Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (Cth)
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000
Act No. 137 of 2000 as amended
This compilation was prepared on 5 April 2006
[This Act was amended by Act No. 63 of 2002; No. 9 of 2006]
Amendments from Act No. 63 of 2002
[Schedule 2 (item 7) amended item 185 of Schedule 2
Schedule 2 (item 7) commenced immediately after 24 May 2001]
Amendment from Act No. 9 of 2006
[Schedule 2 (item 16) amended item 277 of Schedule 2
Schedule 2 (item 16) commenced immediately after 24 May 2001]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 1
3............ Schedule(s).......................................................................................... 2
Schedule 1—Amendment of the Criminal Code Act 1995 3
Schedule 2—Amendment of other laws 94
Part 1—Amendments 94
Aboriginal and Torres Strait Islander Commission Act 1989 94
Aboriginal Councils and Associations Act 1976 95
Aboriginal Land Rights (Northern Territory) Act 1976 95
Aged Care Act 1997 96
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 96
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 96
Agricultural and Veterinary Chemicals (Administration) Act 1992 96
Air Navigation Regulations 1947 96
Airports Act 1996 97
Antarctic Treaty (Environment Protection) Act 1980 97
Auditor-General Act 1997 97
Australian Citizenship Act 1948 98
Australian Federal Police Act 1979 98
Australian Film Commission Act 1975 99
Australian Horticultural Corporation (Export Control) Regulations 99
Australian Horticultural Corporation (Honey Export Control) Regulations 99
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 99
Australian Protective Service Act 1987 100
Australian Security Intelligence Organisation Act 1979 100
Australian Trade Commission Act 1985 100
Bankruptcy Act 1966 100
Bounty and Capitalisation Grants (Textile Yarns) Act 1981 101
Bounty (Bed Sheeting) Act 1977 102
Bounty (Books) Act 1986 103
Bounty (Citric Acid) Act 1991 104
Bounty (Computers) Act 1984 105
Bounty (Fuel Ethanol) Act 1994 106
Bounty (Machine Tools and Robots) Act 1985 107
Bounty (Photographic Film) Act 1989 107
Bounty (Ships) Act 1989 108
Broadcasting Services Act 1992 109
Civil Aviation Act 1988 110
Civil Aviation Regulations 1988 110
Coal Excise Act 1949 110
Coal Industry Act 1946 110
Commonwealth Electoral Act 1918 110
Commonwealth Inscribed Stock Act 1911 111
Commonwealth Places (Application of Laws) Act 1970 111
Complaints (Australian Federal Police) Act 1981 111
Crimes Act 1914 111
Customs Act 1901 113
Dairy Produce Act 1986 113
Defence Act 1903 114
Defence (Special Undertakings) Act 1952 114
Diplomatic and Consular Missions Act 1978 114
Disability Discrimination Act 1992 114
Distillation Act 1901 115
Environment Protection (Alligator Rivers Region) Act 1978 115
Excise Act 1901 115
Export Control Act 1982 116
Export Expansion Grants Act 1978 116
Export Inspection and Meat Charges Collection Act 1985 116
Export Market Development Grants Act 1997 116
Farm Household Support Act 1992 117
Financial Management and Accountability Act 1997 118
Financial Sector (Shareholdings) Act 1998 118
First Home Owners Act 1983 118
Fisheries Management Act 1991 118
Foreign Acquisitions and Takeovers Act 1975 119
Great Barrier Reef Marine Park Act 1975 119
Great Barrier Reef Marine Park Regulations 119
Hazardous Waste (Regulation of Exports and Imports) Act 1989 120
Health Insurance Act 1973 120
Health Insurance Commission Act 1973 120
Historic Shipwrecks Act 1976 121
Home Deposit Assistance Act 1982 122
Homes Savings Grant Act 1976 122
Human Rights and Equal Opportunity Commission Act 1986 122
Immigration (Guardianship of Children) Act 1946 122
Imported Food Control Act 1992 123
Income Tax Assessment Act 1936 124
Industrial Chemicals (Notification and Assessment) Act 1989 124
Industrial Research and Development Incentives Act 1976 124
Industry Research and Development Act 1986 125
Inspector-General of Intelligence and Security Act 1986 125
Insurance Acquisitions and Takeovers Act 1991 125
Insurance Act 1973 126
Insurance (Agents and Brokers) Act 1984 127
Interstate Road Transport Act 1985 127
Life Insurance Act 1995 127
Marriage Act 1961 128
Meat Export Charge Collection Act 1984 128
Meat Inspection Act 1983 128
Migration Act 1958 128
Motor Vehicle Standards Act 1989 129
National Health Act 1953 130
National Occupational Health and Safety Commission Act 1985 130
Native Title Act 1993 130
Navigation Act 1912 130
Northern Territory (Self-Government) Act 1978 131
Nuclear Non-Proliferation (Safeguards) Act 1987 132
Occupational Health and Safety (Commonwealth Employment) Act 1991 132
Occupational Health and Safety (Maritime Industry) Act 1993 132
Offshore Minerals Act 1994 132
Ombudsman Act 1976 133
Passenger Movement Charge Collection Act 1978 133
Passports Act 1938 133
Petroleum Excise (Prices) Act 1987 134
Pooled Development Funds Act 1992 134
Prawn Export Promotion Act 1995 135
Prices Surveillance Act 1983 135
Primary Industries Levies and Charges Collection Act 1991 135
Proceeds of Crime Act 1987 135
Protection of Movable Cultural Heritage Act 1986 139
Public Lending Right Act 1985 140
Public Service Act 1999 140
Quarantine Act 1908 140
Racial Discrimination Act 1975 141
Radiocommunications Act 1992 141
Resource Assessment Commission Act 1989 143
Retirement Savings Accounts Act 1997 143
Seat of Government (Administration) Act 1910 143
Secret Commissions Act 1905 144
Sex Discrimination Act 1984 144
Ships (Capital Grants) Act 1987 144
Spirits Act 1906 145
Stevedoring Industry Levy Collection Act 1977 145
Student Assistance Act 1973 146
Superannuation Act 1976 146
Superannuation Industry (Supervision) Act 1993 147
Sydney Airport Demand Management Act 1997 147
Taxation Administration Act 1953 148
Telecommunications (Interception) Act 1979 148
Torres Strait Fisheries Act 1984 148
Veterans’ Entitlements Act 1986 149
Wool Tax (Administration) Act 1964 150
Workplace Relations Act 1996 150
Part 2—Transitional provisions 152
An Act to amend the Criminal Code Act 1995, and for other purposes
[Assented to 24 November 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000.
2 Commencement
(1) The following provisions of this Act commence on the day on which this Act receives the Royal Assent:
(a) sections 1, 2 and 3;
(b) items 1, 4, 6, 7, 9, 10, 11 and 32 of Schedule 1.
(2) Subject to this section, the provisions of this Act that are not covered by subsection (1) commence on a day to be fixed by Proclamation.
(3) If item 15 of Schedule 1 to this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, the provisions of this Act that are not covered by subsection (1) commence on the first day after the end of that period. This subsection has effect subject to the following subsections of this section.
(5) If item 2 of Schedule 1 to the Human Rights Legislation Amendment Act 2000 commences before the commencement of item 15 of Schedule 1 to this Act, this Act has effect as if the amendments of the Human Rights and Equal Opportunities Commission Act 1986 contained in Schedule 2 to this Act were amendments of the Human Rights and Responsibilities Commission Act 1986.
(9) If the Superannuation Act 1976 is repealed before the commencement of item 15 of Schedule 1 to this Act, this Act has effect as if the amendments of the Superannuation Act 1976 contained in Schedule 2 to this Act were amendments of the Superannuation Act 1976 as that Act continues to apply under subsection 11(1) of the Superannuation Legislation (Commonwealth Employment—Saving and Transitional Provisions) Act 2000.
3 Schedule(s)
(1) Subject to section 2, each Act, and each regulation, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor-General.
Schedule 1—Amendment of the Criminal Code Act 1995
1A Section 3B
Omit “An installation”, substitute “Unless the contrary intention appears, an installation”.
1 After section 4
Insert:
5 Regulations
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
2 The Schedule (section 3.2 of the Criminal Code, note)
Omit “Note”, substitute “Note 1”.
3 The Schedule (at the end of section 3.2 of the Criminal Code)
Add:
Note 2: See Part 2.7 on geographical jurisdiction.
