Criminal Code Harmonisation Act 2005 (ACT)

Criminal Code Harmonisation Act 2005

A2005-54

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended—sch 1  2

Schedule 1Legislation amended  3

Part 1.1ACTEW/AGL Partnership Facilitation Act 2000                  3

Part 1.2Adoption Regulation 1993  4

Part 1.3Animal Welfare Act 1992  7

Part 1.4Animal Welfare (Amendment) Act 1997  29

Part 1.5Animal Welfare Regulation 2001  30

Part 1.6Annual Leave Act 1973  31

Part 1.7Bail Act 1992  36

Part 1.8Births, Deaths and Marriages Registration Act 1997          38

Part 1.9Boxing Control Act 1993  45

Part 1.10Building and Construction Industry Training Levy Act 1999 49

Part 1.11Business Names Act 1963  52

Part 1.12City of Canberra Arms Act 1932  57

Part 1.13Clinical Waste Act 1990  58

Part 1.14Community Title Act 2001  62

Part 1.15Consumer and Trader Tribunal Act 2003  64

Part 1.16Contractors Debts Act 1897  66

Part 1.17Coroners Act 1997  67

Part 1.18Duties Act 1999  72

Part 1.19Electricity Safety Act 1971  79

Part 1.20First Home Owner Grant Act 2000  94

Part 1.21Fisheries Act 2000  99

Part 1.22Fisheries Regulation 2001  113

Part 1.23Fuels Control Act 1979  114

Part 1.24Health Act 1993  120

Part 1.25Instruments Act 1933  122

Part 1.26Intoxicated People (Care and Protection) Act 1994           125

Part 1.27Lakes Act 1976  130

Part 1.28Legislative Assembly Precincts Act 2001  141

Part 1.29Listening Devices Act 1992  142

Part 1.30Major Events Security Act 2000  146

Part 1.31Mercantile Law Act 1962  151

Part 1.32Notaries Public Act 1984  152

Part 1.33Residential Tenancies Act 1997  154

Part 1.34Road Transport (General) Regulation 2000  158

Part 1.35Road Transport (Third-Party Insurance) Regulation 2000    159

Part 1.36Uncollected Goods Act 1996  160

Part 1.37Waste Minimisation Act 2001  162

Part 1.38Waste Minimisation Regulation 2001  166

Criminal Code Harmonisation Act 2005

A2005-54

An Act to amend certain offences for the application of the Criminal Code, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Criminal Code Harmonisation Act 2005.

2. Commencement

   This Act commences on the 28th day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended—sch 1

   This Act amends the legislation mentioned in schedule 1.

Schedule 1Legislation amended

(see s 3)

Part 1.1ACTEW/AGL Partnership Facilitation Act 2000

[1.1]New section 4A

insert

4AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.2]Section 32 (2)

substitute

(2)If the members of a partnership contravene subsection (1), each member of the partnership commits an offence.

Maximum penalty:  500 penalty units.

Part 1.2Adoption Regulation 1993

[1.3]New sections 2A and 2B

insert

2ANotes

A note included in this regulation is explanatory and is not part of this regulation.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2BOffences against regulation—application of Criminal Code etc

Other legislation applies in relation to offences against this regulation.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.4]Section 12

substitute

1. Transfer of private agency records to chief executive

   (1)This section applies if a private adoption agency—

   (a)ceases to exist; or

   (b)has its approval revoked under the Act, section 85 (Revocation or suspension of approval).

   NoteThe chief executive may revoke an agency’s approval if—

   ·the agency asks; or

   ·the agency is no longer suitable to conduct negotiations and make arrangements about the adoption of children; or

   ·the agency has contravened a provision of the Act, pt 6 or a regulation.

   (2)The person who was the last principal officer of the agency commits an offence if the person does not give the chief executive all adoption records kept by the agency.

   Maximum penalty: 5 penalty units.

   (3)An offence against this section is a strict liability offence.

[1.5]Section 21

substitute

1. Private adoption agencies not to breach Cwlth information privacy principles

   (1)A private adoption agency commits an offence if it does something that would, if it were an agency for the Privacy Act 1988 (Cwlth), breach an information privacy principle within the meaning of that Act.

   Maximum penalty: 5 penalty units.

   NoteThe information privacy principles are contained in the Privacy Act 1988 (Cwlth), s 14.  They deal with the following issues:

   ·     how and why personal information may be collected

   ·     solicitation of personal information from individual concerned

   ·     solicitation of personal information generally

   ·     storage and security of personal information

   ·     information relating to records kept by record-keeper

   ·     access to records containing personal information

   ·     alteration of records containing personal information

   ·     record-keeper to check accuracy etc of personal information before use

   ·     personal information to be used only for relevant purposes

   ·     limits on use of personal information

   ·     limits on disclosure of personal information.

   (2)An offence against this section is a strict liability offence.

[1.6]New sections 27A and 27B

insert

27AOffence to destroy etc register

(1)A person commits an offence if the person destroys, defaces or damages the register of adoptions.

Maximum penalty: 5 penalty units.

(2)An offence against this section is a strict liability offence.

27BOffence to re-register birth

(1)A person commits an offence if the person—

(a)obtains the re-registration of the birth of an adopted child; and

(b)the re-registration is obtained otherwise than in accordance with this regulation.

Maximum penalty: 5 penalty units.

(2)An offence against this section is a strict liability offence.

[1.7]Section 28 heading

substitute

1. Obligations of registrar-general

[1.8]Section 28 (1)

omit

Part 1.3Animal Welfare Act 1992

[1.9]New section 3A

insert

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.10]Section 6A

substitute

6AIdentity cards

(1)The chief executive must give an authorised person an identity card stating the person’s name and position.

(2)The identity card must show—

(a)a recent photograph of the person; and

(b)the card’s date of issue and expiry; and

(c)anything else prescribed by regulation.

(3)A person commits an offence if—

(a)the person stops being an authorised person; and

(b)the person does not return the person’s identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an authorised person.

Maximum penalty:  1 penalty unit.

(4)An offence against this section is a strict liability offence.

(5)In this section:

authorised person means a person holding any of the following positions:

(a)the authority;

(b)a delegate of the authority with any delegated powers of an inspector.

(6)Subsection (2) applies only in relation to a card given by the chief executive after the commencement of this section.

(7)Subsection (6) is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(8)Subsections (6) and (7) and this subsection expire on the day they commence.

[1.11]Part 2

substitute

Part 2Animal welfare offences

1. Cruelty

   A person commits an offence if the person commits an act of cruelty on an animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

2. Pain

   (1)A person commits an offence if the person causes an animal unnecessary pain.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person in charge of an animal commits an offence if the person—

   (a)fails to provide it with appropriate, and adequate, food, water, shelter or exercise; or

   (b)fails to take reasonable steps (including, if appropriate, seeking veterinary treatment) to alleviate any pain suffered by the animal; or

   (c)abandons the animal; or

   (d)neglects the animal in a way that causes it pain; or

   (e)kills the animal in a way that causes it unnecessary pain.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

3. Confined animals

   (1)A person in charge of a confined animal commits an offence if the person does not provide the animal with adequate exercise.

   Maximum penalty:  10 penalty units.

   (2)An offence against subsection (1) is a strict liability offence.

   (3)A person commits an offence if the person confines an animal in a way that causes injury, pain, or excessive distress to the animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

4. Alleviation of pain

   (1)A person (other than a person in charge of an animal) commits an offence if—

   (a)the person injures an animal; and

   (b)the person does not take reasonable steps (including, if appropriate, seeking veterinary treatment) to alleviate any pain suffered by the animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person (other than a person in charge of an animal) commits an offence if—

   (a)the person injures the animal; and

   (b)the person does not take reasonable steps to tell the person in charge of the animal within 24 hours after the injury; and

   (c)if there is no person in charge of the animal or if, after taking the reasonable steps, the person cannot tell the person in charge of the animal—tell the authority, or an inspector, within 72 hours after the injury.

   Maximum penalty:  10 penalty units.

   Examples of animals that may have no person in charge

   kangaroos, foxes, galahs

   Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (3)An offence against subsection (2) is a strict liability offence.

5. Release

   (1)A person commits an offence if the person releases an animal from custody or control.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person in charge of an animal commits an offence if the person does not take adequate precautions to prevent the release of the animal from custody or control.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (3)This section does not apply—

   (a)if the person has a reasonable excuse; or

   (b)to the release of domestic cats in the course of their reasonable management and control.

