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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 47
- Telecommunications (Interception) Act 1979
1 At the end of Part I
Add: 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 Section 106
Omit ", without reasonable excuse,".
3 At the end of
section 106
Add:
(2) Subsection (1) does not apply if the person
obstructing or hindering 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 ).
4 Subsection 107(1)
Omit ", without reasonable excuse,".
5 At the end of
subsection 107(1)
Add:
Penalty: Imprisonment for 6 months.
6 Paragraph
107(2)(a)
Omit "without reasonable excuse, wilfully", substitute
"intentionally".
7 At the end of section 107
Add:
(3)
Subsection (1) and paragraph (2)(a) do not apply if the person first
mentioned in subsection (1) or (2) has a reasonable excuse.
- Note: A
defendant bears an evidential burden in relation to the matter in
subsection (3) (see subsection 13.3(3) of the Criminal Code ).
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