4 The Schedule (subsection 4.1(2) of the Criminal Code)
Insert:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
5 The Schedule (section 5.1 of the Criminal Code, example)
Repeal the example.
6 The Schedule (section 5.6 of the Criminal Code)
Omit “of an offence” (wherever occurring).
7 The Schedule (at the end of Part 2.3 of the Criminal Code)
Add:
10.5 Lawful authority
A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.
7A After subsection 11.1(3)
Insert:
(3A) Subsection (3) has effect subject to subsection (6A).
7B After subsection 11.1(6)
Insert:
(6A) Any special liability provisions that apply to an offence apply also to the offence of attempting to commit that offence.
8 The Schedule (subsection 11.1(7) of the Criminal Code)
Omit “or section 11.5 (conspiracy)”, substitute “, section 11.5 (conspiracy to commit an offence) or section 135.4 (conspiracy to defraud)”.
8A After subsection 11.2(3)
Insert:
(3A) Subsection (3) has effect subject to subsection (6).
8B At the end of section 11.2
Add:
(6) Any special liability provisions that apply to an offence apply also to the offence of aiding, abetting, counselling or procuring the commission of that offence.
8C After subsection 11.4(2)
Insert:
(2A) Subsection (2) has effect subject to subsection (4A).
8D After subsection 11.4(4)
Insert:
(4A) Any special liability provisions that apply to an offence apply also to the offence of incitement in respect of that offence.
8E After subsection 11.5(2)
Insert:
(2A) Subsection (2) has effect subject to subsection (7A).
8F After subsection 11.5(7)
Insert:
(7A) Any special liability provisions that apply to an offence apply also to the offence of conspiracy to commit that offence.
9 The Schedule (subsection 11.6(1) of the Criminal Code)
Omit “an Act to an offence against an Act”, substitute “a law of the Commonwealth to an offence against a law of the Commonwealth”.
10 The Schedule (subsections 11.6(2) and (3) of the Criminal Code)
Omit “an Act”, substitute “a law of the Commonwealth”.
11 The Schedule (at the end of section 11.6 of the Criminal Code (before the note))
Add:
(4) In particular, an express reference in a law of the Commonwealth to:
(a) an offence against, under or created by the Crimes Act 1914; or
(b) an offence against, under or created by a particular provision of the Crimes Act 1914; or
(c) an offence arising out of the first-mentioned law or another law of the Commonwealth; or
(d) an offence arising out of a particular provision; or
(e) an offence against, under or created by the Taxation Administration Act 1953;
does not mean that the first-mentioned law is impliedly to the contrary effect.
12 The Schedule (after Part 2.6 of the Criminal Code)
Insert:
Part 2.7—Geographical jurisdiction
Division 14—Standard geographical jurisdiction
14.1 Standard geographical jurisdiction
(1) This section may apply to a particular offence in either of the following ways:
(a) unless the contrary intention appears, this section applies to the following offences:
(i) a primary offence, where the provision creating the offence commences at or after the commencement of this section;
(ii) an ancillary offence, to the extent to which it relates to a primary offence covered by subparagraph (i);
(b) if a law of the Commonwealth provides that this section applies to a particular offence—this section applies to that offence.
Note: In the case of paragraph (b), the expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
(2) If this section applies to a particular offence, a person does not commit the offence unless:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(c) all of the following conditions are satisfied:
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Australia;
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Defence—primary offence
(3) If this section applies to a particular offence, a person is not guilty of the offence if:
(aa) the alleged offence is a primary offence; and
(a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(b) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first-mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3).
(4) For the purposes of the application of subsection 13.3(3) to an offence, subsection (3) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(5) If this section applies to a particular offence, a person is not guilty of the offence if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5). See subsection 13.3(3).
(6) For the purposes of the application of subsection 13.3(3) to an offence, subsection (5) of this section is taken to be an exception provided by the law creating the offence.
Division 15—Extended geographical jurisdiction
15.1 Extended geographical jurisdiction—category A
(1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(c) the conduct constituting the alleged offence occurs wholly outside Australia and:
(i) at the time of the alleged offence, the person is an Australian citizen; or
(ii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) all of the following conditions are satisfied:
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Australia;
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Defence—primary offence
(2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(aa) the alleged offence is a primary offence; and
(a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(b) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(c) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first-mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
15.2 Extended geographical jurisdiction—category B
(1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(c) the conduct constituting the alleged offence occurs wholly outside Australia and:
(i) at the time of the alleged offence, the person is an Australian citizen; or
(ii) at the time of the alleged offence, the person is a resident of Australia; or
(iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) all of the following conditions are satisfied:
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Australia;
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Defence—primary offence
(2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(aa) the alleged offence is a primary offence; and
(a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(b) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(c) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first-mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
15.3 Extended geographical jurisdiction—category C
(1) If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:
(a) whether or not the conduct constituting the alleged offence occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Defence—primary offence
(2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(aa) the alleged offence is a primary offence; and
(a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(b) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(c) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or that part of that foreign country, that creates an offence that corresponds to the first-mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
15.4 Extended geographical jurisdiction—category D
If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:
(a) whether or not the conduct constituting the alleged offence occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Division 16—Miscellaneous
16.1 Attorney-General’s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances
(1) Proceedings for an offence must not be commenced without the Attorney-General’s written consent if:
(a) section 14.1, 15.1, 15.2, 15.3 or 15.4 applies to the offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country; and
(c) at the time of the alleged offence, the person alleged to have committed the offence is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
(2) However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence before the necessary consent has been given.
16.2 When conduct taken to occur partly in Australia
Sending things
(1) For the purposes of this Part, if a person sends a thing, or causes a thing to be sent:
(a) from a point outside Australia to a point in Australia; or
(b) from a point in Australia to a point outside Australia;
that conduct is taken to have occurred partly in Australia.
Sending electronic communications
(2) For the purposes of this Part, if a person sends, or causes to be sent, an electronic communication:
(a) from a point outside Australia to a point in Australia; or
(b) from a point in Australia to a point outside Australia;
that conduct is taken to have occurred partly in Australia.
Point
(3) For the purposes of this section, point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else.
16.3 Meaning of Australia
(1) For the purposes of the application of this Part to a particular primary offence, Australia has the same meaning it would have if it were used in a geographical sense in the provision creating the primary offence.
(2) For the purposes of the application of this Part to a particular ancillary offence, Australia has the same meaning it would have if it were used in a geographical sense in the provision creating the primary offence to which the ancillary offence relates.
(3) For the purposes of this Part, if a provision creating an offence extends to an external Territory, it is to be assumed that if the expression Australia were used in a geographical sense in that provision, that expression would include that external Territory.
(4) This section does not affect the meaning of the expressions Australian aircraft, Australian citizen or Australian ship.
16.4 Result of conduct
A reference in this Part to a result of conduct constituting an offence is a reference to a result that is a physical element of the offence (within the meaning of subsection 4.1(1)).
13 The Schedule (section 70.1 of the Criminal Code, definition of foreign country)
Repeal the definition.
14 The Schedule (subsection 70.5(4) of the Criminal Code)
Repeal the subsection.
15 The Schedule (before Chapter 8 of the Criminal Code)
Insert:
Chapter 7—The proper administration of Government
Part 7.1—Preliminary
Division 130—Preliminary
130.1 Definitions
In this Chapter:
duty:
(a) in relation to a person who is a Commonwealth public official—means any authority, duty, function or power that:
(i) is conferred on the person as a Commonwealth public official; or
(ii) the person holds himself or herself out as having as a Commonwealth public official; and
(b) in relation to a person who is a public official—means any authority, duty, function or power that:
(i) is conferred on the person as a public official; or
(ii) the person holds himself or herself out as having as a public official.
gain means:
(a) a gain in property, whether temporary or permanent; or
(b) a gain by way of the supply of services;
and includes keeping what one has.
loss means a loss in property, whether temporary or permanent, and includes not getting what one might get.
obtaining includes:
(a) obtaining for another person; and
(b) inducing a third person to do something that results in another person obtaining.
property includes:
(a) real property; and
(b) personal property; and
(c) money; and
(d) a thing in action or other intangible property; and
(e) electricity; and
(f) a wild creature that is:
(i) tamed; or
(ii) ordinarily kept in captivity; or
(iii) reduced (or in the course of being reduced) into the possession of a person.
services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities, but does not include rights or benefits being the supply of goods.
supply includes:
(a) in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and
(b) in relation to services—provide, grant or confer.