6. Administering poison

   (1)A person commits an offence if the person administers poison to a domestic or native animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)This section does not apply if—

   (a)the person has a reasonable excuse; or

   (b)the administration of the poison to the animal is permitted under a territory law.

12ALaying poison

(1)A person commits an offence if the person lays a poison with the intention of killing or injuring a domestic or native animal.

Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

(2)A person commits an offence if—

(a)the person lays a poison; and

(b)the person is reckless about causing the death of, or injury to, a domestic or native animal; and

(c)the poison causes the death of, or injury to, a domestic or native animal.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

(3)A person commits an offence if—

(a)the person lays a poison; and

(b)there is a reasonable likelihood that the poison will kill or injure a domestic or native animal.

Maximum penalty:  10 penalty units.

(4)An offence against subsection (3) is a strict liability offence.

(5)It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid death or injury to domestic and native animals.

1. Electrical devices

   A person commits an offence if—

   (a)the person administers an electric shock to an animal; and

   (b)the person administers the shock using an electrical device that is not prescribed by regulation for use on that kind of animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

2. Spurs

   (1)A person must not use spurs with sharpened or fixed rowels on an animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person must not possess—

   (a)a spur or similar device with sharpened or fixed rowels; or

   (b)a cockfighting spur cap.

   Maximum penalty:  5 penalty units.

   (3)An offence against subsection (2) is a strict liability offence.

   (4)Subsection (2) does not apply to the possession of a spur, device or cockfighting spur cap kept only—

   (a)for the purpose of display; or

   (b)as a curio or part of a collection.

3. Transport and containment

   A person must not transport or contain an animal in circumstances under which the animal is subjected to unnecessary injury, pain or suffering.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

15ATransport of dogs

(1)A person commits an offence if—

(a)the person carries a dog in or on a moving vehicle on a road or road related area; and

(b)the dog is not being used to work livestock; and

(c)the dog is not restrained or enclosed in a way that would prevent the dog from falling or jumping from the vehicle.

Maximum penalty:  20 penalty units.

(2)An offence against this section is a strict liability offence.

(3)In this section:

road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.

road-related area—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.

1. Working etc unfit animals

   (1)A person commits an offence if—

   (a)the person works, rides, drives or otherwise uses an animal; and

   (b)the person does so—

   (i)knowing that the animal is unfit for the use; or

   (ii)negligent about whether the animal is fit for the use.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person in charge of an animal commits an offence if—

   (a)the person authorises the working, riding, driving or other use of the animal; and

   (b)the person does so—

   (i)knowing that the animal is unfit for the use; or

   (ii)negligent about whether the animal is fit for the use.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

2. Matches, competitions and baiting

   (1)A person commits an offence if the person promotes, takes part in or attends as a spectator at a match, competition or any other activity in which an animal is released from captivity for the purpose of being—

   (a)killed by the use of a firearm or other weapon; or

   (b)hunted, caught, confined, injured or killed by another animal; or

   (c)used to train or exercise another animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person commits an offence if the person—

   (a)keeps, uses or assists in the management of premises used for—

   (i)fights between animals; or

   (ii)the baiting or maltreating of animals; or

   (b)uses or allows an animal in captivity to kill another animal; or

   (c)keeps an animal, or has the custody, care or control of an animal, with the intention of—

   (i)using the animal as a lure for blooding greyhounds; or

   (ii)killing the animal for the purpose of blooding greyhounds; or

   (iii)using the animal in any other way in relation to the training and racing of coursing dogs.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (3)This section does not apply in relation to—

   (a)the rehabilitation of native animals for release into the wild in a way authorised under a territory law; or

   (b)the keeping and display of animals whose normal diet includes live food; or

   (c)the mustering and working of stock within the meaning of the Stock Act 2005.

3. Rodeos and game parks

   (1)A person commits an offence if the person conducts or takes part in a rodeo.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person commits an offence if the person promotes or conducts a game park.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (3)In this section:

   game park means premises where—

   (a)animals other than fish are confined; and

   (b)the taking and killing of those animals as a sport or recreation is permitted on payment of a fee or other consideration.

   take, in relation to an animal, includes hunt, shoot, poison, net, snare, spear, pursue, capture and injure the animal.

4. Medical and surgical procedures—people other than veterinary surgeons

   (1)A person who is not a veterinary surgeon commits an offence if the person carries out a medical or surgical procedure on an animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)This section does not apply to—

   (a)a medical procedure of a prophylactic or therapeutic nature carried out on the animal in accordance with directions given by a veterinary surgeon; or

   (b)a medical or surgical procedure carried out in accordance with accepted animal husbandry practice in relation to—

   (i)farming and grazing activities; or

   (ii)the management of a zoo; or

   (iii)the management of native animals; or

   (c)a medical or surgical procedure carried out in accordance with a licence or authorisation, subject to any written direction of an ethics committee; or

   (d)the removal of a dog’s dewclaws within 10 days after its birth.

19AMedical and surgical procedures—veterinary surgeons

(1)A veterinary surgeon must not do any of the following for a purpose other than a therapeutic purpose:

(a)dock a dog’s tail;

(b)crop a dog’s ear;

(c)remove a dog’s ear;

(d)remove a dog’s dewclaws after 10 days after its birth;

(e)perform a clitoridectomy on a dog;

(f)carry out any other procedure prescribed by regulation.

Maximum penalty:  50 penalty units.

(2)An offence against this section is a strict liability offence.

1. Exception—approved code of conduct

   This part (other than the following provisions) does not apply if the conduct making up the offence was in accordance with an approved code of practice:

   (a)section 14 (Spurs);

   (b)section 17 (1) or (2) (Matches, competitions and baiting);

   (c)section 18 (1) or (2) (Rodeos and game parks);

   (d)section 19A (Medical and surgical procedures—veterinary surgeons).

[1.12]Section 25

substitute

1. Research, teaching and breeding

   (1)A person commits an offence if the person—

   (a)uses or breeds an animal for research or teaching; and

   (b)the person does not have a licence to do so.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)This section does not apply to—

   (a)an authorised person, or a person assisting an authorised person; or

   (b)a person who uses or breeds an animal in the course of employment or engagement by a licensee; or

   (c)a person who uses an animal prescribed by regulation for teaching purposes in a preschool or primary school; or

   (d)an interstate researcher to whom section 49B (1) applies; or

   (e)a person who uses or breeds an animal in the course of employment or engagement by an interstate researcher to whom section 49B (1) applies.

[1.13]Section 36

substitute

1. Return of cancelled and suspended licences

   (1)A person commits an offence if—

   (a)the person’s licence is cancelled or suspended; and

   (b)the person does not return the person’s licence to the authority within 7 days after the day the cancellation or suspension takes effect.

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

[1.14]Section 37

substitute

1. Research and teaching using animals

   (1)A person employed or engaged by a licensee commits an offence if the person—

   (a)conducts a program of research using animals and the person does not hold a research authorisation for the research; or

   (b)conducts a program of teaching using animals and the person does not hold a teaching authorisation for the teaching.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)This section does not apply to—

   (a)a person providing research or teaching assistance for the program; or

   (b)an interstate researcher to whom section 49B (1) applies; or

   (c)a person who uses or breeds an animal in the course of employment or engagement by an interstate researcher to whom section 49B (1) applies.

[1.15]Section 42

substitute

1. Identity certificate for authorised people

   (1)The ethics committee must give an authorised person an identity certificate stating the person’s name and that the person is an authorised person.

   NoteIf a form is approved under s 110A for an identity certificate, the form must be used.

   (2)The identity certificate must show a recent photograph of the person.

   (3)An authorised person commits an offence if—

   (a)an authorised officer asks the person to produce the person’s identity certificate; and

   (b)the person does not produce the certificate.

   Maximum penalty:  5 penalty units.

   (3)An offence against this section is a strict liability offence.

[1.16]Section 49

substitute

1. Return of cancelled and suspended authorisations

   (1)A person commits an offence if—

   (a)the person ceases to be an authorised person; and

   (b)the person does not return the person’s authorisation and the person’s identity certificate issued under section 42 (1), as soon as practicable, but no later than 7 days after the day the person ceases to be an authorised person, to—

   (i)the licensee; or

   (ii)if the authorisation ceases to have effect under section 48—the authority.

   Maximum penalty:  5 penalty units.

   (2)An offence against this section is a strict liability offence.

