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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 5
- Bankruptcy Act 1966
1 After section 7
Insert: 7A 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 54(2)
Insert:
(3) Subsections (1) and (2) are
offences of strict liability.
- Note: For strict liability , see
section 6.1 of the Criminal Code .
3 Subsection 56F(1)
Omit ", unless the member has a reasonable excuse".
4
After subsection 56F(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 member has a reasonable excuse.
- Note: A defendant bears an evidential burden in relation to the matter in
subsection (1B) (see subsection 13.3(3) of the Criminal Code ).
5 After subsection 80(1)
Insert:
(1A) Subsection (1) is an offence of
strict liability.
- Note: For strict liability , see section 6.1 of the
Criminal Code .
6 Subsection 155J(1)
Omit ", unless the person has a reasonable excuse".
7
After subsection 155J(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 a reasonable excuse.
- Note: A defendant bears an evidential burden in relation to the matter in
subsection (1B) (see subsection 13.3(3) of the Criminal Code ).
8 At the end of section 168
Add:
(2) Subsection (1) is an offence
of strict liability.
- Note: For strict liability , see section 6.1 of
the Criminal Code .
9 At the end of section 173
Add:
(2) Subsection (1) is an offence
of strict liability.
- Note: For strict liability , see section 6.1 of
the Criminal Code .
10 After subsection 175(5)
Insert:
(5A) Subsection (5) is an offence of
strict liability.
- Note: For strict liability , see section 6.1 of the
Criminal Code .
11 At the end of section 182
Add:
(5) Subsection (4) is an offence
of strict liability.
- Note: For strict liability , see section 6.1 of
the Criminal Code .
12 After subsection 246(1)
Insert:
(1A) Subsection (1) is an offence of
strict liability.
- Note: For strict liability , see section 6.1 of the
Criminal Code .
13 Section 263A
Omit "wilfully", substitute "intentionally".
14
Subsection 264A(1A)
Omit ", without reasonable excuse".
15 After subsection
264A(1A)
Insert:
(1B) Subsection (1A) does not apply if the person has
a reasonable excuse.
- Note: A defendant bears an evidential burden in
relation to the matter in subsection (1B) (see subsection 13.3(3) of the
Criminal Code ).
16 Subsection 264C(1)
Omit ", without reasonable excuse".
17 After
subsection 264C(1)
Insert:
(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 ).
18 At the end of section 264E
Add:
(2) For the purposes of an offence
against subsection (1), strict liability applies to the following
physical elements of circumstance of the offence:
- (a)
- that the Registrar or
magistrate is a Registrar or magistrate before whom an examination under this
Act is being held;
- (b)
- that the examination is an examination under this Act being held before a
Registrar or magistrate.
- Note: For strict liability , see section 6.1 of the Criminal Code .
19 Paragraphs 265(1)(a), (b) and (ca)
Omit ", to the best of his or her
knowledge and belief,".
20 After subsection 265(1)
Insert:
(1A) A bankrupt
is taken to have complied with paragraph (1)(a), (b) or (ca) if he or she
has fully and truly disclosed to the best of his or her knowledge and belief
as required by that paragraph.
- Note: A defendant bears an evidential burden
in relation to the matter in subsection (1A) (see subsection 13.3(3) of
the Criminal Code ).
21 Subsection 265(3)
Omit "for the purpose", substitute "with the intention".
22 Subsection 265A(1)
Omit ", without reasonable excuse,".
23 After
subsection 265A(1)
Insert:
(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 ).
24 Subsection 265A(3)
Omit ", without reasonable excuse".
25 After
subsection 265A(3)
Insert:
(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 ).
26 Section 267B
Omit ", without reasonable excuse,".
27 At the end of
section 267B
Add:
(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 ).
28 Section 267D
Omit ", without reasonable excuse".
29 At the end of
section 267D
Add:
(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 ).
30 Section 267F
Omit ", without reasonable excuse".
31 At the end of
section 267F
Add:
(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 ).
32 Paragraphs 268(2)(a) and (ba)
Omit ", to the best of his or her knowledge
and belief,".
33 After subsection 268(2)
Insert:
(2A) A debtor is taken to
have complied with paragraph (2)(a) or (ba) if he or she has fully and
truly disclosed to the best of his or her knowledge and belief as required by
that paragraph.
- Note: A defendant bears an evidential burden in relation to
the matter in subsection (2A) (see subsection 13.3(3) of the Criminal
Code ).
34 Subsection 268(3)
Omit "for the purpose", substitute "with the intention".
35 At the end of subsection 268(4)
Add:
- Note: A defendant bears an
evidential burden in relation to the matter in subsection (4) (see
subsection 13.3(3) of the Criminal Code ).
36 Subsection 268(5)
Omit ", to the best of his or her knowledge and
belief,".
37 After subsection 268(5)
Insert:
(5A) A debtor is taken to have
complied with subsection (5) if he or she has fully and truly disclosed
to the best of his or her knowledge and belief as required by that subsection.
- Note: A defendant bears an evidential burden in relation to the matter in
subsection (5A) (see subsection 13.3(3) of the Criminal Code ).
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