Note: The expression person includes a Commonwealth entity. This is the combined effect of paragraph 22(1)(a) of the Acts Interpretation Act 1901 (which provides that person includes a body politic or corporate), and the definition of person in the Dictionary.
130.2 When property belongs to a person
(1) For the purposes of this Chapter, property belongs to a person if, and only if:
(a) the person has possession or control of the property; or
(b) the person has a proprietary right or interest in the property, other than an equitable interest arising only from:
(i) an agreement to transfer an interest; or
(ii) an agreement to grant an interest; or
(iii) a constructive trust.
(2) Subsection (1) has effect subject to subsections 134.1(9) and (10) (which deal with money transfers).
130.3 Dishonesty
For the purposes of this Chapter, dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of ordinary people.
Note: The following provisions affect the meaning of dishonesty:
(a) section 131.2 (theft);
(b) section 134.1 (obtaining property by deception).
130.4 Determination of dishonesty to be a matter for the trier of fact
In a prosecution for an offence against this Chapter, the determination of dishonesty is a matter for the trier of fact.
Part 7.2—Theft and other property offences
Division 131—Theft
131.1 Theft
(1) A person is guilty of an offence if:
(a) the person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of the property; and
(b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of theft.
(3) Absolute liability applies to the paragraph (1)(b) element of the offence of theft.
(4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).
Note: For alternative verdicts, see sections 132.1 and 134.1.
131.2 Special rules about the meaning of dishonesty
(1) For the purposes of this Division, a person’s appropriation of property belonging to another is taken not to be dishonest if the person appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
(2) However, the rule in subsection (1) does not apply if the person appropriating the property held it as trustee or personal representative.
(3) For the purposes of this Division, a person’s appropriation of property belonging to another may be dishonest even if the person or another person is willing to pay for the property.
131.3 Appropriation of property
(1) For the purposes of this Division, any assumption of the rights of an owner to ownership, possession or control of property, without the consent of the person to whom it belongs, amounts to an appropriation of the property. This includes, in a case where a person has come by property (innocently or not) without committing theft, any later such assumption of rights without consent by keeping or dealing with it as owner.
(2) For the purposes of this Division, if property, or a right or interest in property, is, or purports to be, transferred or given to a person acting in good faith, a later assumption by the person of rights which the person had believed himself or herself to be acquiring does not, because of any defect in the transferor’s title, amount to an appropriation of the property.
131.4 Theft of land or things forming part of land
(1) For the purposes of this Division, a person cannot commit theft of land, except in the following cases:
(a) the case where the person appropriates anything forming part of the land by severing it or causing it to be severed;
(b) the case where:
(i) the person is a trustee or personal representative, or is authorised (by power of attorney, as liquidator of a company or otherwise) to sell or dispose of land belonging to another; and
(ii) the person appropriates the land, or anything forming part of it, by dealing with it in breach of the confidence reposed in the person.
(2) For the purposes of this section, land does not include incorporeal hereditaments.
131.5 Trust property
(1) For the purposes of this Division, if property is subject to a trust, the persons to whom the property belongs include any person who has a right to enforce the trust.
(2) Accordingly, for the purposes of this Division, an intention to defeat the trust is an intention to deprive any such person of the property.
131.6 Obligation to deal with property in a particular way
For the purposes of this Division, if:
(a) a person receives property from or on account of another; and
(b) the person is under a legal obligation to the other to retain and deal with that property or its proceeds in a particular way;
the property or proceeds belong (as against the person) to the other.
131.7 Property obtained because of fundamental mistake
(1) For the purposes of this Division, if:
(a) a person gets property by another’s fundamental mistake; and
(b) the person is under a legal obligation to make restoration (in whole or in part) of the property or its proceeds;
then, to the extent of that obligation, the property or proceeds belongs (as against the person) to the person entitled to restoration.
(2) For the purposes of this Division, an intention not to make restoration is:
(a) an intention to permanently deprive the person so entitled of the property or proceeds; and
(b) an appropriation of the property or proceeds without the consent of the person entitled to restoration.
(3) For the purposes of this section, a fundamental mistake is:
(a) a mistake about the identity of the person getting the property; or
(b) a mistake as to the essential nature of the property; or
(c) a mistake about the amount of any money if the person getting the money is aware of the mistake at the time of getting the money.
(4) In this section:
money includes anything that is equivalent to money. For this purpose, cheques, negotiable instruments and electronic funds transfers are taken to be equivalent to money.
131.8 Property of a corporation sole
For the purposes of this Division, property of a corporation sole belongs to the corporation despite a vacancy in the corporation.
131.9 Property belonging to 2 or more persons
If property belongs to 2 or more persons, a reference in this Division (other than paragraph 131.1(1)(b)) to the person to whom the property belongs is a reference to all of those persons.
131.10 Intention of permanently depriving a person of property
(1) For the purposes of this Division, if:
(a) a person appropriates property belonging to another without meaning the other permanently to lose the thing itself; and
(b) the person’s intention is to treat the thing as the person’s own to dispose of regardless of the other’s rights;
the person has the intention of permanently depriving the other of it.
(2) For the purposes of this section, a borrowing or lending of a thing amounts to treating the thing as the borrower’s or lender’s own to dispose of regardless of another’s rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
(3) For the purposes of this section, if:
(a) a person has possession or control (lawfully or not) of property belonging to another; and
(b) the person parts with the property under a condition as to its return that the person may not be able to perform; and
(c) the parting is done for purposes of the person’s own and without the other’s authority;
the parting is taken to amount to treating the property as the person’s own to dispose of regardless of the other’s rights.
Note: See also paragraph 131.7(2)(a).
131.11 General deficiency
(1) For the purposes of this Division, a person may be convicted of theft of all or any part of a general deficiency in money even though the deficiency is made up of any number of particular sums of money that were appropriated over a period of time.
(2) For the purposes of this Division, a person may be convicted of theft of all or any part of a general deficiency in property other than money even though the deficiency is made up of any number of particular items of property that were appropriated over a period of time.
Division 132—Other property offences
132.1 Receiving
(1) A person is guilty of an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.
Penalty: Imprisonment for 10 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of receiving.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew or believed that the property belonged to a Commonwealth entity.
Stolen property
(3) For the purposes of this section, property is stolen property if, and only if:
(a) it is original stolen property (as defined by subsection (5)); or
(aa) it is previously received property (as defined by subsection (5A)); or
(b) it is tainted property (as defined by subsection (7)).
This subsection has effect subject to subsections (4) and (6).
(4) For the purposes of this section, stolen property does not include land obtained in the course of an offence against section 134.1.
Original stolen property
(5) For the purposes of this section, original stolen property is:
(a) property, or a part of property, that:
(i) was appropriated in the course of theft (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and
(ii) is in the possession or custody of the person who so appropriated the property; or
(b) property, or a part of property, that:
(i) was obtained in the course of an offence against section 134.1 (whether or not the property, or the part of the property, is in the state it was in when it was so obtained); and
(ii) is in the possession or custody of the person who so obtained the property or the person for whom the property was so obtained.
Previously received property
(5A) For the purposes of this section, previously received property is property that:
(a) was received in the course of an offence against subsection (1); and
(b) is in the possession or custody of the person who received the property in the course of that offence.
(6) For the purposes of this section, property ceases to be original stolen property or previously received property:
(a) after the property is restored:
(i) to the person from whom it was appropriated or obtained; or
(ii) to other lawful possession or custody; or
(b) after:
(i) the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property; or
(ii) a person claiming through the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property.
Tainted property
(7) For the purposes of this section, tainted property is property that:
(a) is (in whole or in part) the proceeds of sale of, or property exchanged for:
(i) original stolen property; or
(ii) previously received property; and
(b) if subparagraph (a)(i) applies—is in the possession or custody of:
(i) if the original stolen property was appropriated in the course of theft—the person who so appropriated the original stolen property; or
(ii) if the original stolen property was obtained in the course of an offence against section 134.1—the person who so obtained the property or the person for whom the property was so obtained; and
(c) if subparagraph (a)(ii) applies—is in the possession or custody of the person who received the previously received property in the course of an offence against subsection (1).
