Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 8

1 At the end of Part I

5B 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 Paragraph 7(8)(a)

3 After subsection 7(8)

(8A) Paragraph (8)(a) does not apply if the appointee has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code ).

4 Subsection 44(1)

5 After subsection 44(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 ).

6 Paragraph 50(8)(a)

(a)

fail to attend before a person when required to do so under this section; or

(aa)

refuse or fail to be sworn or make an affirmation, when required to do so under this section; or

(ab)

refuse or fail to furnish information, produce a document or other record, or to answer a question, when required to do so under this section; or

7 Paragraph 50(8)(b)

8 After subsection 50(8)

(8A) Paragraphs (8)(a), (aa), (ab) and (b) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code ).

9 Section 82

10 At the end of section 82

(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 ).

11 Subsection 83(1)

12 After subsection 83(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 ).