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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 21

- Customs Act 1901

1 Subsection 4(1) (subparagraphs (b)(i) and (ii) of the definition of Records offence )

Repeal the subparagraphs, substitute:

(i)
section 6 of the Crimes Act 1914 ; or

2 Subsection 4(1) (after paragraph (b) of the definition of Records offence )

Insert:

(ba)
an ancillary offence (within the meaning of the Criminal Code ) that relates to an offence of the kind referred to in paragraph (a) of this definition; or

3 At the end of Part I

Add:

5AA Application of the Criminal Code

(1) Subject to subsection (2), Chapter 2 of the Criminal Code applies to an offence against this Act.
(2) For the purposes of a Customs prosecution:

(a)
Parts 2.1, 2.2 and 2.3 of the Criminal Code apply; and

(b)
Parts 2.4, 2.5 and 2.6 of the Criminal Code do not apply; and

(c)
a reference to criminal responsibility in Chapter 2 of the Criminal Code is taken to be a reference to responsibility.

(3) This section is not to be interpreted as affecting in any way the nature of any offence under this Act, the nature of any prosecution or proceeding in relation to any such offence, or the way in which any such offence is prosecuted, heard or otherwise dealt with.
(4) Without limiting the scope of subsection (3), this section is not to be interpreted as affecting in any way the standard or burden of proof for any offence under this Act that is the subject of a Customs prosecution.
(5) In this section:

Customs prosecution has the meaning given in section 244.

4 Subsection 5A(1)

Omit ", without the permission of the CEO given under subsection (2),".

5 After subsection 5A(1)

Insert:

(1A) Subsection (1) does not apply if the person has the permission of the CEO given under subsection (2).

6 Subsection 5B(1)

Omit ", without the permission of the CEO given under subsection (2),".

7 After subsection 5B(1)

Insert:

(1A) Subsection (1) does not apply if the person has the permission of the CEO given under subsection (2).

8 Subsection 20(7)

Omit ", without reasonable excuse,".

9 After subsection 20(7)

Insert:

(7A) Subsection (7) does not apply if the person has a reasonable excuse.

10 Subsection 33A(1)

Omit "Except with permission in force under subsection (2), a", substitute "A".

11 After subsection 33A(1)

Insert:

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(1B) Subsection (1) does not apply if the person has permission in force under subsection (2).

12 Subsection 33B(1)

Omit "Except with permission in force under subsection (2), a", substitute "A".

13 After subsection 33B(1)

Insert:

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(1B) Subsection (1) does not apply if the person has permission in force under subsection (2).

14 Subsection 50(4)

Repeal the subsection, substitute:

(4) A person is guilty of an offence if:

(a)
a licence or permission has been granted, on or after 16 October 1963, under the regulations; and

(b)
the licence or permission relates to goods that are not narcotic goods; and

(c)
the licence or permission is subject to a condition or requirement to be complied with by the person; and

(d)
the person engages in conduct; and

(e)
the person's conduct contravenes the condition or requirement.

Penalty: 100 penalty units.

(5) Subsection (4) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(6) Absolute liability applies to paragraph (4)(a), despite subsection (5).

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

(7) A person is guilty of an offence if:

(a)
a licence or permission has been granted, on or after 16 October 1963, under the regulations; and

(b)
the licence or permission relates to goods that are narcotic goods; and

(c)
the licence or permission is subject to a condition or requirement to be complied with by the person; and

(d)
the person engages in conduct; and

(e)
the person's conduct contravenes the condition or requirement.

(8) A person who is convicted of an offence against subsection (7) is punishable as provided by section 235.
(9) Absolute liability applies to paragraph (7)(a).

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

(10) In this section:

engage in conduct means:

(a)
do an act; or

(b)
omit to perform an act.

15 Subsection 58(1)

Omit ", without the permission of a Collector given under subsection (2),".

16 After subsection 58(1)

Insert:

(1A) Subsection (1) does not apply if the master or pilot has the permission of a Collector given under subsection (2).