Money transfers
(8) For the purposes of this section, if, as a result of the application of subsection 134.1(9) or (10), an amount credited to an account held by a person is property obtained in the course of an offence against section 134.1:
(a) while the whole or any part of the amount remains credited to the account, the property is taken to be in the possession of the person; and
(b) if the person fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled—the person is taken to have received the property; and
(c) subsection (6) of this section does not apply to the property.
Note: Subsections 134.1(9) and (10) deal with money transfers.
Alternative verdicts
(9) If, in a prosecution for an offence of theft or an offence against section 134.1, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of receiving, the trier of fact may find the defendant not guilty of the offence of theft or the section 134.1 offence but guilty of the offence of receiving, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(10) If, in a prosecution for an offence of receiving, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of theft or an offence against section 134.1, the trier of fact may find the defendant not guilty of the offence of receiving but guilty of the offence of theft or the section 134.1 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Receiving property stolen before commencement
(11) For the purposes of this section:
(a) it is to be assumed that sections 131.1 and 134.1 had been in force at all times before the commencement of this section; and
(b) property that was appropriated or obtained at a time before the commencement of this section does not become original stolen property unless the property was appropriated or obtained in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth in force at that time.
Obtaining
(12) The definition of obtaining in section 130.1 does not apply to this section.
Note: See subsection 134.1(3).
Definition
(13) In this section:
account has the same meaning as in section 133.1.
132.2 Robbery
(1) A person is guilty of an offence if the person commits theft and:
(a) immediately before committing theft, the person:
(i) uses force on another person; or
(ii) threatens to use force then and there on another person;
with intent to commit theft or to escape from the scene; or
(b) at the time of committing theft, or immediately after committing theft, the person:
(i) uses force on another person; or
(ii) threatens to use force then and there on another person;
with intent to commit theft or to escape from the scene.
Penalty: Imprisonment for 15 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of robbery.
Note: Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.
(3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
132.3 Aggravated robbery
(1) A person is guilty of an offence if the person:
(a) commits a robbery in company with one or more other persons; or
(b) commits a robbery and, at the time of the robbery, has an offensive weapon with him or her.
Penalty: Imprisonment for 20 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated robbery.
Note: Robbery means an offence against section 132.2. Under section 132.2, an element of the offence of robbery is that the defendant commits theft. Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3) In this section:
offensive weapon includes:
(a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
(b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.
132.4 Burglary
(1) A person is guilty of an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit theft of a particular item of property in the building; and
(b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 13 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of burglary.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3) A person is guilty of an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more.
Penalty: Imprisonment for 13 years.
(3A) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is an offence against a law of the Commonwealth.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(5) For the purposes of this Code, an offence against subsection (3) is also to be known as the offence of burglary.
(6) A person is guilty of an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth, a State or a Territory; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more; and
(c) the building is owned or occupied by a Commonwealth entity.
Penalty: Imprisonment for 13 years.
(6A) In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is an offence against a law of the Commonwealth, a State or a Territory.
(7) In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(8) Absolute liability applies to the paragraph (6)(c) element of the offence.
(9) For the purposes of this Code, an offence against subsection (6) is also to be known as the offence of burglary.
(10) For the purposes of this section, a person is taken not to be a trespasser:
(a) merely because the person is permitted to enter, or remain in, a building for a purpose that is not the person’s intended purpose; or
(b) if the person is permitted to enter, or remain in, a building as a result of fraud, misrepresentation or another person’s mistake.
(12) In this section:
building includes:
(a) a part of a building; or
(b) a mobile home or a caravan; or
(c) a structure (whether or not movable), a vehicle, or a vessel, that is used, designed or adapted for residential purposes.
132.5 Aggravated burglary
(1) A person is guilty of an offence if the person:
(a) commits a burglary in company with one or more other persons; or
(b) commits a burglary, and at the time of the burglary, has an offensive weapon with him or her.
Penalty: Imprisonment for 17 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated burglary.
(3) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(1), it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.
(4) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(3), it is not necessary to prove that:
(a) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is an offence against a law of the Commonwealth; or
(b) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(5) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(6), it is not necessary to prove that:
(a) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or
(b) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is punishable by imprisonment for life or for a term of 5 years or more; or
(c) the defendant knew that the building was owned or occupied by a Commonwealth entity.
(6) In this section:
offensive weapon includes:
(a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
(b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.
132.6 Making off without payment
(1) A person is guilty of an offence if:
(a) the person, knowing that immediate payment for any goods or services supplied by another person is required or expected from him or her, dishonestly makes off:
(i) without having paid; and
(ii) with intent to avoid payment of the amount due; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 2 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
(3) For the purposes of this section, immediate payment includes payment at the time of collecting goods in respect of which a service has been provided.
132.7 Going equipped for theft or a property offence
(1) A person is guilty of an offence if the person, when not at home, has with him or her any article with intent to use it in the course of, or in connection with, theft or a property offence.
Penalty: Imprisonment for 3 years.
(2) In a prosecution for an offence against subsection (1) in relation to:
(a) theft; or
(b) robbery; or
(c) aggravated robbery; or
(d) the offence of burglary created by subsection 132.4(1); or
(e) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(1); or
(f) an offence against section 134.1;
it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.
(3) In a prosecution for an offence against subsection (1) in relation to:
(a) the offence of burglary created by subsection 132.4(3); or
(b) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(3);
it is not necessary to prove that:
(c) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is an offence against a law of the Commonwealth; or
(d) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(4) In a prosecution for an offence against subsection (1) in relation to:
(a) the offence of burglary created by subsection 132.4(6); or
(b) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(6);
it is not necessary to prove that:
(c) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or
(d) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is punishable by imprisonment for life or for a term of 5 years or more; or
(e) the defendant knew that the building was owned or occupied by a Commonwealth entity.
(5) In this section:
property offence means:
(a) robbery; or
(b) aggravated robbery; or
(c) burglary; or
(d) aggravated burglary; or
(e) an offence against subsection 132.8(1); or
(f) an offence against section 134.1.
Note: It is an element of the offence of theft, and of each property offence, that the property belongs to a Commonwealth entity.
132.8 Dishonest taking or retention of property
Taking
(1) A person is guilty of an offence if the person:
(a) on a particular occasion, dishonestly takes one or more items of property belonging to a Commonwealth entity, where:
(i) the value or total value of the property is $500 or more; or
(ii) the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control would be likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity; and
(b) does not have consent to do so from the person who has authority to give consent.
Penalty: Imprisonment for 2 years.
Retention
(2) A person is guilty of an offence if the person:
(a) on a particular occasion, takes one or more items of property belonging to a Commonwealth entity; and
(b) dishonestly retains any or all of those items; and
(c) does not have consent to the retention from the person who has authority to give consent; and
(d) either:
(i) at the time of the taking of the property, the value or total value of the property was $500 or more; or
(ii) the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control is likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity.
Penalty: Imprisonment for 2 years.
132.9 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Part 7.3—Fraudulent conduct
Division 133—Preliminary
133.1 Definitions
In this Part:
account means an account (including a loan account, a credit card account or a similar account) with a bank or other financial institution.
deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
(a) a deception as to the intentions of the person using the deception or any other person; and
(b) conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do.
Division 134—Obtaining property or a financial advantage by deception
134.1 Obtaining property by deception
(1) A person is guilty of an offence if:
(a) the person, by a deception, dishonestly obtains property belonging to another with the intention of permanently depriving the other of the property; and
(b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
Obtaining property
(3) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person (the first person) is taken to have obtained property if, and only if:
(a) the first person obtains ownership, possession or control of it for himself or herself or for another person; or
(b) the first person enables ownership, possession or control of it to be retained by himself or herself; or
(c) the first person induces a third person to pass ownership, possession or control of it to another person; or
(d) the first person induces a third person to enable another person to retain ownership, possession or control of it; or
(e) subsection (9) or (10) applies.
(4) The definition of obtaining in section 130.1 does not apply for the purposes of this section (or for the purposes of the application of section 132.1 to this section).
(5) For the purposes of this section, a person’s obtaining of property belonging to another may be dishonest even if the person or another person is willing to pay for the property.
Intention of permanently depriving a person of property
(6) For the purposes of this section, if:
(a) a person obtains property belonging to another without meaning the other permanently to lose the thing itself; and
(b) the person’s intention is to treat the thing as the person’s own to dispose of regardless of the other’s rights;
the person has the intention of permanently depriving the other of it.
