Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Regulations 2002 (No. 1) (Cth)

Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Regulations 2002 (No. 1)1
Statutory Rules 2002 No. 602

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Agricultural and Veterinary Chemicals Code Act 1994, the Australian Horticultural Corporation Act 1987 (as continued in force under section 45 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000), the Australian Wine and Brandy Corporation Act 1980, the Dairy Produce Act 1986, the Export Control Act 1982, the Fisheries Management Act 1991, the Meat Inspection Act 1983, the National Residue Survey (Customs) Levy Act 1998, the National Residue Survey (Excise) Levy Act 1998, the Primary Industries Levies and Charges Collection Act 1991, the Quarantine Act 1908 and the Torres Strait Fisheries Act 1984.
Dated 27 March 2002
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry

Contents

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1Name of Regulations

These Regulations are the Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Regulations 2002 (No. 1).

2Commencement

These Regulations commence on gazettal.

3Amendment of Agricultural and Veterinary Chemicals Code Regulations 1995

Schedule 1 amends the Agricultural and Veterinary Chemicals Code Regulations 1995.

4Amendment of Australian Horticultural Corporation (Dried Fruits Export Control) Regulations

Schedule 2 amends the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations.

5Amendment of Australian Horticultural Corporation (Honey Export Control) Regulations

Schedule 3 amends the Australian Horticultural Corporation (Honey Export Control) Regulations.

6Amendment of Australian Wine and Brandy Corporation Regulations 1981

Schedule 4 amends the Australian Wine and Brandy Corporation Regulations 1981.

7Amendment of Dairy Adjustment Levy Collection Regulations 2000

Schedule 5 amends the Dairy Adjustment Levy Collection Regulations 2000.

8Amendment of Export Control (Orders) Regulations 1982

Schedule 6 amends the Export Control (Orders) Regulations 1982.

9Amendment of Fisheries Management Regulations 1992

Schedule 7 amends the Fisheries Management Regulations 1992.

10Amendment of Meat Inspection (Orders) Regulations

Schedule 8 amends the Meat Inspection (Orders) Regulations.

11Amendment of Primary Industries Levies and Charges Collection Regulations 1991

Schedule 9 amends the Primary Industries Levies and Charges Collection Regulations 1991.

12Amendment of Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998

Schedule 10 amends the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

13Amendment of Quarantine Regulations 2000

Schedule 11 amends the Quarantine Regulations 2000.

14Amendment of Quarantine (Cocos Islands) Regulations

Schedule 12 amends the Quarantine (Cocos Islands) Regulations.

15Amendment of Torres Strait Fisheries Regulations 1985

Schedule 13 amends the Torres Strait Fisheries Regulations 1985.

Schedule 1Amendments of Agricultural and Veterinary Chemicals Code Regulations 1995

(regulation 3)

[1]Subregulation 35 (3)

substitute
(3)A person must not fail to comply with a notice given to the person under subregulation (1).
Penalty: 5 penalty units.
(3A)
It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3B)
An offence under subregulation (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[2]Subregulation 46 (1)

substitute
(1)A person may supply a chemical product only if:
(a)
the container for the product has attached to it a label containing a batch number, in a form approved by the NRA, that enables the NRA to identify the batch of that chemical product from which the contents of the container were taken; or
(b)
the person makes a record, in respect of the supply, in accordance with subregulation (2).
Penalty: 10 penalty units.

[3]Subregulation 46 (3)

substitute
(3)A person who makes a record under subregulation (2) must keep the record for 3 years after it is made.
Penalty: 10 penalty units.
(4)
It is a defence to a prosecution under subregulation (1) or (3) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(5)
An offence under subregulation (1) or (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[4]Subregulation 47C (1)

substitute
(1)A person may supply a hormonal growth promotant only if:
(a)
a notification number has been assigned to the person for the premises from which the supply occurs; and
(b)
the notification number has not been withdrawn; and
(c)
the assignment of the notification number has not ceased to have effect.
Penalty: 10 penalty units.
(1A)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(1B)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[5]Regulation 48

substitute
48Supply of hormonal growth promotant — purchaser’s declaration
(1) A person may supply a hormonal growth promotant only if:
(a)
the recipient gives to the supplier, at the time of acquisition, a declaration that:
(i)
is in a form approved by the NRA; and
(ii)
states:
(A)
the total quantity and type of the promotant acquired; and
(B)
the batch number of the promotant; and
(C)
the purchaser declaration number for the premises where animals proposed to be treated with the promotant are to be kept; and
(iii)
acknowledges that the recipient is aware that an animal treated with a hormonal growth promotant must be marked as an animal so treated, as required by the law of this jurisdiction (that is, by making in its ear an equilateral triangular hole 20 millimetres on each side); or
(b) the recipient has been assigned a notification number that has not ceased to have effect and has not been withdrawn.
Penalty: 10 penalty units.
(2)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[6]Regulation 49

omit
Except with reasonable excuse, a person
insert
(1)
A person

[7]Regulation 49

insert
(2)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[8]Regulation 50

omit
A person
insert
(1)
A person

[9]Regulation 50

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[10]Subregulation 51 (2)

omit
Except with reasonable excuse, when
insert
When

[11]After subregulation 51 (2)

insert
(3)
It is a defence to a prosecution under subregulation (2) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(4)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[12]Subregulation 53 (2)

substitute
(2) A person must not fail to comply with subregulation (1).
Penalty: 10 penalty units.
(3)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(4)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[13]Subregulation 54 (3)

substitute
(3)A person must not fail to comply with subregulation (1) or (2).
Penalty: 10 penalty units.
(4)
It is a defence to a prosecution under subregulation (1) or (2) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(5)
An offence under subregulation (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[14]Subregulation 69 (3)

substitute
(3)A person must not disclose any information contained in a record made under subregulation (1) to a person who is not a member of the staff of the NRA.
Penalty: 10 penalty units.
(3A)
It is a defence to a prosecution under subregulation (3) if the defendant:
(a)
has a reasonable excuse; or
(b)
has the permission in writing of the Minister or a person authorised under subregulation (4).
Note A defendant bears an evidential burden in relation to the matters mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3B)
An offence under subregulation (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

Schedule 2Amendments of Australian Horticultural Corporation (Dried Fruits Export Control) Regulations

(regulation 4)

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991.