[1.17]Section 51

substitute

1. Circuses

   (1)A person commits an offence if—

   (a)the person conducts a circus; and

   (b)the circus has performing animals (but is not a travelling zoo); and

   (c)the person does not have a permit to conduct the circus.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person commits an offence if the person conducts a circus using a prohibited circus animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (3)A person commits an offence if the person imports a prohibited circus animal into the ACT as part of a circus troupe.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (4)For subsection (3), it does not matter whether the animal is imported into the ACT for use in the circus.

[1.18]Section 59

substitute

1. Return of cancelled and suspended circus permits

   (1)A person commits an offence if—

   (a)the person’s circus permit is cancelled or suspended; and

   (b)the person does not return the permit to the authority within 7 days after the day the cancellation or suspension takes effect.

   Maximum penalty:  5 penalty units.

   (2)An offence against this section is a strict liability offence.

[1.19]Division 6.1

substitute

Division 6.1               Trapping offences

1. Steel-jawed traps and prohibited traps

   (1)A person commits an offence if the person sets a steel-jawed trap or prohibited trap with the intention of catching an animal.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person commits an offence if the person possesses a steel-jawed trap or prohibited trap.

   Maximum penalty:  5 penalty units.

   (3)An offence against this section is a strict liability offence.

   (4)Subsection (2) does not apply in relation to the possession of a trap kept only—

   (a)for the purpose of display; or

   (b)as a curio or part of a collection.

   (5)In this section:

   prohibited trap means a trap prescribed by regulation for this section.

2. Restricted traps

   (1)A person commits an offence if the person—

   (a)sets a restricted trap with the intention of catching an animal; and

   (b)does not hold a trapping permit.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)In this section:

   restricted trap means a trap prescribed by regulation for this section.

3. Trapping—general

   (1)A person commits an offence if the person sets a trap with the intention of catching an animal.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)This section does not apply in relation to a trap set on premises—

   (a)by the occupier of the premises; or

   (b)with the express permission of the occupier.

   (3)In this section:

   occupier includes an employee, agent or relative of the occupier.

[1.20]Section 73

substitute

1. Return of cancelled and suspended trapping permits

   (1)A person commits an offence if—

   (a)the person’s trapping permit is cancelled or suspended; and

   (b)the person does not return the person’s permit to the authority within 7 days after the day the cancellation or suspension takes effect.

   Maximum penalty:  5 penalty units.

   (2)An offence against this section is a strict liability offence.

[1.21]Section 78

substitute

1. Identity cards

   (1)The chief executive must give an authorised person an identity card stating the person’s name and position.

   (2)The identity card must show—

   (a)a recent photograph of the person; and

   (b)the card’s date of issue and expiry; and

   (c)anything else prescribed by regulation.

   (3)A person commits an offence if—

   (a)the person stops being an authorised person; and

   (b)the person does not return the person’s identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an authorised person.

   Maximum penalty:  1 penalty unit.

   (4)An offence against this section is a strict liability offence.

   (5)In this section:

   authorised person means a person holding any of the following positions:

   (a)inspector (other than a police officer);

   (b)authorised officer.

   (6)Subsection (2) applies only in relation to a card given by the chief executive after the commencement of this section.

   (7)Subsection (6) is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

   (8)Subsections (6) and (7) and this subsection expire on the day they commence.

[1.22]Section 82 (2)

substitute

(2)An inspector must not—

(a)give a document seized under subsection (1) to someone else (other than the authority); or

(b)give a copy of a document inspected or seized under subsection (1) to someone else (other than the authority); or

(c)communicate to someone else (other than the authority)  the contents of a document inspected or seized under subsection (1).

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

(3)Subsection (2) does not apply if the document or copy is given, or the communication is made for the purposes of the investigation or prosecution of an offence.

[1.23]Section 84 (2)

substitute

(2)An authorised officer must not—

(a)give a document seized under subsection (1) to someone else (other than the authority); or

(b)give a copy of a document inspected or seized under subsection (1) to someone else (other than the authority); or

(c)communicate to someone else (other than the authority) the contents of a document inspected or seized under subsection (1).

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

(3)Subsection (2) does not apply if the document or copy is given, or the communication is made for the purposes of the investigation or prosecution of an offence.

[1.24]Section 85 (6)

substitute

(6)A person must not contravene a direction given to the person under subsection (5).

Maximum penalty:  50 penalty units.

(7)An offence against this section is a strict liability offence.

[1.25]Division 7.8

substitute

Division 7.8               Offences in relation to veterinary surgeons

1. Obstructing etc veterinary surgeon

   A person must not hinder, obstruct, intimidate or resist a veterinary surgeon in the exercise of the veterinary surgeon’s functions under this Act.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   NoteThe Criminal Code, pt 3.6 and pt 3.8 include offences for giving false and misleading statements to, or obstructing, Territory public officials.

[1.26]Section 101 (4)

substitute

(4)A person must not engage in conduct that contravenes an order under subsection (2) or (3).

Maximum penalty (subsection (4)):  50 penalty units, imprisonment for 6 months or both.

[1.27]Section 103 (4)

substitute

(4)A person must not engage in conduct that contravenes an order under subsection (2) or (3).

Maximum penalty (subsection (4)):  50 penalty units, imprisonment for 6 months or both.

[1.28]Dictionary, new definition

insert

engage in conduct means—

(a)do an act; or

(b)omit to do an act.

[1.29]Dictionary, definitions of prohibited trap and restricted trap

omit

Part 1.4Animal Welfare (Amendment) Act 1997

[1.30]Section 4, new section 9A

substitute

9ABattery hens

A person commits an offence if—

(a)the person keeps hens for egg production; and

(b)the hens are kept in a battery cage system.

Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

[1.31]Section 5

substitute

1. New section 20 (a)

   before section 20 (a), insert

   (a)section 9A (Battery hens)

5ASection 20 (a) to (d) (as amended)

renumber as section 20 (a) to (e)

Part 1.5Animal Welfare Regulation 2001

[1.32]New section 4A

insert

4AOffences against regulation—application of Criminal Code etc

Other legislation applies in relation to offences against this regulation.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.33]Section 8 (1)

substitute

(1)A person commits an offence if—

(a)the person keeps a domestic fowl (Gallus gallus) for producing eggs; and

(b)the cage in which the fowl is kept does not have enough floor space.

Maximum penalty:  10 penalty units.

(1A)An offence against this section is a strict liability offence.

[1.34]Section 8 (1A) to (5) (as amended)

renumber as section 8 (2) to (6)

Part 1.6Annual Leave Act 1973

[1.35]Section 2 (1), new definition of registrar

insert

registrar means the Registrar of Annual Leave under section 14A.

[1.36]New sections 2A and 2B

insert

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.37]Section 7 (5)

substitute

(5)An employer commits an offence if, not later than 4 weeks before the day the employee becomes entitled to annual leave under this Act, the employer does not give to the employee a written notice setting out—

(a)the date the employee will become entitled to the annual leave; and

(b)the date the period of 6 months mentioned in subsection (2) ends.

Maximum penalty:  50 penalty units.

(5A)An offence against this section is a strict liability offence.

[1.38]Section 7 (5A) and (6) (as amended)

renumber as section 7 (6) and (7)

[1.39]Section 13

substitute

1. Annual leave records

   (1)An employer must keep a record for each of the employer’s employees that includes—

   (a)the name, occupation and classification of the employee; and

   (b)whether the employee is full-time, part-time or casual; and

   (c)the employee’s ordinary remuneration (including the gross and net amounts paid), the base rate of pay and any loading payable to the employee, and the purpose of the loading; and

   (d)the number of hours worked each week by the employee; and

   (e)the date when the employee started service; and

   (f)the period of any annual leave taken by the employee; and

   (g)each other occasion when the employee has been absent from the employment; and

   (h)if the employee has ceased to be employed by the person—the date when, and how, the employment ceased; and

   (i)the date of birth of the employee as provided by the employee; and

   (j)the name of each award or agreement under which the employee has entitlements; and

   (k)if overtime may be paid to the employee under an award or agreement—

   (i)the number of hours worked by the employee during each day; and

   (ii)when the employee started and ceased work.

   Maximum penalty:  20 penalty units.

   (2)An employer must keep a record mentioned in subsection (1) for 2 years after the day when the employee to whom the record relates ceases to be employed by the employer.

   Maximum penalty:  20 penalty units.

   (3)If an authorised officer asks to inspect a record kept by an employer under subsection (1), the employer must make the record available for inspection by the authorised officer during ordinary business hours at the employer’s place of business.

   Maximum penalty:  50 penalty units.

   (4)An offence against this section is a strict liability offence.

