Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 23

1 At the end of Part I

5A 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 Section 43

3 At the end of section 43

(2) Subsection (1) does 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 ).

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

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

4 At the end of section 44

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

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

5 Section 45

6 At the end of section 45

(2) Subsection (1) does 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 ).

7 Paragraph 46(a)