Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 53

53 Interpretation of offence provisions

(1) To remove any doubt, it is declared that—

(a) chapter 2 of the Criminal Code (Cwlth) does not apply to offences against the Australian Consumer Law (Queensland), chapter 4 ; and

(b) accordingly, any statement included in the Australian Consumer Law (Queensland), chapter 4 to the effect that a provision of that law is an offence of strict liability is not relevant for the purposes of that law.

Note—

The Criminal Code (of Queensland) applies for the purposes of offences included in the Australian Consumer Law (Queensland), chapter 4 . For example, the Criminal Code , section 23 (2) applies to make immaterial the result intended to be caused by an act or omission constituting an offence unless intention to cause the result is expressly declared to be an element of the offence. The application of the Criminal Code is subject to provisions of this Act (including the Australian Consumer Law (Queensland)). For example, the Australian Consumer Law (Queensland), chapter 4 , part 4-6 includes defences that are available for prosecutions for contraventions of provisions of chapter 4 .

(2) Despite section 19 , the Acts Interpretation Act 1954 sections 41 , 41A , 43 , 44 (4) , 45 and 46 apply in relation to offences under the Australian Consumer Law (Queensland) as if that law were an Act to which the Acts Interpretation Act 1954 applied.