[1.40]Section 14C

substitute

14CIdentity cards

(1)The chief executive must give an authorised person an identity card stating the person’s name and position.

(2)The identity card must show—

(a)a recent photograph of the person; and

(b)the card’s date of issue and expiry; and

(c)anything else prescribed by regulation.

(3)A person commits an offence if—

(a)the person stops being an authorised person; and

(b)the person does not return the person’s identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an authorised person.

Maximum penalty:  1 penalty unit.

(4)An offence against this section is a strict liability offence.

(5)In this section:

authorised person means a person holding any of the following positions:

(a)registrar;

(b)delegate of the registrar with any delegated powers of an authorised officer;

(c)authorised officer.

(6)Subsection (2) applies only in relation to a card given by the chief executive after the commencement of this section.

(7)Subsection (6) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(8)Subsections (6) and (7) and this subsection expire on the day they commence.

[1.41]Section 14F

substitute

14FNotice to comply with Act

(1)If an authorised officer is satisfied that an employer is not complying with this Act, the authorised officer may give the employer a written notice requiring the employer to comply with the Act within the period stated in the notice.

(2)The period stated in the notice must not be less than 28 days after the day the employer is given the notice.

(3)An employer must comply with a requirement made of the employer under subsection (1).

Maximum penalty:  50 penalty units.

(4)An offence against this section is a strict liability offence.

[1.42]Section 14J

omit

[1.43]Section 15

substitute

1. Amount payable by employer—offence

   (1)An employer commits an offence if—

   (a)an amount is payable by the employer to a person under this Act; and

   (b)the employer does not pay the amount to the person on the day the amount is payable.

   Maximum penalty:  50 penalty units.

   (2)An offence against this section is a strict liability offence.

Part 1.7Bail Act 1992

[1.44]New section 3A

insert

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.45]Section 49

substitute

1. Failure to answer bail

   (1)A person commits an offence if the person—

   (a)gives an undertaking to appear before a court; and

   (b)fails to carry out the undertaking.

   Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

   (2)The court may issue a warrant to arrest the person and to bring the person before the court.

   (3)Subsection (1) does not apply if the person has a reasonable excuse for failing to carry out the undertaking.

[1.46]Section 51

substitute

1. Indemnification of sureties

   (1)A person commits an offence if the person indemnifies, or agrees to indemnify, anyone else against a liability the other person incurs or may incur as surety for an accused person.

   Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

   (2)A person commits an offence if the person is indemnified, or agrees to be indemnified, by someone else against a liability the person incurs or may incur as surety for an accused person.

   Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

   (3)For this section, it does not matter whether—

   (a)the agreement is for compensation in money or anything else; or

   (b)the agreement is made before or after the person indemnified, or agreed to be indemnified, becomes a surety; or

   (c)the person indemnified, or agreed to be indemnified, becomes a surety.

Part 1.8Births, Deaths and Marriages Registration Act 1997

[1.47]New section 4A

in part 1, insert

4AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.48]Section 5

substitute

1. Notification of births

   (1)If a child is born in the ACT, the responsible person must give the registrar-general written notice of the birth in accordance with subsection (2).

   Maximum penalty:  5 penalty units.

   (2)The notice must—

   (a)include the particulars prescribed by regulation and be accompanied by any certificate required to be given to or by the relevant doctor under subsection (4); and

   (b)be given to the registrar-general within—

   (i)for a child born alive—7 days after the day of the birth; or

   (ii)for a stillbirth—48 hours after the birth.

   (3)In subsection (1):

   responsible person means—

   (a)if the child was born in a hospital or brought to a hospital within 24 hours after the birth—the chief executive officer of the hospital; or

   (b)in any other case—the doctor or midwife responsible for the professional care of the mother at the birth.

   (4)If the birth is a stillbirth, a relevant doctor must, within 48 hours after the birth, give a certificate of the cause of foetal death to—

   (a)if the stillbirth was in a hospital or the body of the stillborn child was brought to a hospital within 24 hours after the birth—the chief executive of the hospital; or

   (b)in any other case—the doctor or midwife responsible for the professional care of the mother at the birth.

   Maximum penalty:  5 penalty units.

   NoteIf a form is approved under s 69 for a certificate, the form must be used.

   (5)In subsection (4):

   relevant doctor means—

   (a)the doctor responsible for the professional care of the mother at the birth; or

   (b)a doctor who examined the body of the stillborn child after the birth.

   (6)An offence against this section is a strict liability offence.

   (7)Subsection (4) does not apply if the relevant doctor believed, on reasonable grounds, that another doctor had given the required certificate.

[1.49]New section 9 (5)

insert

(5)The registrar-general must not refuse to accept a birth registration statement only because it is not lodged within 60 days after the day of the birth.

[1.50]Section 10

substitute

1. Obligation to have birth registered

   (1)A person responsible for having the birth of a child registered must lodge a birth registration statement acceptable to the registrar‑general with the registrar-general within 60 days after the day of the birth.

   Maximum penalty:  5 penalty units.

   (2)An offence against this section is a strict liability offence.

[1.51]Section 28

substitute

1. Use of old birth certificate to deceive

   (1)A person commits an offence if—

   (a)the person produces a birth certificate to someone else that shows a transsexual person’s sex before the record was altered; and

   (b)the person produces the certificate with intent to deceive.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)It is not a defence to a prosecution for an offence against this section that the document in relation to which the prosecution is brought refers to the defendant.

   (3)In this section:

   birth certificate includes—

   (a)a copy of a birth certificate; and

   (b)an extract from a birth certificate.

[1.52]Section 35

substitute

1. Notification of deaths by doctors

   (1)A doctor must give the registrar-general written notice of the death and cause of death of a person within 48 hours after the death if the doctor—

   (a)was responsible for the deceased person’s medical care immediately before the death; or

   (b)examined the body of the deceased person after the death.

   Maximum penalty:  5 penalty units.

   NoteIf a form is approved under s 69 for a notice, the form must be used.

   (2)An offence against this section is a strict liability offence.

   (3)This section does not apply if the doctor believed, on reasonable grounds, that—

   (a)another doctor had given the required notice; or

   (b)the death had been reported to a coroner under the Coroners Act 1997.

[1.53]Section 37

substitute

1. Notification by funeral directors etc

   (1)If a funeral director or someone else arranges for the disposal of human remains in the ACT, the person must, within 7 days after the day the remains are disposed, give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:

   (a)the name and last home address of the deceased person;

   (b)if the death was reported to a coroner—that fact;

   (c)where and how the remains were disposed of;

   (d)any other information required by regulation.

   Maximum penalty:  5 penalty units.

   (2)If a funeral director or someone else arranges for human remains (other than cremated remains) to be removed from the ACT, the person must, within 28 days after the day the remains are disposed of outside the ACT, give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:

   (a)the name and last home address of the deceased person;

   (b)if the death was reported to a coroner—that fact;

   (c)where and how the remains were disposed of;

   (d)any other information required by regulation.

   Maximum penalty:  50 penalty units.

   (3)If a funeral director or someone else has the custody of human remains that have not been disposed of within 30 days after the day of the death, the person must give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:

   (a)the name and last home address of the deceased person;

   (b)if the death was reported to a coroner—that fact;

   (c)any other information required by regulation.

   Maximum penalty:  10 penalty units

   (4)An offence against this section is a strict liability offence.

   (5)In this section:

   disposal, in relation to human remains, means—

   (a)cremation; or

   (b)burial, including burial at sea; or

   (c)placing the remains in a mausoleum or other permanent resting place; or

   (d)placing the remains in the custody of an educational or scientific institution for the purpose of medical eduction or research; or

   (e)removal from the ACT, unless the remains have been cremated.

   funeral director means a person who carries on the business of arranging for the disposal of human remains.

   human remains includes the remains of a stillborn child.

[1.54]Section 41 (3)

substitute

(3)A person commits an offence if the person fails to comply with a notice given to the person under subsection (2).

Maximum penalty:  50 penalty units.

NoteThe Legislation Act, s 170 and s 171 deals with the application of the privilege against selfincrimination and client legal privilege.

(4)An offence against this section is a strict liability offence.

[1.55]Section 50

substitute

1. Unauthorised access to, or interference with, register

   A person commits an offence if the person—

   (a)does any of the following:

   (i)obtains access to the register, records maintained under section 47 or information contained in the register or those records;

   (ii)makes, alters or deletes an entry in the register or those records;

   (iii)interferes with the register or those records in any other way; and

   (b)does so without the registrar-general’s authority.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

[1.56]Section 51 (3)

substitute

(3)A person commits an offence if the person fails to comply with a requirement made of the person, or a notice given to the person, under subsection (2).