17 After subsection 58A(5)

Insert:

(5A) Subsections (2), (3), (4) and (5) are offences of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

18 After subsection 58B(5)

Insert:

(5A) Subsections (2), (3), (4) and (5) are offences of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

19 After subsection 60(1)

Insert:

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

20 After subsection 60(2)

Insert:

(2A) For the purposes of an offence against subsection (2), strict liability applies to the physical element of circumstance of the offence, that an airport for which a boarding station is appointed and at which the aircraft did not first land:

(a)
is nearest to the place at which the aircraft entered Australia; or

(b)
is one that has been approved by the CEO, in writing, as an airport at which that aircraft, or a class of aircraft in which that aircraft is included, may land on arriving in Australia from a place outside Australia.

Note: For strict liability , see section 6.1 of the Criminal Code .

21 Subsection 60(4)

Omit "either of the last two preceding subsections", substitute "subsection (2) or (3)".

22 At the end of section 61

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

23 At the end of section 62

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

24 Section 63

Omit "except by authority or by direction of the harbour or aerial authority".

25 At the end of section 63

Add:

(2) Subsection (1) does not apply if the removal is by authority or by direction of the harbour or aerial authority.
(3) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

26 After subsection 64AE(1)

Insert:

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

27 After subsection 64AE(2)

Insert:

(2A) Subsection (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

28 After subsection 64A(3)

Insert:

(3A) Subsections (1), (2) and (3) are offences of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

29 At the end of section 65

Add:

(3) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

30 Section 67

Omit "except by authority".

31 At the end of section 67

Add:

(2) Subsection (1) does not apply to a person who moves, alters or interferes with the goods by authority.

Note: For by authority , see subsection 4(1).

32 After subsection 70(7)

Insert:

(7A) Subsection (7) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

33 Subsection 71E(3A)

Omit ", without reasonable excuse,".

34 After subsection 71E(3A)

Insert:

(3AA) Subsection (3A) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(3AB) Subsection (3A) does not apply if the person has a reasonable excuse.

35 Subsections 73(1) and (2)

Omit "subsection (3), except with the permission of a Collector,", substitute "subsections (2B) and (3),".

36 After subsection 73(2)

Insert:

(2A) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(2B) Subsections (1) and (2) do not apply if the person has the permission of a Collector.

37 Subsection 86(6)

Omit "for", substitute "with the intention of".

38 At the end of section 87

Add:

(8) Subsection (7) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

39 After subsection 90(1)

Insert:

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

40 After subsection 96A(11)

Insert:

(11A) Subsection (11) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

41 After subsection 96B(11)

Insert:

(11A) Subsection (11) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

42 At the end of section 100

Add:

(3) Subsection (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

43 At the end of section 101

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

44 At the end of subsection 102(1)

Add:

Penalty: 10 penalty units.

45 Section 102 (penalty)

Omit "$1,000", substitute "10 penalty units".

46 At the end of section 102

Add:

(3) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

47 Subsection 112(2B)

Repeal the subsection, substitute:

(2B) A person is guilty of an offence if:

(a)
a licence or permission has been granted, on or after 10 November 1977, under the regulations; and

(b)
the licence or permission relates to goods that are not narcotic goods; and

(c)
the licence or permission is subject to a condition or requirement to be complied with by the person; and

(d)
the person engages in conduct; and

(e)
the person's conduct contravenes the condition or requirement.

Penalty: 100 penalty units.

(2BA) Subsection (2B) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(2BB) Absolute liability applies to paragraph (2B)(a), despite subsection (2BA).

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

(2BC) A person is guilty of an offence if:

(a)
a licence or permission has been granted, on or after 10 November 1977, under the regulations; and

(b)
the licence or permission relates to goods that are narcotic goods; and

(c)
the licence or permission is subject to a condition or requirement to be complied with by the person; and

(d)
the person engages in conduct; and

(e)
the person's conduct contravenes the condition or requirement.

(2BD) A person who is convicted of an offence against subsection (2BC) is punishable as provided by section 235.
(2BE) Absolute liability applies to paragraph (2BC)(a).

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

48 At the end of section 112

Add:

(4) In this section:

engage in conduct means:

(a)
do an act; or

(b)
omit to perform an act.

49 Subsection 114B(7)

Omit ", without reasonable excuse,".

50 After subsection 114B(7)

Insert:

(7A) Subsection (7) does not apply if the person has a reasonable excuse.
(7B) Subsection (7) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

51 At the end of section 123

Add:

(3) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

52 At the end of section 124

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

53 Section 125

Omit "without the permission of the Collector".