(7) For the purposes of subsection (6), a borrowing or lending of a thing amounts to treating the thing as the borrower’s or lender’s own to dispose of regardless of another’s rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
(8) For the purposes of subsection (6), if:
(a) a person has possession or control (lawfully or not) of property belonging to another; and
(b) the person parts with the property under a condition as to its return that the person may not be able to perform; and
(c) the parting is done for purposes of the person’s own and without the other’s authority;
the parting is taken to amount to treating the property as the person’s own to dispose of regardless of the other’s rights.
Money transfers
(9) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person) causes an amount to be transferred from an account held by another person (the second person) to an account held by the first person:
(a) the amount is taken to have been property that belonged to the second person; and
(b) the first person is taken to have obtained the property for himself or herself with the intention of permanently depriving the second person of the property.
(10) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person) causes an amount to be transferred from an account held by another person (the second person) to an account held by a third person:
(a) the amount is taken to have been property that belonged to the second person; and
(b) the first person is taken to have obtained the property for the third person with the intention of permanently depriving the second person of the property.
(11) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if:
(a) a credit is made to an account (the credited account); and
(b) a debit is made to another account (the debited account); and
(c) either:
(i) the credit results from the debit; or
(ii) the debit results from the credit;
the amount of the credit is taken to be transferred from the debited account to the credited account.
(12) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person is taken to cause an amount to be transferred from an account if the person induces another person to transfer the amount from the account (whether or not the other person is the holder of the account).
General deficiency
(13) A person may be convicted of an offence against this section involving all or any part of a general deficiency in money even though the deficiency is made up of any number of particular sums of money that were obtained over a period of time.
(14) A person may be convicted of an offence against this section involving all or any part of a general deficiency in property other than money even though the deficiency is made up of any number of particular items of property that were obtained over a period of time.
Alternative verdicts
(15) If, in a prosecution for an offence of theft, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against this section, the trier of fact may find the defendant not guilty of the offence of theft but guilty of the offence against this section, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(16) If, in a prosecution for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of theft, the trier of fact may find the defendant not guilty of the offence against this section but guilty of the offence of theft, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
134.2 Obtaining a financial advantage by deception
(1) A person is guilty of an offence if:
(a) the person, by a deception, dishonestly obtains a financial advantage from another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
134.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Division 135—Other offences involving fraudulent conduct
135.1 General dishonesty
Obtaining a gain
(1) A person is guilty of an offence if:
(a) the person does anything with the intention of dishonestly obtaining a gain from another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
Causing a loss
(3) A person is guilty of an offence if:
(a) the person does anything with the intention of dishonestly causing a loss to another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
(5) A person is guilty of an offence if:
(a) the person dishonestly causes a loss, or dishonestly causes a risk of loss, to another person; and
(b) the first-mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and
(c) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.
(6) Absolute liability applies to the paragraph (5)(c) element of the offence.
Influencing a Commonwealth public official
(7) A person is guilty of an offence if:
(a) the person does anything with the intention of dishonestly influencing a public official in the exercise of the official’s duties as a public official; and
(b) the public official is a Commonwealth public official; and
(c) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.
135.2 Obtaining financial advantage
(1) A person is guilty of an offence if the person obtains a financial advantage for himself or herself from a Commonwealth entity knowing or believing that he or she is not eligible to receive that financial advantage.
Penalty: Imprisonment for 12 months.
(2) A person is guilty of an offence if the person obtains a financial advantage for another person from a Commonwealth entity knowing or believing that the other person is not eligible to receive that financial advantage.
Penalty: Imprisonment for 12 months.
(3) For the purposes of subsection (2), a person is taken to have obtained a financial advantage for another person from a Commonwealth entity if the first-mentioned person induces the Commonwealth entity to do something that results in the other person obtaining the financial advantage.
(4) The definition of obtaining in section 130.1 does not apply to this section.
135.4 Conspiracy to defraud
Obtaining a gain
(1) A person is guilty of an offence if:
(a) the person conspires with another person with the intention of dishonestly obtaining a gain from a third person; and
(b) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
Causing a loss
(3) A person is guilty of an offence if:
(a) the person conspires with another person with the intention of dishonestly causing a loss to a third person; and
(b) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
(5) A person is guilty of an offence if:
(a) the person conspires with another person to dishonestly cause a loss, or to dishonestly cause a risk of loss, to a third person; and
(b) the first-mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and
(c) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
Influencing a Commonwealth public official
(7) A person is guilty of an offence if:
(a) the person conspires with another person with the intention of dishonestly influencing a public official in the exercise of the official’s duties as a public official; and
(b) the public official is a Commonwealth public official; and
(c) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.
General provisions
(9) For a person to be guilty of an offence against this section:
(a) the person must have entered into an agreement with one or more other persons; and
(b) the person and at least one other party to the agreement must have intended to do the thing pursuant to the agreement; and
(c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.
(10) A person may be found guilty of an offence against this section even if:
(a) obtaining the gain, causing the loss, causing the risk of loss, or influencing the Commonwealth public official, as the case may be, is impossible; or
(b) the only other party to the agreement is a body corporate; or
(c) each other party to the agreement is a person who is not criminally responsible; or
(d) subject to subsection (11), all other parties to the agreement have been acquitted of the offence.
(11) A person cannot be found guilty of an offence against this section if:
(a) all other parties to the agreement have been acquitted of such an offence; and
(b) a finding of guilt would be inconsistent with their acquittal.
(12) A person cannot be found guilty of an offence against this section if, before the commission of an overt act pursuant to the agreement, the person:
(a) withdrew from the agreement; and
(b) took all reasonable steps to prevent the doing of the thing.
(13) A court may dismiss a charge of an offence against this section if the court thinks that the interests of justice require the court to do so.
(14) Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions. However, before the necessary consent has been given, a person may be:
(a) arrested for an offence against this section; or
(b) charged with an offence against this section; or
(c) remanded in custody or released on bail in connection with an offence against this section.
135.5 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Part 7.4—False or misleading statements
Division 136—False or misleading statements in applications
136.1 False or misleading statements in applications
Knowledge
(1) A person is guilty of an offence if:
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the person does so knowing that the statement:
(i) is false or misleading; or
(ii) omits any matter or thing without which the statement is misleading; and
(c) the statement is made in, or in connection with:
(i) an application for a licence, permit or authority; or
(ii) an application for registration; or
(iii) an application or claim for a benefit; and
(d) any of the following subparagraphs applies:
(i) the statement is made to a Commonwealth entity;
(ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
Recklessness
(4) A person is guilty of an offence if:
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the person does so reckless as to whether the statement:
(i) is false or misleading; or
(ii) omits any matter or thing without which the statement is misleading; and
(c) the statement is made in, or in connection with:
(i) an application for a licence, permit or authority; or
(ii) an application for registration; or
(iii) an application or claim for a benefit; and
(d) any of the following subparagraphs applies:
(i) the statement is made to a Commonwealth entity;
(ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 6 months.
(5) Subsection (4) does not apply as a result of subparagraph (4)(b)(i) if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
(6) Subsection (4) does not apply as a result of subparagraph (4)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).
Alternative verdicts
(7) If, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (4), the trier of fact may find the defendant not guilty of the offence against subsection (1) but guilty of the offence against subsection (4), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Geographical jurisdiction
(8) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (4).
Definition
(9) In this section:
benefit includes any advantage and is not limited to property.
Division 137—False or misleading information or documents
137.1 False or misleading information
(1) A person is guilty of an offence if:
(a) the person gives information to another person; and
(b) the person does so knowing that the information:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information is misleading; and
For the purposes of section 136.1 of the Criminal Code, an application made for the purposes of this Act is taken to be an application for a benefit.
Imported Food Control Act 1992
236 Subsection 3(1) (definition of forging)
Repeal the definition.
237 Subsection 3(1) (definition of uttering)
Repeal the definition.
238 Section 18 (note)
Repeal the note.
239 Section 19 (note)
Repeal the note.
240 At the end of Division 2 of Part 2
Add:
19A Forging and uttering
Forging
(1) For the purposes of this Division, a person is taken to have forged a document if the person:
(a) makes a document which is false, knowing it to be false; or
(b) without authority, alters a genuine document in a material particular;
with intent that:
(c) the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or
(d) another person may, in the belief that it is genuine, be induced to do or refrain from doing an act, whether in Australia or elsewhere.
