Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 29

1 At the end of Part I

6A Application of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2 Subsections 16(5A) and (5AA)

3 After subsection 18(9)

(9A) Subsection (9) is an offence of strict liability.

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

4 Subsection 21(3A)

5 Paragraphs 21(3A)(a) and (b)

(a)

intentionally make a statement in an identification reference, reckless as to the fact that the statement is false or misleading in a material particular; or

(b)

intentionally omit from an identification reference any matter or thing, reckless as to the fact that without the matter or thing the reference is misleading in a material particular.

6 Subsection 21A(3)

7 Paragraphs 21A(3)(a) and (b)

(a)

intentionally make a statement in a change of name statement, reckless as to the fact that it is false or misleading in a material particular; or

(b)

intentionally omit from a change of name statement any matter or thing, reckless as to the fact that without the matter or thing the change of name statement is misleading in a material particular.

8 Subsection 23A(3)

9 Subsection 27B(3)

10 After subsection 27B(4)

(4A) Subsections (3) and (4) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code ).

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

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

11 Subsection 29(1)

12 Paragraphs 29(1)(a) and (b)

(a)

intentionally make a statement that the cash dealer knows is false or misleading in a material particular; or

(b)

intentionally omit from a statement any matter or thing without which the cash dealer knows the statement is misleading in a material particular.

13 Subsection 29(2)

14 Paragraphs 29(2)(a) and (b)

(a)

intentionally make a statement that the financial institution knows is false or misleading in a material particular; or

(b)

intentionally omit from a statement any matter or thing without which the financial institution knows the statement is misleading in a material particular.

15 Subsection 29(2A)

16 Paragraphs 29(2A)(a) and (b)

(a)

intentionally make a statement that the person knows is false or misleading in a material particular; or

(b)

intentionally omit from a statement anything without which the person knows the statement is misleading in a material particular.

17 Subsection 29(3)

(3) A person must not:

(a)

intentionally make a report for the purposes of section 15, a statement for the purposes of section 18 or a declaration for the purposes of section 33, that the person knows is false or misleading in a material particular; or

(b)

intentionally omit from such a report, statement or declaration any matter or thing without which the person knows the report, statement or declaration is misleading in a material particular.

18 Subsections 30(1), (2) and (3)

19 Subsection 33(10) (definition of offence against section 15 )

offence against section 15 includes an offence against section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence against section 15 of this Act.