54 At the end of section 125

Add:

(2) Subsection (1) does not apply if the goods are unshipped or landed with the permission of the Collector.
(3) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

55 Section 126C

Omit "without the written permission of the CEO".

56 At the end of section 126C

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(3) Subsection (1) does not apply if the CEO has given written permission for the export of the goods in that way.

57 Paragraph 127(a)

Omit "without the consent of the Collector".

58 Paragraph 127(b)

Omit ", except with the consent of the Collector,".

59 At the end of section 127

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(3) Subsection (1) does not apply if the Collector has consented to the unshipping, unloading or use.

60 After subsection 129(3)

Insert:

(3A) Subsection (3) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

61 After subsection 130B(3)

Insert:

(3A) Subsection (3) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

62 After subsection 164AC(14)

Insert:

(14A) Subsection (14) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

63 Subsections 175(2) and (3)

Omit "Except with the permission of a Collector or for the purpose of securing the safety of a ship or an aircraft or saving life, the", substitute "The".

64 Subsections 175(3A) and (3B)

Omit "Except with the permission of a Collector or for the purpose of securing the safety of a ship or an aircraft or saving life, a", substitute "A".

65 After subsection 175(3B)

Insert:

(3BA) For the purposes of subsections (2), (3), (3A) and (3B), strict liability applies to such of the following physical elements of circumstance as are relevant to the offence:

(a)
that an aircraft is engaged in making an international flight or a prescribed flight; or

(b)
that a ship is engaged in making an international voyage or a prescribed voyage.

66 Subsection 175(3C)

Omit "For the purposes of this section, a reference to the permission of a Collector in subsection (2), (3), (3A) or (3B) is a reference to a permission of the Collector given", substitute "Subsection (2), (3), (3A) or (3B) does not apply if a Collector has given permission (for the transfer of the goods)".

67 Subsection 175(4)

Omit "(2), (3), (3A) or (3B)", substitute "(3C)".

68 At the end of section 175

Add:

(8) Subsection (7) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(9) Subsection (2), (3), (3A) or (3B) does not apply to allowing a transfer of goods for the purpose of securing the safety of a ship or an aircraft or saving life.

69 At the end of section 181

Add:

(6) Subsection (5) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

70 Paragraph 183P(a)

Omit "without reasonable cause".

71 Paragraph 183P(c)

Omit "without reasonable cause,".

72 At the end of section 183P

Add:

(2) Paragraphs (1)(a) and (c) do not apply if the person has reasonable cause for the failure or refusal.

73 Subsection 184A(12)

Omit "unless he or she has a reasonable excuse".

74 At the end of section 184A

Add:

(13) Subsection (12) does not apply if the master has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (13) (see subsection 13.3(3) of the Criminal Code ).

75 Subsection 184D(6)

Omit "unless he or she has a reasonable excuse".

76 After subsection 184D(6)

Insert:

(6A) Subsection (6) does not apply if the pilot of the other aircraft has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6A) (see subsection 13.3(3) of the Criminal Code ).

77 Subsection 185(4)

Omit ", without reasonable excuse,".

78 After subsection 185(4)

Insert:

Reasonable excuse for non-compliance

(4AA) Subsection (4) does not apply if the person has a reasonable excuse.

79 At the end of section 188

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

80 Section 191

Omit ", except by authority,".

81 At the end of section 191

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(3) Subsection (1) does not apply to an opening, alteration, breaking or erasure by authority.

Note: For by authority , see subsection 4(1).

82 Section 192

Omit "except by authority".

83 At the end of section 192

Add:

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

(3) Subsection (1) does not apply to an opening, alteration, breaking or erasure by authority.

Note: For by authority , see subsection 4(1).

84 At the end of section 195

Add:

(3) Subsection (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

85 Subsection 196C(2)

Omit ", without reasonable excuse,".

86 After subsection 196C(2)

Insert:

(2A) Subsection (2) does not apply if the person has a reasonable excuse.

87 Paragraph 203Q(a)

Omit "unless that judicial officer issued the warrant".

88 At the end of section 203Q

Add:

(2) Paragraph (1)(a) does not apply if the judicial officer named in the warrant issued it.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

89 Subsection 214B(9)

Omit ", without reasonable excuse,".

90 At the end of section 214B

Add:

(10) Subsection (9) does not apply if the person has a reasonable excuse.