[2]Regulation 9, note

substitute
Note See section 118 of the Act for the offence of contravening a prohibition in this regulation.

[3]Regulation 13, penalty

substitute
Penalty: 10 penalty units.

[4]Regulation 16

substitute

16False or misleading information

(1)
A person must not, for the purposes of these Regulations, make a statement, or furnish information, that is false or misleading.
Penalty: 10 penalty units.
(2)
For subregulation (1), strict liability applies to whether a statement was made, or information supplied, for the purposes of these Regulations.
Note Forstrict liability, see section 6.1 of the Criminal Code.

Schedule 3Amendments of Australian Horticultural Corporation (Honey Export Control) Regulations

(regulation 5)

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the Australian Horticultural Corporation (Honey Export Control) Regulations 1993.

[2]Regulation 3, note

substitute
Note See section 118 of the Act for the offence of contravening a prohibition in this regulation.

Schedule 4Amendment of Australian Wine and Brandy Corporation Regulations 1981

(regulation 6)

[1]Subregulation 11 (2)

substitute
(2)
A person to whom such a notice is given must not neglect or fail to furnish the return or information to the Corporation within the specified time.
(2A)
It is a defence to a prosecution under subregulation (2) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in subregulation (2A) — see section 13.3 of the Criminal Code.

Schedule 5Amendments of Dairy Adjustment Levy Collection Regulations 2000

(regulation 7)
[1]After subregulation 13 (1), including the penalty
insert
(1A)
For subregulation (1), strict liability applies to whether a person is mentioned in subregulation (2).
Note Forstrict liability, see section 6.1 of the Criminal Code.
[2]After subregulation 14 (1), including the penalty
insert
(1A)
For subregulation (1), strict liability applies to whether a person is mentioned in subregulation 13 (2).
Note Forstrict liability, see section 6.1 of the Criminal Code.

Schedule 6Amendment of Export Control (Orders) Regulations 1982

(regulation 8)

[1]Regulation 4

substitute

4Offences

(1)
If an order made under these Regulations provides that the order, or a provision of it, is a penal provision, a person who fails to comply with the order or provision is guilty of an offence against these Regulations punishable by:
(a)
a fine of 10 penalty units; or
(b)
if the order or provision specifies that it is a penal provision of a particular level — a fine of the number of penalty units specified for a penal provision of that level in the following table:

Level of penal provision	Penalty
level 1 penal provision	10 penalty units
level 2 penal provision	20 penalty units
level 3 penal provision	30 penalty units
level 4 penal provision	40 penalty units
level 5 penal provision	50 penalty units.

(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

Schedule 7Amendments of Fisheries Management Regulations 1992

(regulation 9)

[1]Subregulation 12 (3)

substitute
(3)
If:
(a)
the boat is being used in accordance with the right or permit; and
(b)
the boat does not display its identification code in accordance with subregulation (2);
the master and the owner of the boat are each guilty of an offence.
Maximum penalty: 10 penalty units.
(3A)
It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.

[2]Subregulation 12 (4), penalty

substitute
Maximum penalty: 10 penalty units.

[3]Subregulation 12 (5)

substitute
(5)
If:
(a)
the boat is being used in accordance with the right or permit; and
(b)
the boat’s bow shows a letter or letters and a number that are not:
(i)
the boat’s name or identification code; or
(ii)
an identification marking allocated to the boat under a law of a State or Territory;
the master and the owner of the boat are each guilty of an offence.
Maximum penalty: 10 penalty units.
(5A)
It is a defence to a prosecution under subregulation (5) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.

[4]After subregulation 12 (6)

insert
(7)
An offence under subregulation (3), (4) or (5) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[5]Subregulation 13 (4), penalty

substitute
Maximum penalty: 10 penalty units.
[6]After subregulation 13 (4), including the penalty
insert
(4A)
An offence under subregulation (4) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[7]Subregulation 14 (1)

substitute
(1) The master of a boat that is being used in the AFZ under a fishing concession must make position reports in accordance with subregulations (2) and (3).
Maximum penalty: 10 penalty units.

[8]After subregulation 14 (3)

insert
(4)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.
(5)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[9]Subregulation 15 (1)

substitute
(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s international radio call-sign on the boat in accordance with subregulations (2) to (6).
Maximum penalty: 10 penalty units.

[10]After subregulation 15 (6)

insert
(7)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.
(8)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[11]Subregulation 16 (1)

substitute
(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s name on the boat in accordance with subregulations (2) to (4).
Maximum penalty: 10 penalty units.
(1A)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.

[12]After subregulation 16 (4)

insert
(5)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[13]Subregulation 17 (3), penalty

substitute
Maximum penalty: 5 penalty units.

[14]After subregulation 17 (4)

insert
(5)
An offence under subregulation (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[15]Subregulation 18 (6)

omit
must, unless he or she has a reasonable excuse:
insert
must:

[16]Subregulation 18 (6), penalty

substitute
Maximum penalty: 10 penalty units.
[17]After subregulation 18 (6), including the penalty
insert
(6A)
It is a defence to a prosecution under subregulation (6) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.

[18]Subregulation 18 (7), penalty

substitute
Maximum penalty: 10 penalty units.

[19]Subregulation 18 (9), penalty

substitute
Maximum penalty: 10 penalty units.

[20]Subregulation 18 (10), penalty

substitute
Maximum penalty: 10 penalty units.
[21]After subregulation 18 (10), including the penalty
insert
(11)
An offence under subregulation (6), (7), (9) or (10) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[22]Subregulation 29 (3), penalty

substitute
Maximum penalty: 10 penalty units.