(2) For the purposes of this Division, if a person:
(a) makes a document which is false, knowing it to be false; or
(b) without authority, alters a genuine document in a material particular;
with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:
(c) to the prejudice of another person; or
(d) with the result that another person would be induced to do or refrain from doing an act, whether in Australia or elsewhere;
the first-mentioned person is taken to have forged the document.
Uttering
(3) For the purposes of this Division, a person is taken to utter a forged document if the person:
(a) uses or deals with it; or
(b) attempts to use or deal with it; or
(c) attempts to induce another person to use, deal with, act upon, or accept it.
241 Subsection 30(6)
Repeal the subsection.
Income Tax Assessment Act 1936
242 Section 251A (paragraphs (a) and (b) of the definition of serious taxation offence)
Repeal the paragraphs, substitute:
(a) an offence against section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code, being an offence that relates to a tax liability within the meaning of the Taxation Administration Act 1953; or
Industrial Chemicals (Notification and Assessment) Act 1989
243 Section 81
Repeal the section.
Industrial Research and Development Incentives Act 1976
244 Section 37
Repeal the section.
Industry Research and Development Act 1986
245 Subsections 44(1), (2), (3), (4) and (5)
Repeal the subsections.
246 Subsection 44(6)
Omit “or arising out of subsection (1) and an offence against or arising out of subsection (2)”, substitute “section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code”.
247 Subsections 44(8), (9) and (10)
Repeal the subsections.
Inspector-General of Intelligence and Security Act 1986
248 After paragraph 18(6)(c)
Insert:
(ca) an offence against section 137.1 of the Criminal Code that relates to this section; or
249 Subsection 18(8)
Repeal the subsection.
Insurance Acquisitions and Takeovers Act 1991
250 Subsection 73(2)
Omit “subsections (5), (6), (7), (8) and (9)”, substitute “subsections (5) and (9) of this section and sections 137.1 and 137.2 of the Criminal Code”.
251 Subsections 73(6), (7) and (8)
Repeal the subsections.
252 Subsection 73(9)
Omit “proceedings under, or arising out of, this section”, substitute “a prosecution for an offence against this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section”.
253 Section 74
Repeal the section.
Insurance Act 1973
254 Subsection 22(5)
Repeal the subsection.
Note: The penalty at the end of section 22 does not form part of subsection 22(5).
255 Subsection 49C(3)
Repeal the subsection.
256 Subsection 56(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) a requirement of APRA or the inspector under section 55 is applicable to the person; and
(b) the person refuses or fails to comply with the requirement to the extent to which the person is able to comply with it.
Penalty: Imprisonment for 3 months.
257 Subsection 56(2)
Omit all the words after “other than”, substitute:
a prosecution for:
(a) an offence against subsection (1); or
(b) an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section.
258 Subsection 80(4)
Repeal the subsection.
259 Subsection 82(2)
Repeal the subsection.
260 Subsection 82(4)
Omit all the words after “other than”, substitute “a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to section 81”.
261 Section 128
Omit “80(4), 82(1), 82(2),” (wherever occurring), substitute “82(1),”.
Insurance (Agents and Brokers) Act 1984
262 Subsection 34A(9)
Repeal the subsection.
263 Subsection 34P(5)
Repeal the subsection.
Interstate Road Transport Act 1985
264 Paragraph 19(3)(a)
Omit “section 47”, substitute “section 137.1 of the Criminal Code”.
265 Paragraph 45(4)(a)
Omit “section 47”, substitute “section 137.1 of the Criminal Code”.
266 Section 47
Repeal the section.
267 Section 53
Omit “39 or against section 40, 41, 44, 45 or 47” (wherever occurring), substitute “39 of this Act or an offence against section 40, 41, 44 or 45 of this Act or an offence against section 137.1 of the Criminal Code that relates to this Act”.
Life Insurance Act 1995
268 Section 249
Repeal the section.
Marriage Act 1961
269 Section 96
Repeal the section.
270 Section 97
Repeal the section.
271 Subsections 98(1) and (1A)
Repeal the subsections.
Note: The heading to section 98 is replaced by the heading “Contravention of subsection 13(3)”.
272 Section 102
Repeal the section.
273 Subsection 108(1)
Omit “sections 96, 97 and 98”, substitute “section 98”.
Meat Export Charge Collection Act 1984
274 Subsection 12(8)
Repeal the subsection.
Meat Inspection Act 1983
275 Section 27
Repeal the section.
Migration Act 1958
276 Subsection 5(1) (at the end of the definition of offence against this Act)
Add:
; and (f) an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.
277 Subsection 18(2)
Omit “sections 21, 22 and 23”, substitute “section 21 of this Act and sections 137.1 and 137.2 of the Criminal Code”.
278 Section 22
Repeal the section.
279 Section 23
Repeal the section.
280 Section 24
Omit all the words after “other than”, substitute:
a prosecution for:
(c) an offence against, or arising out of, this Division; or
(d) an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division.
281 Subsection 137(9)
Repeal the subsection.
282 Subsection 308(4)
Omit “section 487”, substitute “section 137.1 or 137.2 of the Criminal Code that relates to this Act or the regulations”.
283 Section 487
Repeal the section.
284 At the end of section 493
Add:
(9) Part 2.5 of the Criminal Code does not apply to an offence against this Act or the regulations.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
Motor Vehicle Standards Act 1989
285 Section 31
Repeal the section.
National Health Act 1953
286 Paragraph 103(5)(c)
Repeal the paragraph.
National Occupational Health and Safety Commission Act 1985
287 Subsections 62(3) and (4)
Repeal the subsections.
288 Subsection 62(6)
Omit all the words after “except in”, substitute “a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section”.
Native Title Act 1993
289 Subsection 203DF(8)
Omit “sections 70, 72, 73, 74 and 75”, substitute “section 70”.
290 At the end of section 203DF
Add:
Auditor or investigator taken to be a Commonwealth public official
(9) To avoid doubt, a person appointed under subsection (1) of this section is taken, for the purposes of the Criminal Code, to be a Commonwealth public official.
Navigation Act 1912
291 Section 160
Repeal the section, substitute:
160 Giving false evidence in connection with deceased seamen’s property
A person is guilty of an offence if:
(a) the person gives false evidence; and
(b) the person knows that the evidence is false; and
(c) the person does so for the purpose of obtaining, either for himself, herself or for another person, any property of a deceased seaman.
Penalty: 20 penalty units or imprisonment for 12 months, or both.
292 Paragraphs 386(a) and (b)
Repeal the paragraphs.
293 Paragraph 386(e)
Repeal the paragraph.
294 Section 387
Repeal the section, substitute:
387 Hindering or interfering with masters or officers
A person is guilty of an offence if the person, by violence, threat or intimidation, hinders or interferes with:
(a) the master of a ship; or
(b) an officer of a ship;
in the performance of the master’s or officer’s duty in relation to the maintenance of the discipline on board the ship.
Penalty: 50 penalty units or imprisonment for 2 years, or both.
295 Subsections 389A(1) and (2)
Repeal the subsections.
296 Subsection 389A(3)
Omit “subsection (1)”, substitute “section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code”.
297 Paragraph 389A(5)(b)
Omit “subsection (1)”, substitute “section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code”.
Northern Territory (Self-Government) Act 1978
298 Section 52
Repeal the section.
Nuclear Non-Proliferation (Safeguards) Act 1987
299 Subsection 31(2)
Omit “section 76 of the Crimes Act 1914”, substitute “section 147.1 or 149.1 of the Criminal Code”.
Occupational Health and Safety (Commonwealth Employment) Act 1991
300 Subsection 43(3)
Repeal the subsection.
Occupational Health and Safety (Maritime Industry) Act 1993
301 Subsection 90(3)
Repeal the subsection.
Offshore Minerals Act 1994
302 Subsection 328(1) (note 2)
Repeal the note, substitute:
Note 2: Section 145.4 of the Criminal Code deals with offences in relation to the proper keeping of the register (for example, falsification of documents).
303 Subsection 405(2)
Omit “contains”, substitute “and the Criminal Code contain”.
304 Subsection 405(2) (note 2)
Repeal the note, substitute:
Note 2: See Parts 7.3 and 7.4 of the Criminal Code (which deal with fraudulent conduct and false or misleading statements). Those Parts are relevant to statements made in applications under this Act and statements made in documents that are relevant to the calculation of fees (for example, fees payable under the Registration Fees Act for transfers and other dealings).
