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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 2
- Australian Federal Police Act 1979
1 At the end of Part I
Add: 5B Application of the Criminal Code
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 Subsection 49M(1)
Omit "knowingly", substitute "intentionally".
3
Paragraph 63(b)
Omit "without lawful excuse,".
4 Paragraphs 63(c) and (d)
Omit ", without lawful excuse,".
5 At the end of section 63
Add:
(2)
Paragraphs (1)(b), (c) and (d) do not apply if the person has a
reasonable excuse.
- Note: A defendant bears an evidential burden in relation
to the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code ).
6 After subsection 64A(1)
Insert:
(1A) Subsection (1) is an offence of
strict liability.
- Note: For strict liability , see section 6.1 of the
Criminal Code .
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