[23]Regulation 30

substitute

30Return of documents

(1)
If AFMA cancels a fishing concession or a scientific permit, the holder of the concession or permit must return the document certifying that the person is the holder not later than 14 days after the person is notified that the concession or permit is cancelled.
Maximum penalty: 1 penalty unit.
(2)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[24]Regulations 33 and 34

substitute

33Keeping logbooks: Australian boats

(1)For each day that a holder of a statutory fishing right or a fishing permit, or a person acting on behalf of the holder, engages in fishing in an area to which an approved logbook relates, the holder must ensure that information about the taking of the fish is recorded in the logbook.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraphs 95 (1) (d), (e) and (f).
(2)
For each day that a holder of a statutory fishing right or a fishing permit, or a person acting on behalf of the holder, sells or otherwise disposes of fish taken in an area to which an approved logbook relates, the holder must ensure that information about the sale or disposal of the fish is recorded in the logbook.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraphs 95 (1) (d), (e) and (f).

(3)The holder of the statutory fishing right or the fishing permit must ensure that the information is recorded in the approved logbook:
(a)
within the time set out in the logbook; or
(b)
if no time is set out in the logbook, within 24 hours after the end of each day on which the boat undertakes fishing in the area to which the logbook relates.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).
(4)
It is a defence to a prosecution under subregulation (1), (2) or (3) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.
(5)
An offence under subregulation (1), (2) or (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

34Keeping logbooks: foreign boats

(1)For each day that the holder of a foreign fishing licence or, if the holder is not the master of the boat, the master, uses the boat in an area to which an approved logbook relates, the holder of the foreign fishing licence or, if the holder is not the master of the boat, the master, must record in the approved logbook information about the use of the boat.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).
(2)The holder of the foreign fishing licence or, if the holder is not the master of the boat, the master, must record the information in the approved logbook:
(a)
within the time set out in the logbook; or
(b)
if no time is set out in the logbook, within 24 hours after the end of each day on which the boat is used in the area to which the logbook relates.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).
(3)
It is a defence to a prosecution under subregulation (1) or (2) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.
(4)
An offence under subregulation (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[25]Subregulation 35 (1), penalty

substitute
Maximum penalty: 10 penalty units.

[26]Subregulation 35 (2), penalty

substitute
Maximum penalty: 10 penalty units.
[27]After subregulation 35 (2), including the penalty
insert
(3)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[28]Subregulation 36 (1), penalty

substitute
Maximum penalty: 5 penalty units.

[29]After subregulation 36 (2)

insert
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.

[30]After subregulation 36 (3)

insert
Note A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code.

[31]Regulation 46

omit
$200.
insert
2 penalty units.

[32]Regulation 69

substitute

69Tori poles

(1)
A person may set a pelagic or drifting longline from a boat only if a tori pole apparatus that complies with Schedule 3D is attached to the boat for each point at which hooks enter the water.
Penalty: 10 penalty units.
(2)
Subregulation (1) does not apply if the boat concerned is exempted under regulation 71.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[33]Subregulation 70 (1)

substitute
(1)
A person may set a pelagic or drifting longline from a boat only if:
(a)
all baits attached to the longline are set after nautical dusk on a day, and before nautical dawn on the following day; and
(b)
only thawed baits are attached to the hooks.
Penalty: 10 penalty units.
(1A)
Subregulation (1) does not apply if the boat concerned is exempted under regulation 71.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.

[34]After subregulation 70 (2)

insert
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[35]After subregulation 71 (4), including the penalty
insert
(5)
An offence under subregulation (4) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[36]Regulation 73

substitute

73Tori poles

(1)
A person may set a pelagic or drifting longline from a boat only if a tori pole apparatus that complies with Schedule 3D is carried on the boat for each point at which hooks enter the water.
Penalty: 10 penalty units.
(2)
Subregulation (1) does not apply if the boat concerned is exempted under regulation 74.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[37]After subregulation 74 (3), including the penalty
insert
(4)
An offence under subregulation (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[38]Subregulations 76 (2) and (3)

substitute
(2)
A person must not discharge offal from a boat while the crew of the boat are hauling a line mentioned in subregulation (1).
Penalty: 10 penalty units.
(3)
Subregulation (2) does not apply if the boat concerned is exempted under regulation 77.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(4)
An offence under subregulation (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
(5)
It is a defence to a prosecution under subregulation (2) if:
(a)
it is not practical to store offal on the boat until the crew has finished hauling the line; and
(b)
the offal is discharged during hauling:
(i)
while the vessel is not under way; and
(ii)
from the opposite side of the vessel to that where the line is being hauled.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
[39]After subregulation 77 (3), including the penalty
insert
(4)
An offence under subregulation (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

Schedule 8Amendments of Meat Inspection (Orders) Regulations

(regulation 10)

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the Meat Inspection (Orders) Regulations 1984.

[2]Regulation 4

substitute

4Offences

(1)
If an order made under regulation 3 provides that it or a provision of it is a prescribed penal provision, a person who fails to comply with the order or provision commits an offence punishable by a fine of 10 penalty units.
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

Schedule 9Amendments of Primary Industries Levies and Charges Collection Regulations 1991

(regulation 11)