305 Subsection 405(2) (note 4)
Repeal the note, substitute:
Note 4: See section 145.4 of the Criminal Code for a general offence relating to the falsification of documents kept for the purposes of a law of the Commonwealth. This offence is relevant to offshore mining registers.
306 Subsection 405(2) (note 5)
Omit all the words after “(giving false testimony)”.
307 At the end of section 405
Add:
Note 7: See also section 149.1 of the Criminal Code, which deals with obstruction of Commonwealth public officials.
Ombudsman Act 1976
308 Paragraph 9(4)(d)
Omit “section 36”, substitute “section 36 of this Act or an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act”.
309 Subsection 36(2)
Repeal the subsection.
Passenger Movement Charge Collection Act 1978
310 Subsection 8(2)
Repeal the subsection.
Passports Act 1938
311 Subsection 5(3)
Omit “9B (other than paragraph (f)),”, substitute “9B (other than paragraph (b)),”.
312 Subsection 5(4)
Omit “or 9B(f)”, substitute “or 9B(b)”.
313 Section 9B
Repeal the section, substitute:
9B Falsifying foreign passports etc.
A person is guilty of an offence if the person:
(a) within Australia, falsifies a passport issued by or on behalf of the government of a foreign country; or
(b) within Australia, makes a document that is false within intent that the false document may be used, acted on or accepted as if it were a passport issued by or on behalf of the government of a foreign country.
Penalty: Imprisonment for 7 years.
Petroleum Excise (Prices) Act 1987
314 Subsection 6(3)
Repeal the subsection.
Note: The penalty at the end of section 6 does not form part of subsection 6(3).
315 Subsection 10(6)
Omit “subsection (8)”, substitute “section 137.1 of the Criminal Code that relates to this section”.
316 Subsection 10(8)
Repeal the subsection.
Pooled Development Funds Act 1992
317 At the end of section 47
Add:
(4) The reference in subsection (1) to a provision of this Act includes a reference to section 136.1, 137.1 or 137.2 of the Criminal Code, in so far as that section relates to this Act.
318 Section 52
Repeal the section.
Prawn Export Promotion Act 1995
319 Paragraph 22(2)(a)
Omit “or (3)”, substitute “of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act”.
320 Subsection 22(3)
Repeal the subsection.
Prices Surveillance Act 1983
321 Subsection 32(2)
Repeal the subsection, substitute:
(2) A person is guilty of an offence if:
(a) the person is subject to a notice under subsection (1); and
(b) the person, without reasonable excuse, refuses or fails to comply with the notice.
Penalty: 20 penalty units.
322 At the end of section 32
Add:
Note: Sections 137.1 and 137.2 of the Criminal Code deal with false or misleading information and documents.
Primary Industries Levies and Charges Collection Act 1991
323 Paragraph 24(2)(a)
Omit “or (3)”, substitute “of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act”.
324 Subsection 24(3)
Repeal the subsection.
Proceeds of Crime Act 1987
324A After subsection 4(3)
Insert:
(3A) For the purposes of this Act, in determining whether a person has derived substantial benefit from the commission of 2 or more public fraud offences, have regard to the aggregate of the benefits derived by the person from the commission of those offences.
324B Subsection 7(1)
Insert:
public fraud offence means any of the following:
(a) an offence against section 134.1, 134.2, 135.1 or 135.4 of the Criminal Code;
(b) an offence against repealed section 29D or 86A of the Crimes Act committed after the commencement of this Act;
(c) an offence against section 5, 6, 7 or 8 of the Crimes (Taxation Offences) Act 1980 committed after the commencement of this Act;
(d) an ancillary offence in relation to an offence covered by paragraph (b) or (c).
Note: The heading to section 7 of the Proceeds of Crime Act 1987 is altered by inserting “public fraud offence and” after “Meaning of”.
324C Subsection 7(1) (definition of serious offence)
Repeal the definition, substitute:
serious offence means:
(a) a serious narcotics offence; or
(b) a money laundering offence in relation to the proceeds of a serious narcotics offence; or
(c) an ancillary offence in relation to an offence covered by paragraph (a) or (b); or
(d) an offence that is the subject of a declaration under section 96A.
324D After subsection 7(1)
Insert:
(1A) Paragraph (d) of the definition of serious offence in subsection (1) has effect subject to subsections 96A(2), (4) and (6).
325 Subsection 7(2) (definition of organised fraud offence)
Repeal the definition.
325A At the end of section 7
Add:
(3) To avoid doubt, express references in this section to ancillary offences do not imply that section 11.6 of the Criminal Code has no application to a particular provision of this Act.
326 Subsection 34C(2) (definition of relevant offence)
Omit “under section 29A, 29B, 29C, 29D, 71, 86 or 86A of the Crimes Act 1914”, substitute “against section 131.1, 132.1, 132.6, 132.8, 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code”.
326A At the end of subsection 73(4)
Add:
; or (d) both:
(i) has committed, or is about to commit, 3 or more public fraud offences; and
(ii) has derived, or is about to derive, substantial benefit from the commission of any or all of those offences.
327 Division 2 of Part V
Repeal the Division.
328 Subsection 84(1)
Omit “, 83”.
328A Before section 97
Insert:
96A Organised fraud orders
Convictions of public fraud offences
(1) If:
(a) a person has, at the same sitting, been convicted by a court of 3 or more public fraud offences; and
(b) the DPP applies to the court for an order under this subsection in relation to each of those offences; and
(c) the court is satisfied that the person has derived substantial benefit from the commission of any or all of those offences;
the court must, by order, declare each of those offences to be a serious offence.
(2) A declaration under subsection (1) only has effect in relation to the convictions concerned.
Charges and proposed charges of public fraud offences
(3) If:
(a) a person has been charged with 3 or more public fraud offences; and
(b) the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and
(c) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and
(d) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief;
the court must, by order, declare each of those offences to be a serious offence.
(4) A declaration under subsection (3) only has effect in relation to the charges concerned.
(5) If:
(a) a person is about to be charged with 3 or more public fraud offences; and
(b) the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and
(c) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and
(d) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief;
the court must, by order, declare each of those offences to be a serious offence.
(6) A declaration under subsection (5) only has effect in relation to the proposed charges concerned.
(7) If:
(a) a restraining order is granted in reliance on the charging, or proposed charging, of a person with an ordinary indictable offence; and
(b) the person is subsequently convicted of the offence; and
(c) a court makes an order under subsection (1) in relation to the offence;
this Act has effect as if the restraining order had been granted in reliance on the charging, or proposed charging, of the person with a serious offence.
Protection of Movable Cultural Heritage Act 1986
329 After subsection 3(3)
Insert:
(3A) A reference in this Act to an offence against this Act includes a reference to an offence against section 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.
330 Section 44
Repeal the section.
331 Section 45
Repeal the section.
332 Subsection 46(1)
Omit “or section 45”.
333 Subsection 46(2)
Omit “or 44”.
334 Paragraph 46(4)(b)
Omit “or section 45”.
Public Lending Right Act 1985
335 Subsection 22(1)
Repeal the subsection.
336 Subsection 22(2)
Omit “subsection (1)”, substitute “section 137.1 or 137.2 of the Criminal Code that relates to this Act”.
337 Subsection 22(2)
Omit “under that subsection”.
338 Subsection 22(4)
Repeal the subsection.
Public Service Act 1999
339 Subsection 43(2)
Omit “, 34” (wherever occurring).
340 Subsection 50(2)
Omit “, 34” (wherever occurring).
Quarantine Act 1908
341 Subsection 70B(2) (note)
Repeal the note, substitute:
Note 1: It is an offence to fail to answer a question asked under this subsection (see section 74C).
Note 2: It is an offence to give false or misleading information in answer to a question asked under this subsection (see section 137.1 of the Criminal Code).
342 Subsection 70B(3) (note)
Repeal the note, substitute:
Note 1: It is an offence to fail to produce a document (see section 74C).
Note 2: It is an offence to produce a document knowing that the document is false or misleading unless the document is accompanied by a written statement acknowledging that the document is false or misleading (see section 137.2 of the Criminal Code).
343 Subsections 74C(3) and (4)
Repeal the subsections.
Note: The note at the end of section 74C does not form part of subsection (4).
