) Section 10.5 of the Criminal Code applies to an offence against
subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it
covered conduct that is justified or excused by a law of the Commonwealth or
of a State or Territory.
(3) Sections 11.1 and 11.2 of the Criminal Code do not apply in relation
to offences against sections 17 and 28.
3 Subsection 6(1)
Omit
"subsection (2)", substitute "subsection 5A(3)".
4 Subsection 6(2)
Repeal the subsection.
5 Section 8
Omit ", without lawful excuse,".
6
Subsection 10(1)
Repeal the subsection, substitute:
(1) A person must not
engage in conduct that causes the destruction of a private ship.
Penalty:
Life imprisonment.
7 Subsection 10(2)
Omit "cause damage to a private ship
or its cargo knowing that it", substitute "engage in conduct that causes
damage to a private ship or its cargo, knowing that such damage".
8
Subsection 11(1)
Omit ", without lawful excuse,".
9 Section 12
Repeal
the section, substitute: 12 Destroying or damaging navigational facilities
A
person must not engage in conduct that causes:
- (a)
- the destruction of
maritime navigational facilities; or
- (b)
- serious damage to such facilities; or
- (c)
- serious interference with the operation of such facilities;
if the destruction, damage or interference is likely to endanger the safe
navigation of a private ship.
Penalty: 15 years imprisonment.
10 Section 13
Repeal the section,
substitute: 13 Giving false information
A person must not communicate false
information knowing that the communication will endanger the safe navigation
of a private ship.
Penalty: 15 years imprisonment.
11 Section 14
Omit
"who kills a", substitute "who engages in conduct that causes the death of
another".
12 Section 15
Omit "who causes grievous bodily harm to a",
substitute "who engages in conduct that causes grievous bodily harm to
another".
13 Section 16
Omit "who injures a", substitute "who engages
in conduct that causes injury to another".
14 Subsection 18(5) (definition of
offence against this Division )
Omit "arising under section 5 of the
Crimes Act 1914 (aiders and abettors) or section 7 of that Act (attempts)
in relation to", substitute "created by section 11.1 or 11.2 of the
Criminal Code that relates to".
15 Subsection 20(5)
Omit ", without
reasonable excuse,".
16 After subsection 20(5)
Insert:
(5A)
Subsection (5) does not apply if the ship's master has a reasonable
excuse.
- Note: A defendant bears an evidential burden in relation to the
matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code ).
17 Subsection 20(6) (definition of offence against Division 1 )
Omit
"arising under section 5 of the Crimes Act 1914 (aiders and abettors) or
section 7 of that Act (attempts) in relation to", substitute "created by
section 11.1 or 11.2 of the Criminal Code that relates to".
18
Section 21
Omit ", without lawful excuse,".
19 Section 23
Omit ",
without lawful excuse, destroy a fixed platform or cause damage to a fixed
platform knowing that it is", substitute "engage in conduct that causes the
destruction of, or damage to, a fixed platform knowing that the destruction or
damage is".
20 Section 24
Omit ", without lawful excuse,".
21
Section 25
Omit "who kills a", substitute "who engages in conduct that
causes the death of another".
22 Section 26
Omit "who causes grievous
bodily harm", substitute "who engages in conduct that causes grievous bodily
harm to another person".
23 Section 27
Omit "who injures a", substitute
"who engages in conduct that causes injury to another".
24 Subsection 29(5)
(definition of offence against this Part )
Omit "arising under section 5
of the Crimes Act 1914 (aiders and abettors) or section 7 of that Act
(attempts) in relation to", substitute "created by section 11.1 or 11.2
of the Criminal Code that relates to".
25 Paragraph 30(1)(b)
Omit "arising
under section 5 or 7 of the Crimes Act 1914 ", substitute "created by
section 11.1 or 11.2 of the Criminal Code ".
26 Paragraph 31(b)
Omit
"arising under section 5 or 7 of the Crimes Act 1914 ", substitute
"created by section 11.1 or 11.2 of the Criminal Code ".
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