91 Subsection 227E(5)

Omit ", without written permission of an officer".

92 At the end of section 227E

Add:

(7) Subsection (5) does not apply if the person has the written permission of an officer for the interference or removal.

93 Subsection 231(1)

Omit "for the purpose", substitute "with the intention".

94 After subsection 233(1AA)

Insert:

(1AB) Subsection (1AA) is an offence of strict liability, to the extent that it relates to paragraphs (1)(b), (c) and (d).

Note: For strict liability , see section 6.1 of the Criminal Code .

95 Paragraph 232A(a)

Omit "to prevent", substitute "with the intention of preventing".

96 Subsection 233A(1)

Omit "use", substitute "intentionally use".

97 Subsection 233A(1)

Omit "knowingly", substitute "intentionally".

98 After subsection 233A(1)

Insert:

(1A) Subsection (1) does not apply if the goods smuggled, imported, exported or conveyed are narcotic goods.

Note: The heading to section 233A is replaced by the heading " Master not to use or allow use of ship for smuggling etc.—goods that are not narcotic goods ".

99 Paragraph 233A(2)(a)

Repeal the paragraph.

100 Paragraph 233A(2)(b)

Omit "that are not narcotic goods".

101 After section 233AB

Insert:

233AC Master not to use or allow use of ship for smuggling etc.—narcotic goods

(1) The master of a ship or the pilot of an aircraft must not intentionally use his or her ship or aircraft, or intentionally suffer it to be used:

(a)
in smuggling; or

(b)
in the importation of any goods in contravention of this Act; or

(c)
in the exportation or conveyance of any goods in contravention of this Act;

if the relevant goods are narcotic goods.

(2) A person who contravenes subsection (1) is guilty of an offence punishable upon conviction as provided by section 235.

102 Paragraph 233B(1)(aa)

Omit ", attempts to bring, or causes to be brought,".

103 Paragraph 233B(1)(b)

Omit ", or attempts to import,".

104 Paragraph 233B(1)(b)

Omit ", or attempts to export,".

105 Paragraph 233B(1)(c)

Omit ", or attempts to obtain possession of,".

106 Paragraph 233B(1)(caa)

Omit ", or attempts to convey,".

107 Paragraph 233B(1)(ca)

Omit ", or attempts to obtain possession of,".

108 Paragraphs 233B(1)(cb) and (d)

Repeal the paragraphs.

109 Subsection 233B(1A)

Repeal the subsection, substitute:

(1AA) For the purposes of an offence against paragraph (1)(a), absolute liability applies to the physical element of circumstance of the offence, that the relevant possession is on board any ship or aircraft.

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

(1AB) For the purposes of an offence against paragraph (1)(c) or (caa), absolute liability applies to the physical element of circumstance of the offence, that the prohibited imports have been imported into Australia in contravention of this Act.

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

(1AC) For the purposes of an offence against paragraph (1)(ca), absolute liability applies to the physical element of circumstance of the offence, that the prohibited imports are reasonably suspected of having been imported into Australia in contravention of this Act.

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

(1A) On the prosecution of a person for an offence against subsection (1), being an offence to which paragraph (c) of that subsection applies, it is a defence if the person proves that he or she did not know that the goods in his or her possession had been imported into Australia in contravention of this Act.

110 Paragraph 233BAA(4)(a)

Omit "knowingly or recklessly", substitute "intentionally".

111 Paragraph 233BAA(4)(b)

Repeal the paragraph, substitute:

(b)
the goods were tier 1 goods and the person was reckless as to that fact; and

112 After subsection 233BAA(4)

Insert:

(4A) Subject to subsection (4B), absolute liability applies to paragraph (4)(c).

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

(4B) For the purposes of an offence against subsection (4), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (4)(c)(ii) had not been obtained at the time of the importation.

Note: For strict liability , see section 6.1 of the Criminal Code .

113 Paragraph 233BAA(5)(a)

Omit "knowingly or recklessly", substitute "intentionally".

114 Paragraph 233BAA(5)(b)

Repeal the paragraph, substitute:

(b)
the goods were tier 1 goods and the person was reckless as to that fact; and

115 After subsection 233BAA(5)

Insert:

(5A) Subject to subsection (5B), absolute liability applies to paragraph (5)(c).