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

NoteThe Legislation Act, s 170 and s 171 deals with the application of the privilege against selfincrimination and client legal privilege.

[1.57]Section 52 (3)

substitute

(3)A person commits an offence if the person fails to comply with a notice given to the person under subsection (2).

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

NoteThe Legislation Act, s 170 and s 171 deals with the application of the privilege against selfincrimination and client legal privilege.

Part 1.9Boxing Control Act 1993

[1.58]New sections 3A and 3B

in part 1, insert

3ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.59]Section 5

substitute

1. Boxing contests

   A person commits an offence if—

   (a)the person conducts a boxing contest; and

   (b)an approval under section 8 is not in force for the contest.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

[1.60]Section 8 (7)

substitute

(7)A person must not contravene a condition of an approval given to the person.

Maximum penalty:  50 penalty units.

(8)An offence against this section is a strict liability offence.

[1.61]Sections 10 to 13

substitute

1. Boxing officials

   (1)A person commits an offence if the person—

   (a)participates in a professional boxing contest otherwise than as a boxer; and

   (b)is not registered for that participation.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)In this section:

   registered means registered under the New South Wales Act, section 20 (Determination of application) or section 25 (Determination of application).

2. Professional boxers

   (1)A male commits an offence if he—

   (a)engages in a professional boxing contest involving a particular style of boxing; and

   (b)is not registered as a boxer of the class that is appropriate to that style.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)In this section:

   registered means registered under the New South Wales Act, section 9 (Determination of application) or section 13 (Determination of application).

3. Amateur boxers

   (1)A person commits an offence if—

   (a)the person—

   (i)engages in an amateur boxing contest (other than a kick boxing contest) as a boxer; or

   (ii)participates in an amateur boxing contest (other than a kick boxing contest) as a boxing official; and

   (b)the person is not a member of Boxing Australia Incorporated or an affiliated body.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)A person commits an offence if—

   (a)the person—

   (i)engages in an amateur kick boxing contest as a kick boxer; or

   (ii)participates in an amateur kick boxing contest as a kick boxing official; and

   (b)a written approval by an approved body is not in force for the contest.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (3)In this section:

   approved body means a body approved under section 13.

4. Approval of certain bodies for s 12

   (1)The Minister may, in writing, approve a body for section 12 (2).

   (2)An approval is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

13AFemale boxing contests

A female commits an offence if—

(a)she engages in a professional boxing contest; and

(b)an approval under section 14 is not in force for the contest.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

[1.62]Section 18 (1) (e)

substitute

(e)to refuse to approve an organisation under section 13 (Approval of certain bodies for s 12); or

Part 1.10Building and Construction Industry Training Levy Act 1999

[1.63]New section 3A

in part 1, insert

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.64]Section 20 (2)

substitute

(2)A project owner must not contravene subsection (1).

Maximum penalty:  50 penalty units.

(3)An offence against this section is a strict liability offence.

[1.65]Section 30

substitute

1. Identity cards

   (1)The authority must give an inspector an identity card stating the person’s name and that the person is an inspector.

   (2)The identity card must show—

   (a)a recent photograph of the person; and

   (b)the card’s date of issue and expiry; and

   (c)anything else prescribed by regulation.

   (3)A person commits an offence if—

   (a)the person stops being an inspector; and

   (b)the person does not return the person’s identity card to the authority as soon as practicable, but no later than 7 days after the day the person stops being an inspector.

   Maximum penalty:  1 penalty unit.

   (4)An offence against this section is a strict liability offence.

   (5)Subsection (2) applies only in relation to a card given by the authority after the commencement of this section.

   (6)Subsection (5) is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

   (7)Subsections (5) and (6) and this subsection expire on the day they commence.

   (8)If this section commences before the Financial Management Legislation Amendment Act 2005 commences, a reference in this section to the authority is taken to be a reference to the board.

   (9)Subsection (8) and this subsection expire on the later of—

   (a)the commencement of this section; and

   (b)the commencement of the Financial Management Legislation Amendment Act 2005.

[1.66]Section 35

substitute

1. Contravention of requirement by inspector

   A person must take all reasonable steps to comply with a requirement made of the person under section 34 (1) (b), (d) or (e).

   Maximum penalty:  50 penalty units.

   NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

Part 1.11Business Names Act 1963

[1.67]New sections 4A and 4B

insert

4ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.68]Section 5 (1)

substitute

(1)A person must not, alone or with anyone else, carry on business in the ACT under a business name if—

(a)the business name is not registered under this Act for each person carrying on the business; or

(b)section 12 (Notification of changes in particulars relating to registered business names etc) has not been complied with.

Maximum penalty:  50 penalty units.

(1A)An offence against this section is a strict liability offence.

(1B)Subsection (1) does not apply if the business name consists of the name of each person carrying on the business, without any addition.

[1.69]Section 5 (1A) to (5) (as amended)

renumber as section 5 (2) to (7)

[1.70]Section 12 (11)

omit

[1.71]Section 12 (12) and (13)

renumber as section 12 (11) and (12)

[1.72]New section 12A

insert

12AFailing to lodge statements—offence

(1)A person commits an offence if—

(a)a statement is required by section 12 (Notification of changes in particulars relating to registered business names etc) to be lodged with the registrar-general; and

(b)the person is required or authorised by that section to sign the statement; and

(c)the statement—

(i)is not lodged in accordance with that section; or

(ii)does not comply with that section.

Maximum penalty:  10 penalty units.

(2)An offence against this section is a strict liability offence.

(3)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took reasonable steps to comply with section 12.

[1.73]Section 13

substitute

1. Duty to give information

   (1)The registrar-general may, by written notice given to a person, require the person to give information the registrar-general reasonably needs to find out whether a person—

   (a)is carrying on business, alone or with anyone else, under a business name that is required to be registered under this Act; or

   (b)has failed to lodge with the registrar-general a statement required to be lodged under this Act.

   (2)The information must be given within the period stated in the notice or, if the registrar-general allows a longer period, the longer period.

   (3)The period stated in the notice must be not less than 28 days after the day the notice is given to the person.

   (4)A person commits an offence if—

   (a)the person is required to give information to the registrar‑general under subsection (1); and

   (b)the person does not take all reasonable steps to comply with the requirement within the period applying under subsection (2).

   Maximum penalty:  50 penalty units.

   (5)An offence against this section is a strict liability offence.

   (6)The person cannot rely on the common law privileges against selfincrimination and exposure to the imposition of a civil penalty to refuse to give the information.

   NoteThe Legislation Act, s 171 deals with client legal privilege.

   (7)However, any information obtained, directly or indirectly, because of the giving of the information, is not admissible in evidence against the person in a criminal proceeding, other than a proceeding for—

   (a)an offence against this section; or

   (b)any offence in relation to the falsity or the misleading nature of the information.

[1.74]Section 20

substitute

1. Use and display of business name

   (1)A person commits an offence if—

   (a)the person, alone or with anyone else, carries on business under a business name registered under this Act; and

   (b)the person—

   (i)issues or signs any document for the business that does not display the business name in legible characters; or

   (ii)does not display the business name in a conspicuous place outside each place of business; or

   (iii)does not display the certificate of registration of the business name in a conspicuous place at the place of business or, if the business is carried on at more than 1 place, the main place of business.

   Maximum penalty:  5 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took reasonable steps to comply with this section.

[1.75]Section 26

substitute

1. Invitations to public to make deposits or loans

   (1)A person commits an offence if—

   (a)a business is carried on in the ACT under a business name that is registered or required to be registered under this Act; and

   (b)the person—

   (i)uses or refers to the business name in an invitation to the public, or advertisement inviting the public, to deposit money with or lend money to the person, or the firm, who is carrying on the business; or

   (ii)uses or refers to the business name in relation to any deposit or loan.

   Maximum penalty:  50 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)This section does not apply to an invitation to the public made by a public company in accordance with the Corporations Act.

Part 1.12City of Canberra Arms Act 1932

[1.76]Section 4

substitute

1. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

3. Unauthorised use of City of Canberra Arms

   (1)A person commits an offence if the person uses in relation to any trade, business, calling or profession—

   (a)the City of Canberra Arms; or

   (b)arms or a device or design that is likely to be taken to be the City of Canberra Arms.

   Maximum penalty:  30 penalty units.

   (2)An offence against this section is a strict liability offence. 

   (3)This section does not apply in relation to a use authorised by the Minister.