344 Section 79
Repeal the section.
345 Paragraph 79A(2)(a)
Repeal the paragraph, substitute:
(a) any criminal proceedings other than a proceeding for:
(i) an offence against subsection 27A(6) or (7), 27B(5) or (6), 28(8) or (9); or
(ii) an offence against section 137.2 of the Criminal Code that relates to this Act; or
346 Section 81
Repeal the section.
Racial Discrimination Act 1975
347 Subsection 27D(1)
Omit all the words after “other than”, substitute “a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act”.
348 Section 27E
Repeal the section.
Radiocommunications Act 1992
349 After subsection 11(1)
Insert:
(1A) A reference in this Act to an offence against this Act includes a reference to an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.
350 Subparagraph 124(3)(b)(iv)
Omit “section 302 or”.
351 After subparagraph 124(3)(b)(iv)
Insert:
(iva) whether the operator has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act;
352 Subparagraph 171(3)(b)(ii)
Omit “or 302”.
353 At the end of paragraph 171(3)(b)
Add:
; and (iii) whether or not the holder of the permit or an agent of the holder has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.
354 Subsection 210(6)
Omit “section 302”, substitute “section 136.1 or 137.1 of the Criminal Code that relates to this Act”.
355 Section 302
Repeal the section.
356 At the end of section 306
Add:
(9) Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
Resource Assessment Commission Act 1989
357 Subsection 54(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) at a hearing, the person gives evidence or produces a document; and
(b) the person knows that the evidence or document is false or misleading in a material particular.
Penalty: Imprisonment for 6 months.
358 Subsection 54(2)
Omit “gives it to the Commission,” (first occurring).
Note: The heading to section 54 is altered by omitting “or information” and substituting “or documents”.
Retirement Savings Accounts Act 1997
359 Section 145
Omit “paragraph 150(1)(b)”, substitute “section 137.1 of the Criminal Code”.
360 Part 12 (heading)
Repeal the heading, substitute:
Part 12—Offences relating to records etc.
361 Section 148
Omit “the making of false or misleading statements,”.
362 Section 150
Repeal the section.
363 Sections 152 and 153
Repeal the sections.
Seat of Government (Administration) Act 1910
364 Section 7
Repeal the section.
Secret Commissions Act 1905
365 The whole of the Act
Repeal the Act.
Sex Discrimination Act 1984
366 Subsection 91(1)
Omit all the words after “other than”, substitute “a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act”.
367 Section 93
Repeal the section.
Ships (Capital Grants) Act 1987
368 Subsection 29(2)
Omit “subsection (3)”, substitute “section 137.2 of the Criminal Code”.
369 Subsection 29(3)
Repeal the subsection.
370 Subsections 30(1) and (2)
Repeal the subsections.
371 Subsections 30(4), (5) and (6)
Repeal the subsections.
372 Subsection 30(7)
Repeal the subsection, substitute:
(7) A person must not be convicted of:
(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 17(1) of this Act; or
(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;
in respect of the same claim for a grant.
373 Subsections 30(9), (10) and (11)
Repeal the subsections.
374 Subsection 32(1)
Omit “or 30(1) or (2)”, substitute “of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act”.
375 Subsection 32(1)
Omit “under that subsection”.
Spirits Act 1906
376 Section 8
Repeal the section.
Stevedoring Industry Levy Collection Act 1977
377 Section 8B
Repeal the section, substitute:
8B Compliance with section 8A requirements
A person must not intentionally or recklessly fail to comply with the requirements of section 8A.
Penalty: 20 penalty units.
378 Subsection 9(1)
Repeal the subsection, substitute:
(1) A person must not refuse or fail to furnish a return or information that the person is required under section 6 to furnish.
Penalty: 30 penalty units.
379 Subsection 10(5)
Repeal the subsection.
Student Assistance Act 1973
380 Subsection 49(1)
Repeal the subsection, substitute:
(1) A person must not, without reasonable excuse, contravene section 48.
Penalty: Imprisonment for 12 months.
381 Subsection 49(2)
After “subsection (1)”, insert “of this section or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act”.
Superannuation Act 1976
382 Subsection 163A(2)
Omit “subsections (3), (4) and (5)”, substitute “subsections (3) and (5) of this section and section 137.2 of the Criminal Code”.
383 Subsection 163A(4)
Repeal the subsection.
384 Paragraphs 163A(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) in the case of an individual—in any criminal proceedings other than:
(i) proceedings under, or arising out of, this section; or
(ii) a prosecution for an offence against section 137.1 of the Criminal Code that relates to this section; or
(b) in the case of a body corporate—in any criminal proceedings other than:
(i) proceedings under, or arising out of, this Act, the superseded Act or regulations under either Act; or
(ii) a prosecution for an offence against the Criminal Code that relates to this Act.
385 Subsections 167(1), (1A) and (2)
Repeal the subsections.
386 Subsection 167(3)
Omit “subsection (1)”, substitute “section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act”.
Superannuation Industry (Supervision) Act 1993
387 Section 299V
Omit “paragraph 302(1)(b)”, substitute “section 137.1 of the Criminal Code”.
388 Section 302
Repeal the section.
389 Section 304
Repeal the section.
390 Section 305
Repeal the section.
Sydney Airport Demand Management Act 1997
391 Subsection 62(4)
Omit “sections 29A and 29B of the Crimes Act 1914”, substitute “sections 134.1, 134.2, 135.1 and 135.2 of the Criminal Code”.
392 Subsection 62(4)
Omit “public authority under the Commonwealth”, substitute “Commonwealth entity”.
393 Subsection 62(5)
Omit “sections 73 and 75 of the Crimes Act 1914”, substitute “sections 141.1, 142.1, 142.2, 148.1 and 148.2 of the Criminal Code”.
394 Subsection 62(5)
Omit “Commonwealth officers”, substitute “Commonwealth public officials”.
Taxation Administration Act 1953
395 Subsection 3E(11) (paragraph (c) of the definition of tax-related offence)
Omit “section 29D or 86A of the Crimes Act 1914”, substitute “section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code”.
396 Paragraph 8J(3)(c)
Omit “section 29D or 86A of the Crimes Act 1914”, substitute “section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code”.
397 Section 8X
Repeal the section.
398 Paragraph 8Z(1)(d)
Omit “section 29D or 86A of the Crimes Act 1914”, substitute “section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code”.
Telecommunications (Interception) Act 1979
399 Paragraph 5D(4)(a)
Omit “or 83”.
400 After paragraph 5D(4)(a)
Insert:
(aa) section 135.3 of the Criminal Code;
Torres Strait Fisheries Act 1984
401 Subsection 3(1)
Insert:
offence against this Act includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.
402 At the end of paragraphs 43(1)(a), (b), (c) and (ca)
Add “and”.
403 Paragraph 43(1)(d)
Repeal the paragraph.
404 Paragraphs 43(1)(f) and (g)
Repeal the paragraphs.
405 Subsection 43(2)
Repeal the subsection.
406 At the end of section 53A
Add:
(4) Part 2.5 of the Criminal Code does not apply to an offence against this Act or the regulations.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
407 Subsection 55(1)
Omit “subsection 43(2) or”.
Veterans’ Entitlements Act 1986
408 Subsection 54(7)
Repeal the subsection.
409 Subsection 54A(7)
Repeal the subsection.
410 Subsection 54AA(8)
Repeal the subsection.
411 Subsection 127(5)
Repeal the subsection.
Wool Tax (Administration) Act 1964
412 Section 27A
Repeal the section.
Workplace Relations Act 1996
413 Section 304
Repeal the section.
414 Section 304A
Repeal the section.
415 Section 305
Repeal the section, substitute:
305 Non-compliance with requirement made by an inspector
A person is guilty of an offence if the person, without reasonable excuse, contravenes a requirement made by an inspector under subparagraph 86(1)(b)(iv) or subsection 86(2).
Penalty: Imprisonment for 6 months.
416 Section 305A
Repeal the section, substitute:
305A Non-compliance with requirement made by an authorised officer
A person is guilty of an offence if the person, without reasonable excuse, contravenes a requirement made by an authorised officer under paragraph 83BH(4)(d) or subsection 83BH(5).
Penalty: Imprisonment for 6 months.
417 Section 306
Repeal the section.
Part 2—Transitional provisions
418 Transitional—pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional—pre-commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
0
0
0