[1]Regulation 12

omit
A person
insert
(1)
A person

[2]Regulation 12

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[3]Schedule 2, after subclause 11 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[4]Schedule 3, clause 10

omit
A producer
insert
(1)
A producer

[5]Schedule 3, clause 10

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[6]Schedule 3, after subclause 11 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[7]Schedule 4, after subclause 10 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[8]Schedule 4, clause 11

omit
The owner
insert
(1)
The owner

[9]Schedule 4, clause 11

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[10]Schedule 4, clause 12

omit
A person
insert
(1)
A person

[11]Schedule 4, clause 12

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[12]Schedule 5, after subclause 10 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[13]Schedule 6, clause 9

omit
A producer
insert
(1)
A producer

[14]Schedule 6, clause 9

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[15]Schedule 7, after subclause 15 (2), including the penalty
insert
(3)
An offence under subclause (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[16]Schedule 7, clause 16

omit
A buying agent,
insert
(1)
A buying agent,

[17]Schedule 7, clause 16

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[18]Schedule 7, after subclause 17 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[19]Schedule 7, clause 18

omit
If levy
insert
(1)
If levy

[20]Schedule 7, clause 18

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[21]Schedule 7, after subclause 19 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[22]Schedule 7, clause 20

omit
If the ownership
insert
(1)
If the ownership

[23]Schedule 7, clause 20

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[24]Schedule 8, subclause 8 (3), note 2

substitute
Note 2 For offences in relation to returns, see section 24 of the Collection Act.
[25]Schedule 8, after subclause 11 (3), including the penalty
insert
(4)
An offence under subclause (1), (2) or (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[26]Schedule 9, clause 10

omit
A processor
insert
(1)
A processor

[27]Schedule 9, clause 10

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[28]Schedule 10, clause 11

omit
A first purchaser
insert
(1)
A first purchaser

[29]Schedule 10, clause 11

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[30]Schedule 10, clause 12

omit
A manufacturer
insert
(1)
A manufacturer

[31]Schedule 10, clause 12

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[32]Schedule 11, clause 10

omit
A person
insert
(1)
A person

[33]Schedule 11, clause 10

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[34]Schedule 12, clause 8, note 1

substitute
Note 1 For offences in relation to returns, see section 24 of the Collection Act.

[35]Schedule 12, clause 11

omit
The proprietor
insert
(1)
The proprietor

[36]Schedule 12, clause 11

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[37]Schedule 13, after subclause 13 (5), including the penalty
insert
(5A)
An offence under subclause (1), (2), (3), (4) or (5) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[38]Schedule 14, clause 7, note 2

substitute
Note 2 For offences in relation to returns, see section 24 of the Collection Act.

[39]Schedule 14, after subclause 10 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[40]Schedule 15, clause 18

omit
A producer
insert
(1)
A producer

[41]Schedule 15, clause 18

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[42]Schedule 16, clause 18

omit
A producer
insert
(1)
A producer

[43]Schedule 16, clause 18

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[44]Schedule 17, clause 4

omit
A producer
insert
(1)
A producer

[45]Schedule 17, clause 4

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[46]Schedule 18, after subclause 10 (2), including the penalty
insert
(3)
An offence under subclause (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[47]Schedule 19, subclause 8 (3), note 2

substitute
Note 2 For offences in relation to returns, see section 24 of the Collection Act.
[48]Schedule 19, after subclause 11 (3), including the penalty
insert
(4)
An offence under subclause (1), (2) or (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[49]Schedule 20, clause 12

omit
The proprietor
insert
(1)
The proprietor

[50]Schedule 20, clause 12

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[51]Schedule 21, clause 12

omit
A person
insert
(1)
A person

[52]Schedule 21, clause 12

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[53]Schedule 21, after subclause 13 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[54]Schedule 21, clause 14

omit
A producer,
insert
(1)
A producer,

[55]Schedule 21, clause 14

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[56]Schedule 21, after subclause 16 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[57]Schedule 22, after subclause 2.9 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[58]Schedule 22, clause 3.21

omit
A producer
insert
(1)
A producer

[59]Schedule 22, clause 3.21

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[60]Schedule 22, clause 3.22

omit
A first purchaser
insert
(1)
A first purchaser

[61]Schedule 22, clause 3.22

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[62]Schedule 22, clause 3.23

omit
A buying agent
insert
(1)
A buying agent

[63]Schedule 22, clause 3.23

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[64]Schedule 22, clause 3.24

omit
A person
insert
(1)
A person

[65]Schedule 22, clause 3.24

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[66]Schedule 22, clause 4.17

omit
A producer
insert
(1)
A producer

[67]Schedule 22, clause 4.17

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[68]Schedule 22, clause 4.18

omit
A first purchaser
insert
(1)
A first purchaser

[69]Schedule 22, clause 4.18

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[70]Schedule 22, clause 4.19

omit
An exporter
insert
(1)
An exporter

[71]Schedule 22, clause 4.19

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[72]Schedule 22, clause 4.20

omit
A selling agent
insert
(1)
A selling agent

[73]Schedule 22, clause 4.20

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[74]Schedule 22, subclause 5.10 (1), at the foot

insert
Penalty: 10 penalty units.

[75]Schedule 22, subclause 5.10 (2), penalty

omit

[76]Schedule 22, after subclause 5.10 (4)

insert
(5)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[77]Schedule 22, clause 6.10

omit
A producer
insert
(1)
A producer

[78]Schedule 22, clause 6.10

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[79]Schedule 22, clause 6.11

omit
A first purchaser
insert
(1)
A first purchaser

[80]Schedule 22, clause 6.11

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[81]Schedule 22, clause 6.12

omit
A buying agent
insert
(1)
A buying agent

[82]Schedule 22, clause 6.12

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[83]Schedule 22, clause 6.13

omit
An exporter
insert
(1)
An exporter

[84]Schedule 22, clause 6.13

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[85]Schedule 22, clause 6.14

omit
An exporting agent
insert
(1)
An exporting agent

[86]Schedule 22, clause 6.14

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[87]Schedule 22, clause 6.15

omit
A selling agent
insert
(1)
A selling agent

[88]Schedule 22, clause 6.15

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[89]Schedule 22, clause 7.22

omit
A producer
insert
(1)
A producer

[90]Schedule 22, clause 7.22

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[91]Schedule 22, clause 7.23

omit
A first purchaser
insert
(1)
A first purchaser

[92]Schedule 22, clause 7.23

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[93]Schedule 22, clause 7.24

omit
A selling agent
insert
(1)
A selling agent

[94]Schedule 22, clause 7.24

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[95]Schedule 22, clause 7.25

