Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 20

1 Section 3

engage in conduct means:

(a)

do an act; or

(b)

omit to perform an act.

2 After section 4

4A 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.

3 Paragraphs 6(1)(a), (d), (e) and (f)

4 At the end of section 9

(2) For the purposes of an offence against this section, absolute liability applies to the following physical elements of circumstance of the offence:

(a)

that the possession is in Australia;

(b)

that the substance possessed is listed in Table I or II in the Annex to the Convention;

(c)

that the dealing in drugs in which, or for which, the substance, equipment or materials are being used or are to be used is a dealing in drugs described in paragraphs (1)(a) and (b).

Note: For absolute liability see section 6.2 of the Criminal Code .

5 At the end of section 10

(3) For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

(a)

that the conduct is engaged in on board an Australian aircraft in flight, whether in or outside Australia;

(b)

that the conduct would constitute an offence against a law in force in a State or Territory if it were engaged in by the person in that State or Territory;

(c)

if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

(d)

if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

Note: For absolute liability see section 6.2 of the Criminal Code .

6 At the end of section 11

(2) For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

(a)

that the conduct is engaged in on board an Australian ship at sea;

(b)

that the conduct if engaged in by the person in a State or Territory would constitute an offence against a law of the Commonwealth;

(c)

if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

(d)

if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

Note: For absolute liability see section 6.2 of the Criminal Code .

7 At the end of section 12

(3) For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

(a)

that the conduct is engaged in outside Australia;

(b)

that the conduct constitutes an offence against the law of a foreign country;

(c)

that the conduct would constitute an offence against a law in force in a State or Territory if it were engaged in by the person in that State or Territory;

(d)

if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

(e)

if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

Note: For absolute liability see section 6.2 of the Criminal Code .

8 At the end of section 13

(2) For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

(a)

that the conduct is engaged in outside Australia;

(b)

that the view to the carrying out of a dealing in drugs with which the conduct is engaged in, is a view to the carrying out of such a dealing:

(i)

in Australia; or

(ii)

on board an Australian aircraft in flight outside Australia; or

(iii)

on board an Australian ship at sea;

(c)

that the carrying out of the dealing in drugs referred to in paragraph (b) constitutes an offence against a law of the Commonwealth, of a State or of a Territory;

(d)

if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

(e)

if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

Note: For absolute liability see section 6.2 of the Criminal Code .

9 At the end of section 14

(2) For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

(a)

that the conduct is engaged in outside Australia;

(b)

that the dealing in drugs is carried out, or is to be carried out, in a State or Territory;

(c)

that the carrying out of the dealing in drugs constitutes an offence against a law of that State or Territory;

(d)

if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

(e)

if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

Note: For absolute liability see section 6.2 of the Criminal Code .

10 Paragraph 15(6)(a)

11 Section 15A

12 At the end of section 15A

(2) For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the conversion or transfer of property takes place in:

(a)

a State other than a prescribed State; or

(b)

a Territory other than a prescribed Territory.

Note: For absolute liability , see section 6.2 of the Criminal Code .

Note: The heading to section 15A is altered by omitting " Knowingly converting " and substituting " Intentionally converting ".

13 At the end of section 15B

(2) For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the concealing or disguising takes place in:

(a)

a State other than a prescribed State; or

(b)

a Territory other than a prescribed Territory.

Note: For absolute liability , see section 6.2 of the Criminal Code .

Note: The heading to section 15B is altered by omitting " Knowingly concealing " and substituting " Intentionally concealing ".

14 At the end of section 15C

(2) For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the acquisition, possession or use is in:

(a)

a State other than a prescribed State; or

(b)

a Territory other than a prescribed Territory.

Note: For absolute liability , see section 6.2 of the Criminal Code .

Note: The heading to section 15C is altered by omitting " Knowingly acquiring " and substituting " Intentionally acquiring ".

15 Section 17