   (4)If, in a prosecution for an offence against this section, it is proved that the City of Canberra Arms or the other arms, device or design was displayed on any goods manufactured, produced, sold or offered for sale by the defendant, it is presumed, unless the contrary is proved, that the defendant used it in relation to a trade, business, calling or profession.

Part 1.13Clinical Waste Act 1990

[1.77]New sections 2A and 2B

insert

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.78]Section 10

substitute

1. Identity cards

   (1)The chief executive must give an authorised person an identity card stating the person’s name and position.

   (2)The identity card must show—

   (a)a recent photograph of the person; and

   (b)the card’s date of issue and expiry; and

   (c)if the person is only authorised to exercise functions under particular provisions of this Act—the provisions; and

   (d)anything else prescribed by regulation.

   (3)A person commits an offence if—

   (a)the person stops being an authorised person; and

   (b)the person does not return the person’s identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an authorised person.

   Maximum penalty:  1 penalty unit.

   (4)An offence against this section is a strict liability offence.

   (5)In this section:

   authorised person means a person holding any of the following positions:

   (a)the controller;

   (b)a delegate of the controller with any delegated powers of an inspector;

   (c)an inspector mentioned in section 9 (3) (a).

   (6)Subsection (2) applies only in relation to a card given by the chief executive after the commencement of this section.

   (7)Subsection (6) is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

   (8)Subsections (6) and (7) and this subsection expire on the day they commence.

[1.79]Section 26

substitute

1. Return of licence

   (1)If the controller varies, suspends or cancels a licence, the licensee must return the licence to the controller within 7 days after the day the variation, suspension or cancellation takes effect.

   Maximum penalty:  5 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)If the licence has been varied, the controller must endorse the variation on the licence and return the licence to the licensee.

[1.80]Sections 28 to 30

substitute

1. Handling—general

   A person commits an offence if the person—

   (a)stores, transports or disposes of clinical waste; and

   (b)is negligent about whether the way in which the waste is stored, transported or disposed of would cause injury or disease to someone dealing with the waste.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

2. Handling—regulated premises

   (1)A person commits an offence if—

   (a)the person stores, transports or disposes of clinical waste; and

   (b)the waste is derived from regulated premises; and

   (c)the person does not store, transport or dispose of the waste in accordance with the manual.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)An offence against this section is a strict liability offence.

3. Unlicensed transport

   (1)A person commits an offence if the person—

   (a)conducts a business of transporting clinical waste; and

   (b)is not licensed to conduct the business.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)An offence against this section is a strict liability offence.

[1.81]Section 34

omit

An inspector

substitute

(1)An inspector

[1.82]New section 34 (2)

insert

(2)A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (h), (i) or (j).

Maximum penalty:  50 penalty units.

NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.83]Section 38

omit

Part 1.14Community Title Act 2001

[1.84]New section 4A

in part 1, insert

4AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.85]Section 58

substitute

1. Failure to give certificate or access—offence

   (1)A person commits an offence if—

   (a)the person is a member of the committee of management of a body corporate; and

   (b)the body corporate fails to comply with a request under section 56 (Community title certificate and access to body corporate records) for a community title certificate or access to books, records or documents held by the body corporate.

   Maximum penalty:  50 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)It is a defence to a prosecution for an offence against this section if the defendant proves that—

   (a)the person making the request, when asked by someone acting for the body corporate, did not give the body corporate reasonable grounds to believe that the person was an eligible person; or

   (b)the defendant took reasonable steps to ensure that the request was complied with; or

   (c)the failure to comply with the request happened without the defendant’s knowledge.

[1.86]Section 95

substitute

1. Notice of intention not to proceed to enforce mortgage

   (1)A mortgagee in possession of a lot included in a community title scheme commits an offence if the mortgagee—

   (a)decides not to enforce the mortgage; and

   (b)fails to immediately give written notice of the decision to the body corporate.

   Maximum penalty:  20 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)On giving the written notice, the mortgagee ceases to be a mortgagee in possession of the lot and is not the owner of the lot under this Act.

Part 1.15Consumer and Trader Tribunal Act 2003

[1.87]Section 59

substitute

1. Secrecy

   (1)In this section:

   court includes any entity with power to require the production of documents or the answering of questions.

   divulge includes communicate.

   person to whom this section applies means anyone who is, or has been—

   (a)a tribunal member; or

   (b)a member of the staff of the tribunal; or

   (c)acting under the direction or authority of the tribunal; or

   (d)providing advice or expertise to the tribunal.

   produce includes allow access to.

   protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.

   (2)A person to whom this section applies commits an offence if—

   (a)the person—

   (i)makes a record of protected information about someone else; and

   (ii)is reckless about whether the information is protected information about someone else; or

   (b)the person—

   (i)does something that divulges protected information about someone else; and

   (ii)is reckless about whether—

   (A)the information is protected information about someone else; and

   (B)doing the thing would result in the information being divulged.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (3)This section does not apply if the record is made, or the information is divulged—

   (a)under this Act or another territory law; or

   (b)in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.

   (4)Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.

   (5)A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.

Part 1.16Contractors Debts Act 1897

[1.88]New sections 2A and 2B

insert

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.89]Section 12

substitute

1. Contractor to give information about contractees

   (1)If the worker or tradesperson obtains a certificate of the cause of debt, the contractor must, if asked in writing by the worker or tradesperson, give the worker or tradesperson a written statement of the name and address of each contractee of the contractor.

   Maximum penalty:  50 penalty units.

   (2)An offence against this section is a strict liability offence.

Part 1.17Coroners Act 1997

[1.90]Section 3 (1), new definition

insert

engage in conduct means—

(a)do an act; or

(b)omit to do an act.

[1.91]New sections 3A and 3B

in part 1, insert

3ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.92]Section 40 (3)

substitute

(3)A person commits an offence if the person engages in conduct that contravenes an order.

Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

[1.93]Section 65 (2)

substitute

(2)A person commits an offence if the person enters or interferes with an area to which access is restricted under subsection (1).

Maximum penalty:  100 penalty units.

(3)An offence against this section is a strict liability offence.

(4)This section does not apply to a police officer, a member of an emergency service or a person assisting the coroner unless the coroner orders otherwise.

[1.94]Section 77

substitute

1. Obligation to report death

   (1)A person commits an offence if the person—

   (a)knows that a death has happened; and

   (b)has reasonable grounds to believe that—

   (i)a coroner would have jurisdiction to hold an inquest in relation to the death; and

   (ii)the death has not been reported to a coroner or a police officer; and

   (c)does not report the death to a coroner or a police officer as soon as practicable after becoming aware of it and having the reasonable grounds mentioned in paragraph (b).

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)A police officer commits an offence if the police officer—

   (a)knows that a death has happened; and

   (b)has reasonable grounds to believe that—

   (i)a coroner would have jurisdiction to hold an inquest in relation to the death; and

   (ii)the death has not been reported to a coroner; and

   (c)does not report the death to a coroner as soon as practicable after becoming aware of it and having the reasonable grounds mentioned in paragraph (b).

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

[1.95]Section 78

substitute

1. Death in custody—obligation to report

   A custodial officer commits an offence if the custodial officer—

   (a)knows of a death in custody; and

   (b)has reasonable grounds to believe that the death has not been reported to a coroner; and

   (c)does not report the death to a coroner as soon as practicable after becoming aware of it and having the reasonable grounds mentioned in paragraph (b).

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

[1.96]Section 83

substitute

1. Improper dealing with body or ashes of dead person

   A person commits an offence if—

   (a)the person has reasonable grounds to believe that a post mortem examination of the body, or an analysis of the ashes, of a dead person has been, or may be, ordered under this Act; and

   (b)the person interferes with or removes the body or ashes of the dead person with the intention of preventing or hindering the holding of a post-mortem examination of the body, or an analysis of the ashes, being conducted under this Act.

   Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

[1.97]Section 100

substitute

1. Deaths in institutions—retention of records of dead person

   (1)If a person dies while the person is a patient in a hospital or other institution in circumstances in which a coroner has jurisdiction to hold an inquest, the person in charge of the hospital or institution must ensure that all records relating to the person who died are kept for at least 3 years after the day of the death.

   Maximum penalty:  50 penalty units.

   (2)If a person dies in custody, the responsible person must ensure that all records relating to the person who died are kept for at least 7 years after the day of the death.

   Maximum penalty:  50 penalty units.

   (3)An offence against this section is a strict liability offence.