omit
A person
insert
(1)
A person

[96]Schedule 22, clause 7.25

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[97]Schedule 22, after subclause 8.9 (3)

insert
(4)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[98]Schedule 22, clause 9.20

omit
A producer

insert
(1)
A producer

[99]Schedule 22, clause 9.20

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[100]Schedule 22, clause 9.21

omit
A first purchaser
insert
(1)
A first purchaser

[101]Schedule 22, clause 9.21

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[102]Schedule 22, clause 9.22

omit
A buying agent
insert
(1)
A buying agent

[103]Schedule 22, clause 9.22

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[104]Schedule 22, clause 9.23

omit
An exporter
insert
(1)
An exporter

[105]Schedule 22, clause 9.23

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[106]Schedule 22, clause 9.24

omit
A selling agent
insert
(1)
A selling agent

[107]Schedule 22, clause 9.24

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[108]Schedule 22, subclause 10.11 (2), note 1

substitute
Note 1 For offences in relation to returns, see section 24 of the Collection Act.

[109]Schedule 22, after subclause 10.13 (4)

insert
(5)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[110]Schedule 22, clause 10.14

omit
An exporter
insert
(1)
An exporter

[111]Schedule 22, clause 10.14

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[112]Schedule 22, after subclause 10.15 (2), including the penalty
insert
(3)
An offence under subclause (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[113]Schedule 22, clause 11.21

omit
A producer
insert
(1)
A producer

[114]Schedule 22, clause 11.21

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[115]Schedule 22, clause 11.22

omit
A first purchaser
insert
(1)
A first purchaser

[116]Schedule 22, clause 11.22

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[117]Schedule 22, clause 11.23

omit
A buying agent
insert
(1)
A buying agent

[118]Schedule 22, clause 11.23

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[119]Schedule 22, clause 11.24

omit
A person
insert
(1)
A person

[120]Schedule 22, clause 11.24

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[121]Schedule 22, after subclause 12.10 (3)

insert
(4)
An offence under subclause (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[122]Schedule 22, after subclause 13.12 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[123]Schedule 22, clause 14.22

omit
A primary producer
insert
(1)
A primary producer

[124]Schedule 22, clause 14.22

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[125]Schedule 22, clause 14.23

omit
An owner
insert
(1)
An owner

[126]Schedule 22, clause 14.23

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[127]Schedule 22, clause 14.24

omit
A person
insert
(1)
A person

[128]Schedule 22, clause 14.24

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[129]Schedule 22, clause 14.25

omit
A first purchaser,
insert
(1)
A first purchaser,

[130]Schedule 22, clause 14.25

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[131]Schedule 22, after subclause 15.18 (3)

insert
(4)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[132]Schedule 22, after subclause 16.12 (4)

insert
(5)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[133]Schedule 22, clause 16.13

omit
A buyer
insert
(1)
A buyer

[134]Schedule 22, clause 16.13

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[135]Schedule 22, subclause 17.18 (1)

substitute
(1)
The following persons must keep records, in accordance with subclauses (2) and (3), for a levy year:
(a)
a person mentioned in subclause 17.7 (1);
(b)
a producer who sells vegetables to which this Part applies by retail sale in the levy year.
Penalty: 10 penalty units.
(1A)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[136]Schedule 23, after subclause 9 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[137]Schedule 24, after subclause 9 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[138]Schedule 25, clause 9

omit
A producer
insert
(1)
A producer

[139]Schedule 25, clause 9

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[140]Schedule 26, after subclause 9 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[141]Schedule 27, after subclause 15 (2), including the penalty
insert
(3)
An offence under subclause (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[142]Schedule 27, clause 16

omit
A buying agent
insert
(1)
A buying agent

[143]Schedule 27, clause 16

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[144]Schedule 27, clause 17

omit
If levy
insert
(1)
If levy

[145]Schedule 27, clause 17

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[146]Schedule 27, after subclause 18 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[147]Schedule 27, clause 19

omit
If the ownership
insert
(1)
If the ownership

[148]Schedule 27, clause 19

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[149]Schedule 28, after subclause 9 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[150]Schedule 29, subclause 8 (3), note 2

substitute
Note 2 For offences in relation to returns, see section 24 of the Collection Act.

[151]Schedule 29, subclause 10 (4), note

omit
[152]Schedule 29, after subclause 11 (3), including the penalty
insert
(4)
An offence under subclause (1), (2) or (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[153]Schedule 31, clause 7, note 1

substitute
Note 1 For offences in relation to returns, see section 24 of the Collection Act.

[154]Schedule 31, clause 10

omit
A proprietor
insert
(1)
A proprietor

[155]Schedule 31, clause 10

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[156]Schedule 31, clause 11

omit
A person
insert
(1)
A person

[157]Schedule 31, clause 11

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[158]Schedule 32, clause 11

omit
A processor
insert
(1)
A processor

[159]Schedule 32, clause 11

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[160]Schedule 33, clause 11

omit
A processor
insert
(1)
A processor

[161]Schedule 33, clause 11

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[162]Schedule 34, after subclause 12 (2), including the penalty
insert
(3)
An offence under subclause (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[163]Schedule 35, after subclause 18 (2)

insert
(3)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[164]Schedule 36, clause 12

omit
The proprietor
insert
(1)
The proprietor

[165]Schedule 36, clause 12

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[166]Schedule 37, clause 1.9

omit
A producer
insert
(1)
A producer

[167]Schedule 37, clause 1.9

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[168]Schedule 37, clause 2.23

omit
A processor
insert
(1)
A processor

[169]Schedule 37, clause 2.23

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[170]Schedule 37, after subclause 2.24 (3)

insert
(4)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[171]Schedule 37, clause 2.25

omit
A person
insert
(1)
A person

[172]Schedule 37, clause 2.25

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[173]Schedule 37, clause 2.26

omit
A first purchaser,
insert
(1)
A first purchaser,

[174]Schedule 37 clause 2.26

insert
(2)
An offence under subclause (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[175]Schedule 37, subclause 3.6 (1), note 2

substitute
Note 2 For offences in relation to returns, see section 24 of the Collection Act.