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

(5B) For the purposes of an offence against subsection (5), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (5)(c)(ii) had not been obtained at the time of the exportation.

Note: For strict liability , see section 6.1 of the Criminal Code .

116 Paragraph 233BAB(5)(a)

Omit "knowingly or recklessly", substitute "intentionally".

117 Paragraph 233BAB(5)(b)

Repeal the paragraph, substitute:

(b)
the goods were tier 2 goods and the person was reckless as to that fact; and

118 After subsection 233BAB(5)

Insert:

(5A) Subject to subsection (5B), absolute liability applies to paragraph (5)(c).

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

(5B) For the purposes of an offence against subsection (5), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (5)(c)(ii) had not been obtained at the time of the importation.

Note: For strict liability , see section 6.1 of the Criminal Code .

119 Paragraph 233BAB(6)(a)

Omit "knowingly or recklessly", substitute "intentionally".

120 Paragraph 233BAB(6)(b)

Repeal the paragraph, substitute:

(b)
the goods were tier 2 goods and the person was reckless as to that fact; and

121 After subsection 233BAB(6)

Insert:

(6A) Subject to subsection (6B), absolute liability applies to paragraph (6)(c).

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

(6B) For the purposes of an offence against subsection (6), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (6)(c)(ii) had not been obtained at the time of the exportation.

Note: For strict liability , see section 6.1 of the Criminal Code .

122 Paragraph 234(1)(c)

Repeal the paragraph, substitute:

(c)
intentionally obtain or retain diesel fuel rebate, reckless as to the fact that the person is not entitled to the rebate under section 164;

123 Paragraph 234(1)(d)

Repeal the paragraph, substitute:

(d)
either:

(i)
intentionally make a statement to an officer, reckless as to the fact that the statement is false or misleading in a material particular; or
(ii)
intentionally omit from a statement made to an officer any matter or thing, reckless as to the fact that without the matter or thing the statement is misleading in a material particular;

124 After subsection 234(2)

Insert:

(2AA) For the purposes of an offence against paragraph (1)(c), absolute liability applies to the physical element of circumstance of the offence, that the lack of entitlement is under section 164.

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

125 Subsection 234(4) (the subsection 234(4) added by item 2 of Schedule 1 to the Customs and Excise Legislation Amendment Act (No. 2) 1997 )

Omit "intentionally or recklessly enters designated fuel for home consumption as clean fuel", substitute "intentionally enters designated fuel for home consumption as clean fuel, reckless as to the fact that it is designated fuel".

126 Subsection 234(5)

Omit "intentionally or recklessly enters clean fuel for home consumption as designated fuel", substitute "intentionally enters clean fuel for home consumption as designated fuel, reckless as to the fact that it is clean fuel".

127 Subsection 234(6) (note)

Repeal the note.

128 After subsection 234(6)

Insert:

(6A) Subsection (6) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

129 Subsection 234(7) (note)

Repeal the note.

130 After subsection 234(7)

Insert:

(7A) Subsection (7) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

131 Subsection 234A(1)

Omit ", except by authority".

132 After subsection 234A(1)

Insert:

(1A) Subsection (1) does not apply if the person:

(a)
enters into or is in the place, by authority; or

(b)
enters on or is in or on, the ship, aircraft, wharf or the part of a wharf, by authority.

133 Subsection 234A(2)

Omit "The last preceding subsection", substitute "Subsection (1)".

134 Subsection 234AB(3)

Omit ", without reasonable excuse,".

135 After subsection 234AB(3)

Insert:

(3A) Subsection (3) does not apply if the person has a reasonable excuse.
(3B) Subsection (3) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

136 Subsection 235(1)

Repeal the subsection, substitute:

(1) The penalty for an offence against subsection 50(7) or subsection 112(2BC) is a fine not exceeding $2,000 or imprisonment for a period not exceeding 2 years, or both.

137 Paragraph 235(2)(a)

Omit "section 233A", substitute "section 233AC".

138 Section 236

Omit "Whoever", substitute "For the purposes of a Customs prosecution (within the meaning of section 244), whoever".

139 Section 237

Omit "Any", substitute "For the purposes of a Customs prosecution (within the meaning of section 244), any".

140 Subsection 243K(1)

Omit "knowingly", substitute "intentionally".

141 After subsection 275A(2)

Add:

(2A) Subsection (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .


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