   (4)In subsection (2):

   responsible person, in relation to a person who died in custody, means—

   (a)if the person died in a hospital or other institution—the person in charge of the hospital or institution; or

   (b)in any other case—the person in charge of the custodial agency in whose custody the person was when the person died.

(b)recording a private conversation to which the person is a party.

Maximum penalty:  50 penalty units.

[1.211]Section 5 (1)

substitute

(1)A person who is party to a private conversation commits an offence if—

(a)the person divulges or communicates a record of the conversation; and

(b)the person knows that the record was made, directly or indirectly, using a listening device (whether or not in contravention of section 4).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

[1.212]Section 6 (1)

substitute

(1)A person commits an offence if—

(a)the person divulges or communicates a private conversation, or a report of a private conversation; and

(b)the person knows of the conversation, directly or indirectly, because of the use of a listening device—

(i)in contravention of section 4; or

(ii)in circumstances mentioned in section 4 (2) (b) or (3).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

[1.213]Section 7 (1)

substitute

(1)A person commits an offence if—

(a)the person possesses a record of a private conversation; and

(b)the person knows the record was obtained, directly or indirectly, using a listening device in contravention of section 4.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

[1.214]Section 8

substitute

1. Manufacture, supply and possession of listening devices

   A person commits an offence if—

   (a)the person—

   (i)manufactures a listening device; or

   (ii)supplies, sells or distributes a listening device; or

   (iii)offers to supply, sell or distribute a listening device; or

   (iv)possesses a listening device; and

   (b)the person knows the device is intended or mainly designed for use in contravention of section 4.

   Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

[1.215]Section 10 (6)

substitute

(6)A person must not engage in conduct that contravenes an order under subsection (5).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 1.30Major Events Security Act 2000

[1.216]New section 3A

in part 1, insert

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.217]Section 8 (2)

substitute

(2)A person commits an offence if—

(a)the person enters or stays in a restricted area; and

(b)the person does not have the occupier’s consent to be in the area.

Maximum penalty:  10 penalty units.

(3)An offence against this section is a strict liability offence.

[1.218]Sections 9 and 10

substitute

1. Search of personal property

   (1)A police officer may ask a person to permit a search to be made of the person’s personal property if—

   (a)the person is entering (or about to enter) a major event venue; or

   (b)the person is in a major event venue.

   (2)The person must permit a police officer to search the person’s personal property.

   Maximum penalty:  10 penalty units.

   (3)An offence against this section is a strict liability offence.

   (4)This section applies only if the declaration of the event to be held at a major event venue states that it is a condition of entry to the venue that a person entering or in the venue must, if asked by a police officer, permit a search to be made of the person’s personal property.

2. Frisk search of people

   (1)A police officer may ask a person to permit a frisk search of the person if—

   (a)the person is entering (or about to enter) a major event venue; or

   (b)the person is in a major event venue.

   (2)The person must permit a police officer to frisk search the person.

   Maximum penalty:  10 penalty units.

   (3)An offence against this section is a strict liability offence.

   (4)This section applies only if the declaration of the event to be held at a major event venue states that it is a condition of entry to the venue that a person entering or in the venue must, if asked by a police officer, permit a frisk search to be made of the person.

[1.219]Section 11 (1)

substitute

(1)A person commits an offence if the person takes a prohibited item into, or has a prohibited item in, a major event venue.

Maximum penalty:  10 penalty units.

(1A)An offence against this section is a strict liability offence.

[1.220]Section 11 (1A) to (3) (as amended)

renumber as section 11 (2) to (4)

[1.221]Section 12

substitute

1. Name and address

   (1)A police officer may require a person entering (or about to enter) a major event venue to state the person’s name and home address.

   (2)A person must comply with a requirement made of the person under subsection (1).

   Maximum penalty:  5 penalty units.

   (3)An offence against this section is a strict liability offence.

   (4)In this section:

   home address, of a person, means the address of the place where the person usually lives.

12ARefusal of entry

A police officer may refuse a person entry to a major event venue if the officer believes on reasonable grounds that the person—

(a)has committed, or is likely to commit, an offence against this Act; or

(b)is likely to contravene a condition of entry to the venue imposed by an occupier of the venue.

[1.222]Part 4

substitute

Part 4Other offences

1. Unauthorised entry to major event venue

   (1)A person commits an offence if—

   (a)the person enters, or stays in, a major event venue; and

   (b)the person is not authorised to enter, or stay in, the venue.

   Maximum penalty:  10 penalty units.

   (2)For subsection (1), a person is authorised to enter, or stay in, a major event venue if the person—

   (a)has paid the entrance fee (if any); or

   (b)has the occupier’s consent to be in the venue; or

   (c)is allowed for another reason to enter, or stay in, the venue.

   (3)A person commits an offence if—

   (a)the person enters, or stays in, a part of a major event venue; and

   (b)a major event has just been, is being, or is to be, conducted in that part of the venue; and

   (c)the person does not have the occupier’s consent, or is not allowed for another reason, to enter, or stay in, that part of the venue.

   Maximum penalty:  10 penalty units.

   (4)An offence against this section is a strict liability offence.

2. Interference with event

   (1)A person commits an offence if, in a major event venue, the person—

   (a)behaves in an intimidating or harassing way; or

   (b)injures a person or damages property; or

   (c)engages in violent behaviour; or

   (d)disrupts, interferes with, delays or obstructs the conduct of a major event, or an activity associated with the event, by throwing anything or in any other way; or

   (e)in any other way interferes with the reasonable enjoyment of a major event, or an activity associated with the event, by someone else.

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

Part 1.31Mercantile Law Act 1962

[1.223]New sections 2 and 3

in part 1, insert

1. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.224]Section 21

substitute

1. Notice by person depositing goods

   (1)A person commits an offence if—

   (a)the person deposits goods with a warehouse person for storage; and

   (b)the person fails to tell the warehouse person in writing the name and, if the person knows it, the address of everyone who the person knows has an interest in the goods.

   Maximum penalty:  5 penalty units.

   (2)An offence against this section is a strict liability offence.

Part 1.32Notaries Public Act 1984

[1.225]Section 3

substitute

1. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.226]Section 8 (3)

omit

or section 3 shall

substitute

must

[1.227]Section 10 (3)

substitute

(3)A person whose name is on the roll commits an offence if—

(a)the person’s name is removed from the roll under section 13; and

(b)the person fails to return the certificate or duplicate to the registrar within 1 month after the day the person’s name is removed.

Maximum penalty:  5 penalty units.

(4)An offence against this section is a strict liability offence.

[1.228]Section 14

substitute

1. Pretending to be notary public

   (1)A person commits an offence if—

   (a)the person is not a notary public; and

   (b)the person—

   (i)pretends to be entitled, qualified or able to exercise the functions of a notary public; or

   (ii)uses the title of notary public; or

   (iii)otherwise pretends to be a notary public.

   Maximum penalty:  50 penalty units.

   Example for par (b)

   using ‘notary public for the ACT’ on letterhead or in an advertisement

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (2)Strict liability applies to subsection (1) (a).

Part 1.33Residential Tenancies Act 1997

[1.229]New section 3A

insert

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.230]Section 11A

substitute

11AEnergy efficiency rating—advertising

(1)A person commits an offence if—

(a)the person publishes an advertisement for the lease of premises; and

(b)the advertisement does not contain a statement of any existing energy efficiency rating of the habitable part of the premises.

Maximum penalty:  5 penalty units.

(2)Subsection (1) does not apply if the person has a reasonable excuse.

(3)A person commits an offence if—

(a)the person publishes an advertisement for the lease of premises; and

(b)the advertisement includes a statement of the energy efficiency rating of the habitable part of the premises; and

(c)the statement is false or misleading.

Maximum penalty:  5 penalty units.

(4)Subsection (3) does not apply if the person has a reasonable excuse.

(5)Also, subsection (3) (c) does not apply if the statement is not false or misleading in a material particular.

(6)An offence against this section is a strict liability offence.

(7)In this section:

existing energy efficiency rating, of the habitable part of premises, means the energy efficiency rating, or the most recent energy efficiency rating, prepared for the premises for the purpose of a sale or leasing of the premises.

publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public.

[1.231]Section 108

substitute

1. Failure to comply with tribunal orders

   (1)A party to a hearing must not fail to comply with an order of the tribunal.

   (2)If a person contravenes subsection (1), the tribunal may order the person to pay a stated amount (not more than $5 000) to the Territory.