[176]Schedule 37, clause 3.11, note

substitute
Note 1 A levy year is a financial year: see clause 3.3.
Note 2 For offences in relation to returns, see section 24 of the Collection Act.

[177]Further amendments — notes

The Primary Industries Levies and Charges Collection Regulations 1991 are further amended as follows:
(a)
by inserting the following note:
Note For offences in relation to returns, see section 24 of the Collection Act.
at the foot of each of the following provisions:
•
Schedule 5, clause 9
•
Schedule 18, subclause 7 (1)
•
Schedule 22, clauses 2.8, 3.19, 4.7, 4.10, 4.11, 4.16, 7.8, 7.9, 7.20, 9.10, 9.19, 11.8, 11.19, 12.7, 12.8, 13.10, 14.21 and 15.17
•
Schedule 29, clause 9
•
Schedule 29, subclause 10 (1)
•
Schedule 34, clause 10
•
Schedule 37, clauses 2.22, 3.8, 3.16, 3.17 and 3.18;
(b)
by substituting that note for the note at the foot of each of the following provisions:
•
Schedule 2, clause 8
•
Schedule 2, subclauses 9 (1) and (2)
•
Schedule 2, clause 10
•
Schedule 3, subclause 6 (2)
•
Schedule 3, clauses 7, 8 and 9
•
Schedule 4, clauses 7, 8 and 9
•
Schedule 5, clauses 7 and 8
•
Schedule 6, clauses 6 and 7
•
Schedule 6, subclause 8 (2)
•
Schedule 7, subclauses 7 (1) and (2), 8 (1) and (2), 9 (1) and 10 (1)
•
Schedule 7, clauses 12 and 13
•
Schedule 7, subclause 14 (2)
•
Schedule 8, clause 9
•
Schedule 8, subclause 10 (4)
•
Schedule 9, subclauses 7 (1) and (2)
•
Schedule 9, clauses 8 and 9
•
Schedule 10, clauses 8, 9 and 10
•
Schedule 11, clauses 7, 8 and 9
•
Schedule 12, clauses 9 and 10
•
Schedule 13, subclauses 10 (1), (2) and (3)
•
Schedule 13, clauses 11 and 12
•
Schedule 14, clauses 8 and 9
•
Schedule 15, subclause 5 (1)
•
Schedule 15, clauses 6, 7, 8, 10 and 16
•
Schedule 16, subclause 6 (1)
•
Schedule 16, clauses 7, 8, 9, 10 and 16
•
Schedule 18, subclause 7 (2)
•
Schedule 18, clauses 8 and 9
•
Schedule 19, clause 9
•
Schedule 19, subclause 10 (4)
•
Schedule 20, clauses 8 and 9
•
Schedule 20, subclauses 10 (1) and 11 (1)
•
Schedule 21, clauses 6, 7, 9 and 10
•
Schedule 21, subclause 11 (1)
•
Schedule 22, clauses 2.6 and 2.7
•
Schedule 22, subclause 3.6 (1)
•
Schedule 22, clause 3.7
•
Schedule 22, subclauses 3.8 (1) and (2) and 3.10 (1), (2), (3) and (4)
•
Schedule 22, clauses 3.11, 3.12, 3.13 and 3.14
•
Schedule 22, subclause 4.6 (1)
•
Schedule 22, clauses 4.9, 5.7, 5.8, 5.9, 6.7, 6.8 and 6.9
•
Schedule 22, subclause 7.6 (1)
•
Schedule 22, clause 7.7
•
Schedule 22, subclauses 7.11 (1), (2), (3) and (4)
•
Schedule 22, clause 7.12
•
Schedule 22, subclauses 7.13 (1), 7.14 (1) and 7.15 (1)
•
Schedule 22, clauses 8.6, 8.7 and 8.8
•
Schedule 22, subclause 9.9 (1)
•
Schedule 22, clauses 9.12, 9.13, 9.14 and 10.10
•
Schedule 22, subclauses 10.11 (1), 10.12 (1) and 11.6 (1)
•
Schedule 22, clause 11.7
•
Schedule 22, subclauses 11.10 (1), (2), (3) and (4)
•
Schedule 22, clauses 11.11, 11.12, 11.13 and 11.14
•
Schedule 22, subclause 12.9 (1)
•
Schedule 22, clause 13.9
•
Schedule 22, subclause 14.11 (1)
•
Schedule 22, clauses 14.12, 14.14 and 14.15
•
Schedule 22, subclauses 14.16 (1) and 15.7 (1)
•
Schedule 22, clauses 15.8, 15.10, 15.11, 15.12, 16.9 and 16.10
•
Schedule 22, subclauses 16.11 (1) and 17.7 (1)
•
Schedule 22, clauses 17.8, 17.10, 17.11, 17.17, 18.10 and 18.11
•
Schedule 22, subclause 18.12 (1)
•
Schedule 22, clause 18.13
•
Schedule 23, clause 6
•
Schedule 23, subclauses 7 (1) and (2) and 8 (1)
•
Schedule 24, clauses 6 and 7
•
Schedule 24, subclause 8 (1)
•
Schedule 25, clauses 6 and 7
•
Schedule 25, subclause 8 (2)
•
Schedule 26, clause 6
•
Schedule 26, subclauses 7 (1) and (2) and 8 (1)
•
Schedule 27, subclauses 8 (1) and (2), 9 (1) and (2) and 10 (1)
•
Schedule 27, clauses 12 and 13
•
Schedule 27, subclause 14 (2)
•
Schedule 28, clause 6
•
Schedule 28, subclause 7 (1)
•
Schedule 28, clause 8
•
Schedule 31, clauses 8 and 9
•
Schedule 32, clauses 8, 9 and 10
•
Schedule 33, clauses 8, 9 and 10
•
Schedule 34, subclause 9 (3)
•
Schedule 34, clause 11
•
Schedule 35, clauses 7, 8, 10, 11, 12 and 17
•
Schedule 36, clauses 9 and 10
•
Schedule 36, subclause 11 (1)
•
Schedule 37, clauses 1.6 and 1.7
•
Schedule 37, subclauses 1.8 (1) and 2.9 (1)
•
Schedule 37, clauses 2.10, 2.12, 2.13 and 2.14
•
Schedule 37, subclause 2.15 (1)
•
Schedule 37, clauses 2.16, 2.17 and 3.9.

