Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 39

1 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.

2 After subsection 6(2)

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

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

3 Subsection 8(1)

4 After subsection 8(1)

(1A) 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 (1A) (see subsection 13.3(3) of the Criminal Code ).

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

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

5 Subsection 8(3)

6 After subsection 8(3)

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

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

7 At the end of section 8

(5) For the purposes of an offence against subsection (3) or (4), strict liability applies to the following physical elements of circumstance of the offence:

(a)

that the person obstructed or hindered is an authorised officer;

(b)

that the authorised officer is acting in the performance of his or her functions or the exercise of his or her powers under this Act.

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

8 Paragraphs 9(3)(b) and (c)

(b)

make a statement, in or in connection with a claim for a refund, reckless as to the fact that the statement is false or misleading in a material particular; or

(c)

present a document, in connection with an application for a refund, reckless as to the fact that the document is false or misleading in a material particular.