   (3)A person commits an offence if—

   (a)the person contravenes subsection (1) (the first contravention); and

   (b)the tribunal makes an order under subsection (2) in relation to the first contravention; and

   (c)within 1 year immediately after the day of the first contravention, the person again contravenes subsection (1) (the subsequent contravention); and

   (d)the first and subsequent contraventions are not against orders arising from the same proceeding.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (4)Subsection (3) does not apply if the person has a reasonable excuse for the first or subsequent contravention.

[1.232]Section 129

substitute

1. Admissibility of evidence given before approved mediator etc

   (1)The following evidence is not admissible against a person in a criminal proceeding:

   (a)evidence given before an approved mediator during mediation, before the tribunal or during a preliminary conference;

   (b)evidence of any information or thing obtained directly or indirectly because of evidence mentioned in paragraph (a).

   (2)However, evidence mentioned in subsection (1) is admissible in a prosecution for the following offences:

   (a)an offence against section 122 (Contempt of tribunal);

   (b)an offence against the Criminal Code, section 725 (Obstructing etc legal proceeding);

   (c)any offence in relation to the falsity or the misleading nature of the evidence.

   (3)Evidence of any words spoken during mediation before an approved mediator or at a preliminary conference may only be admitted in a civil proceeding under this Act if the evidence relates to the making of an order by a referee.

[1.233]Section 130

omit

Part 1.34Road Transport (General) Regulation 2000

[1.234]New section 24 (1A)

insert

(1A)An offence against this section is a strict liability offence.

[1.235]Section 24 (6)

omit

[1.236]Section 24 (1A) to (5) (as amended)

renumber as section 24 (2) to (6)

[1.237]Section 26

substitute

1. Unauthorised interference with statutory write-off notices

   (1)A person commits an offence if the person damages, destroys or removes a statutory write-off notice attached to a vehicle.

   Maximum penalty:  20 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)This section does not apply to a person who has a reasonable excuse for damaging, destroying or removing the notice.

   Example of reasonable excuse

   removing a notice from a vehicle to sell the part to which it is attached

   NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 1.35Road Transport (Third-Party Insurance) Regulation 2000

[1.238]New section 4A

insert

4AOffences against regulation—application of Criminal Code etc

Other legislation applies in relation to offences against this regulation.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.239]Section 7 (1)

substitute

(1)An authorised insurer must, not later than 30 April in each year, give to the road transport authority a return containing the required insurance particulars for the year ending on the previous 31 December.

Maximum penalty:  20 penalty units.

(1A)An offence against this section is a strict liability offence.

[1.240]Section 7 (1A) and (2) (as amended)

renumber as section 7 (2) and (3)

[1.241]Section 9

substitute

1. Change in use of insured vehicle

   (1)This section applies if the premium paid for the third-party policy applying to a motor vehicle has been worked out because of the use of the vehicle for a particular purpose or purposes mentioned in a premium classification.

   (2)The owner of the motor vehicle must not use the vehicle for another purpose if—

   (a)there is an additional premium payable for the premium classification applying to the other purpose; and

   (b)the owner has not paid the additional premium.

   Maximum penalty:  20 penalty units.

   (3)An offence against this section is a strict liability offence.

Part 1.36Uncollected Goods Act 1996

[1.242]New sections 2 and 2A

insert

1. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.243]Section 16 (4) and (5)

omit

[1.244]New section 16A

insert

16AIdentity cards

(1)The relevant chief executive must give an authorised officer an identity card stating the person’s name and that the person is an authorised officer.

(2)The identity card must show—

(a)a recent photograph of the authorised officer; and

(b)the card’s date of issue and expiry; and

(c)anything else prescribed by regulation.

(3)A person commits an offence if—

(a)the person stops being an authorised officer; and

(b)the person does not return the person’s identity card to the chief executive who gave the identity card to the person as soon as practicable, but no later than 7 days after the day the person stops being an authorised officer.

Maximum penalty:  1 penalty unit.

(4)An offence against this section is a strict liability offence.

(5)Subsection (2) applies only in relation to a card given by a chief executive after the commencement of this section.

(6)Subsection (5) is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(7)Subsections (5) and (6) and this subsection expire on the day they commence.

Part 1.37Waste Minimisation Act 2001

[1.245]New section 4A

insert

4AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.246]Section 11 (4)

substitute

(4)A person must take all reasonable steps to comply with a requirement of a notice given to the person under this section.

Maximum penalty:  250 penalty units.

[1.247]Section 18 (5)

substitute

(5)A person must take all reasonable steps to comply with a requirement of a notice given to the person under this section.

Maximum penalty: 250 penalty units.

[1.248]Section 25

substitute

1. Unlawful use of land as waste disposal facility

   (1)The owner or occupier of premises must ensure that the premises are not used as a waste facility.

   Maximum penalty:  100 penalty units.

   (2)This section does not apply to the declared use of premises prescribed by regulation.

[1.249]Section 29

substitute

1. Identity cards

   (1)The chief executive must give an authorised person an identity card stating the person’s name and that the person is an authorised person.

   (2)The identity card must show—

   (a)a recent photograph of the person; and

   (b)the card’s date of issue and expiry; and

   (c)anything else prescribed by regulation.

   (3)A person commits an offence if—

   (a)the person stops being an authorised person; and

   (b)the person does not return the person’s identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an authorised person.

   Maximum penalty:  1 penalty unit.

   (4)An offence against this section is a strict liability offence.

[1.250]Section 35 (2)

substitute

(2)A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (f).

Maximum penalty:  50 penalty units.

NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.251]Section 36

substitute

1. Power to require name and address

   (1)An authorised person may require a person to state the person’s name and home or business address if the authorised person believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

   (2)The authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason.

   (3)The person may ask the authorised person to produce his or her identity card for inspection by the person.

   (4)A person must comply with a requirement made of the person under subsection (1) if the authorised person—

   (a)tells the person the reason for the requirement; and

   (b)complies with any request made by the person under subsection (3).

   Maximum penalty:  10 penalty units.

   (5)An offence against this section is a strict liability offence.

   (6)In this section:

   home address, of a person, means the address of the place where the person usually lives.

[1.252]Section 37 (5)

substitute

(5)A person commits an offence if—

(a)the person interferes with a thing to which access has been restricted under subsection (4); and

(b)the person does not have the chief executive’s approval to interfere with the thing.

Maximum penalty:  50 penalty units.

(6)An offence against this section is a strict liability offence.

Part 1.38Waste Minimisation Regulation 2001

[1.253]New section 4A

in part 1, insert

4AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this regulation.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.254]Section 5

substitute

1. Garbage to be kept in container

   (1)The occupier of premises must not keep garbage on the premises if the garbage is not in a suitable container.

   Maximum penalty: 5 penalty units.

   (2)An offence against this section is a strict liability offence.

[1.255]Section 6 (4)

substitute

(4)A person must not put garbage in a government bin, a particular kind of government bin or a particular segment of a government bin in a way that contravenes a direction.

Maximum penalty: 5 penalty units.

(5)An offence against this section is a strict liability offence.

[1.256]Sections 7 and 8

substitute

1. Garbage containers to be kept clean

   (1)This section applies in relation to a container used for the storage of garbage.

   (2)The occupier of premises where the container is kept must take all reasonable steps to keep the container in a hygienic condition.

   Maximum penalty: 5 penalty units.

   (3)An offence against this section is a strict liability offence.

2. Government bins to be kept covered

   (1)The occupier of premises where a government bin is kept must take all reasonable steps to keep the lid of the bin closed except when garbage is being put in or removed from the bin.

   Maximum penalty: 5 penalty units.

   (2)An offence against this section is a strict liability offence.

[1.257]Section 10

omit

[1.258]Section 11 (5)

substitute

(5)A person must not contravene a direction given to the person.

Maximum penalty: 10 penalty units.

(6)An offence against this section is a strict liability offence.

[1.259]Sections 12 and 13

substitute

1. Disposal of garden waste

   (1)A person must not put garden waste in a government bin.

   Maximum penalty: 5 penalty units.

   (2)An offence against this section is a strict liability offence.

2. Disposal of regulated waste

   (1)A person must not put regulated waste in a government bin.

   Maximum penalty: 10 penalty units.

   (2)A person must not bury regulated waste on land that is not a waste facility.

   Maximum penalty: 10 penalty units.

   (3)An offence against this section is a strict liability offence.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 23 June 2005.

2. Notification

   Notified under the Legislation Act on 27 October 2005.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Criminal Code Harmonisation Bill 2005, which was passed by the Legislative Assembly on 20 October 2005.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2005