Schedule 10Amendments of Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998

(regulation 12)

[1]Regulation 22

omit
A person
insert
(1)
A person

[2]Regulation 22

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[3]Regulation 66

omit
A producer
insert
(1)
A producer

[4]Regulation 66

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[5]Regulation 67

omit
A person
insert
(1)
A person

[6]Regulation 67

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[7]After subregulation 94 (2), including the penalty
insert
(3)
An offence under subregulation (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[8]Regulation 95

omit
A person
insert
(1)
A person

[9]Regulation 95

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[10]Regulation 122

omit
A person
insert
(1)
A person

[11]Regulation 122

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[12]Regulation 142, note 1

substitute
Note 1 For offences in relation to returns, see section 24 of the Collection Act.
[13]After subregulation 234 (2), including the penalty
insert
(3)
An offence under subregulation (1) or (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[14]Regulation 235

omit
A person
insert
(1)
A person

[15]Regulation 235

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[16]Further amendments — notes

The Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 are further amended as follows:
(a)
by inserting the following note:
Note For offences in relation to returns, see section 24 of the Collection Act.
at the foot of subregulations 118 (2) and 233 (1);
(b)
by substituting that note for the note at the foot of each of the following provisions:
•
subregulation 11 (2)
•
regulation 17
•
subregulations 18 (2), 19 (2), 20 (1) and 30 (2)
•
regulations 38, 54, 55 and 63
•
subregulations 64 (2) and 65 (1)
•
regulation 75
•
subregulation 82 (1)
•
regulation 91
•
subregulations 92 (2) and 93 (1)
•
regulation 102
•
subregulations 111 (2), 117 (2) and 119 (1) and (2)
•
regulations 130, 136, 148, 157, 187, 194, 202, 208, 214, 221 and 231
•
subregulations 232 (2) and 248 (4)
•
regulation 256.

Schedule 11Amendments of Quarantine Regulations 2000

(regulation 13)

[1]Subregulation 15 (1)

omit
, as soon as practicable,
insert
immediately

[2]After subregulation 15 (2)

insert
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[3]After subregulation 16 (4)

insert
(5)
An offence under subregulation (2) or (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[4]Regulation 17

omit
The master
insert
(1)
The master

[5]Regulation 17

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[6]Subregulation 20 (2)

substitute
(2)
If the person becomes aware that the information is incomplete or inaccurate, the person must immediately give the complete or correct information to a quarantine officer.
Penalty: 50 penalty units.
(3)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
[7]After subregulation 21 (2), including the penalty
insert
(3)
For subregulations (1) and (2), strict liability applies to the question whether information was given or reported to a quarantine officer under regulation 15, 16, 17, 19 or 20.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[8]Regulation 23

omit
The commander
insert
(1)
The commander

[9]Regulation 23

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[10]Regulation 27

substitute

27Stores etc not to be discharged etc

(1)
A person must not discharge or remove stores or waste from an overseas vessel or overseas installation at a port in Australia or the Cocos Islands.
Penalty: 30 penalty units.
Note Port includes, in relation to an aircraft, any place at which an aircraft can land, whether a landing place or not — see subsection 5 (1) of the Act.
(2)
It is a defence to a prosecution under subregulation (1) if the master of the vessel or installation has given the person permission to discharge or remove the relevant stores or waste.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[11]After subregulation 28 (2)

insert
(3)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[12]Regulation 30

omit
For subparagraph
insert
(1)
For subparagraph

[13]Regulation 30

insert
(2)
For subregulation (1), strict liability applies to the question of whether section 68A of the Act applies to a vessel or installation.
Note Forstrict liability, see section 6.1 of the Criminal Code.

Schedule 12Amendments of Quarantine (Cocos Islands) Regulations

(regulation 14)

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the Quarantine (Cocos Islands) Regulations 1982.

[2]Subregulation 4 (1)

substitute
(1)
A person who keeps a domestic animal commits an offence punishable by a fine of 1 penalty unit if:
(a)
the animal is not registered; or
(b)
the person is not shown in the register as the animal’s keeper.

[3]Paragraph 4 (2) (c)

substitute
(c)
the person has been resident in the Cocos Islands for less than 21 days; or
(d)
the person has a reasonable excuse for the animal not being registered or for the person not being shown in the register as the animal’s keeper.

[4]Subregulation 4 (2), at the foot

insert
Note A defendant bears an evidential burden in relation to any of the matters mentioned in subregulation (2) — see section 13.3 of the Criminal Code.

[5]After subregulation 4 (2)

insert
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[6]Regulation 6

omit
Where any part
insert
(1)
If any part

[7]Regulation 6, penalty

substitute
Penalty: 1 penalty unit.

[8]Regulation 6

insert
(2)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[9]Subregulations 10 (2), (3) and (4)

substitute
(2)
A person who fails to comply with subregulation (1) commits an offence.
Penalty:   1 penalty unit.
(3)
A person must not remove a registration tag from a domestic animal.
Penalty:   1 penalty unit.
(4)
A person must not cause or permit a domestic animal to bear a registration tag that was not issued for the animal.
Penalty:   1 penalty unit.
(5)
It is a defence to a prosecution under subregulation (2), (3) or (4) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(6)
An offence under subregulation (2), (3) or (4) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[10]Subregulation 12 (1)

substitute
(1)
A person commits an offence if he or she ceases to keep a domestic animal and fails to deliver the animal into the keeping of another person.
Penalty: 1 penalty unit.

[11]After subregulation 12 (4)

insert
(5)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[12]Subregulation 15 (2)

substitute
(2)
A person must not fail to answer a question put to him or her under subregulation (1).
Penalty: 1 penalty unit.
(3)
It is a defence to a prosecution under subregulation (2) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(4)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[13]Regulation 16

substitute

16Death of domestic animals to be notified

(1)
If a domestic animal dies in circumstances that indicate that it may have been infected with a disease, the person who kept it at the time of its death must immediately tell a quarantine officer about the death.
Penalty: 1 penalty unit.
(2)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[14]Subregulation 17 (2)

substitute
(2)
A person must not fail to answer a question put to him or her under subregulation (1).
Penalty: 1 penalty unit.
(3)
It is a defence to a prosecution under subregulation (2) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(4)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[15]Regulation 18

substitute

18Symptoms of diseases in goods to be notified

(1)
If a person finds, in goods, symptoms that indicate that the goods are, or are likely to be, infected with a disease, the person must immediately tell a quarantine officer of those symptoms, and of the location of the goods.
Penalty: 1 penalty unit.
(2)
It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[16]Subregulation 23 (2), penalty

substitute
Penalty: 1 penalty unit.
[17]After subregulation 23 (2), including the penalty
insert
(2A)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[18]Subregulation 24 (1), at the foot

insert
Penalty: 1 penalty unit.

[19]After subregulation 24 (2)

insert
(3)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[20]Regulation 27

omit
A person shall not,
insert
(1)
A person must not,

[21]Regulation 27, penalty

substitute
Penalty: 1 penalty unit.

[22]Regulation 27

insert
(2)
Strict liability applies to whether a question was put under these Regulations.
Note Forstrict liability, see section 6.1 of the Criminal Code.

Schedule 13Amendments of Torres Strait Fisheries Regulations 1985

(regulation 15)

[1]Paragraph 7 (3) (d)

omit
$2,000; or
insert
20 penalty units; or

[2]Paragraph 7 (3) (e)

omit
$10,000.
insert
100 penalty units.

[3]After subregulation 7 (3)

insert
(4)
An offence under subregulation (3) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[4]Subregulation 8 (2)

omit
$2,000.
insert
20 penalty units.

[5]After subregulation 8 (2)

insert
(2A)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[6]Subregulation 9 (2), penalty

substitute
Penalty: 1 penalty unit.
[7]After subregulation 9 (2), including the penalty
insert
(3)
An offence under subregulation (2) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[8]Subregulation 12 (4)

substitute
(4)
If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.
(5)
It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(6)
An offence under subregulation (4) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.

[9]Subregulation 13 (1)

substitute
(1)
A person must not, either directly or indirectly:
(a)
make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log-book; or
(b)
produce to a person any part of a log-book in which information has been recorded under these Regulations.
Penalty: 5 penalty units.
(1A)
An offence under subregulation (1) is an offence of strict liability.
Note Forstrict liability, see section 6.1 of the Criminal Code.
(1B)
Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.
Note A defendant bears an evidential burden in relation to the matters mentioned in this subregulation — see section 13.3 of the Criminal Code.

Notes

1. These Regulations amend (in Schedule 1) Statutory Rules 1995 No. 27, as amended by 1995 Nos. 54, 137 and 187; 1996 Nos. 83, 111, 162 and 216; 1997 No. 264; 1999 Nos. 215 and 247.
These Regulations also amend (in Schedule 2) Statutory Rules 1991 No. 199, as amended by 1992 No. 377.
These Regulations also amend (in Schedule 3) Statutory Rules 1993 No. 26, as amended by Act No. 137, 2000.
These Regulations also amend (in Schedule 4) Statutory Rules 1981 No. 156, as amended by 1986 No. 161; 1993 No. 374; 1994 No. 338; 2000 No. 130; 2001 No. 76.
These Regulations also amend (in Schedule 5) Statutory Rules 2000 No. 98.
These Regulations also amend (in Schedule 6) Statutory Rules 1982 No. 355, as amended by 1999 No. 221.
These Regulations also amend (in Schedule 7) Statutory Rules 1992 No. 20, as amended by 1992 No. 455; 1993 Nos. 74, 118 and 296; 1994 Nos. 77, 125 and 419; 1995 Nos. 285 and 360; 1996 Nos. 67 and 317; 1997 Nos. 19, 95, 186, 278 and 410; 1998 No. 24; 1999 Nos. 22, 98, 130 and 285; 2000 Nos. 56, 92, 310, 337, 338 and 339; 2001 Nos. 3, 22, 190 and 302; 2002 Nos. 25 and 27.
These Regulations also amend (in Schedule 8) Statutory Rules 1984 No. 115.
These Regulations also amend (in Schedule 9) Statutory Rules 1991 No. 196, as amended by 1991 No. 439; 1992 No. 228; 1997 No. 208; 1999 No. 303; 2000 Nos. 133, 238 (as amended by 2000 No. 264), 264, 321 and 346; 2001 Nos. 62, 110, 114, 153, 235 and 261.
These Regulations also amend (in Schedule 10) Statutory Rules 1998 No. 147, as amended by 1998 Nos. 182, 245 and 316; 1999 Nos. 24, 179, 214 and 269; 2000 Nos. 134, 240, 285 and 323; 2001 Nos. 115, 136, 218 and 259; 2002 No. 50.
These Regulations also amend (in Schedule 11) Statutory Rules 2000 No. 129, as amended by 2001 No. 154; 2002 No. 2.
These Regulations also amend (in Schedule 12) Statutory Rules 1982 No. 194, as amended by 1984 No. 174.
These Regulations also amend (in Schedule 13) Statutory Rules 1985 No. 9, as amended by 1985 No. 359; 1987 No. 31; 1988 No. 198; 1999 No. 51.
2. Notified in the Commonwealth of Australia Gazette on 5 April 2002.