Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (Cth)

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

No. 24, 2001

An Act relating to the application of the Criminal Code to certain offences, and for related purposes

Contents

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

No. 24, 2001

An Act relating to the application of the Criminal Code to certain offences, and for related purposes

[Assented to 6 April 2001]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001.

2Commencement

1. (1)

   Subject to this section, this Act commences at the later of the following times:

   1. (a)

      immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

   2. (b)

      the start of the 28th day after the day on which this Act receives the Royal Assent.

2. (2)

   Schedule 1 commences on the 28th day after the day on which this Act receives the Royal Assent.

3. (3)

   Schedules 21 and 51 commence on the day mentioned in subsection 2.2(2) of the Criminal Code.

4. (4)

   If section 1 of this Act has not commenced before the commencement of item 78 of Schedule 1 to the Crimes Amendment (Forensic Procedures) Act 2001, items 20, 21 and 22 of Schedule 10 to this Act do not commence.

5. (5)

   If section 1 of this Act has not commenced before the commencement of Parts 2, 5 and 6 of Schedule 1 to the Human Rights Legislation Amendment Act 2001, the following provisions of this Act do not commence:

   1. (a)

      items 5, 6 and 7 of Schedule 24;

   2. (b)

      items 3, 4 and 5 of Schedule 43;

   3. (c)

      items 7, 8 and 9 of Schedule 45.

6. (6)

   If item 2 of Schedule 1 to the Human Rights Legislation Amendment Act 2001 commences before the commencement of Schedule 32 to this Act, this Act has effect as if the amendments of the Human Rights and Equal Opportunities Commission Act 1986 contained in Schedule 32 to this Act were amendments of the Human Rights and Responsibilities Commission Act 1986.

7. (7)

   If item 106 of Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 has not commenced before the commencement of section 1 of this Act, item 10 of Schedule 40 to this Act commences immediately after the commencement of the first‑mentioned item.

8. (8)

   If paragraph 234(1)(c) of the Customs Act 1901 is repealed by another Act on or before the commencement of Schedule 21 to this Act, items 122 and 124 of that Schedule do not commence.

3Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4Application of amendments

1. (1)

   Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

2. (2)

   For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

3. (3)

   Subsection (1) does not apply to amendments made by this Act to the War Crimes Act 1945.

Schedule 1—Amendments commencing on the 28th day after Royal Assent

Crimes Act 1914

1

At the end of Part I

Add:

3BBApplication of sections 4, 5, 7, 7A, 14, 15D and 86

Sections 4, 5, 7, 7A, 14, 15D and 86 do not apply in relation to an offence against a provision of this Act, or of any other law of the Commonwealth, being an offence to which Chapter 2 of the Criminal Code applies.

2

Subsection 4D(1)

Repeal the subsection, substitute:

1. (1)

   Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an Act as described in a paragraph of subsection (1A) indicates:

   1. (a)

      if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or

   2. (b)

      in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.

2. (1A)

   Subsection (1) applies to a penalty set out:

   1. (a)

      at the foot of a section of an Act; or

   2. (b)

      at the foot of a subsection of an Act, but not at the foot of the section containing the subsection; or

   3. (c)

      at the foot of a clause of any Schedule to an Act; or

   4. (d)

      at the foot of a subclause of any Schedule to an Act, but not at the foot of the clause containing the subclause.

3. (1B)

   Subsection (1) does not affect the operation of subsection 4B(2), (2A) or (3).

Criminal Code Act 1995

3

After section 3

Insert:

3AAApplication of the Criminal Code to regulations

1. (1)

   Despite section 2.2 of the Criminal Code, or anything in any other Act, if the Governor‑General has power to make regulations under an Act, that power is taken to include a power to make regulations applying Chapter 2 of the Criminal Code on and after a specified day to offences against:

   1. (a)

      all regulations under that Act; or

   2. (b)

      a specified class of regulations under that Act; or

   3. (c)

      one or more specified regulations under that Act;

whether those regulations are made before or after the commencement of this section.

1. (2)

   The day specified in regulations made under subsection (1) must not:

   1. (a)

      occur before the day on which the regulations are made; or

   2. (b)

      be the day specified in subsection 2.2(2) of the Criminal Code, or occur after that day.

2. (3)

   This section ceases to have effect, and is taken to have been repealed, on the day specified in subsection 2.2(2) of the Criminal Code.

Schedule 2—Australian Federal Police Act 1979

1

At the end of Part I

Add:

5BApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 49M(1)

Omit “knowingly”, substitute “intentionally”.

3

Paragraph 63(b)

Omit “without lawful excuse,”.

4

Paragraphs 63(c) and (d)

Omit “, without lawful excuse,”.

5

At the end of section 63

Add:

1. (2)

   Paragraphs (1)(b), (c) and (d) do not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

6

After subsection 64A(1)

Insert:

1. (1A)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

Schedule 3—Australian Protective Service Act 1987

1

At the end of Part I

Add:

4AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Paragraph 13(2)(b)

Omit “, 7 or 7A of the Crimes Act 1914”, substitute “of the Crimes Act 1914, or section 11.1 or 11.4 of the Criminal Code,”.

3

After subsection 19(3)

Insert:

1. (3A)

   Subsection (3) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

4

At the end of section 19

Add:

1. (7)

   Subsection (6) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

5

After subsection 20(4)

Insert:

1. (4A)

   Subsection (4) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

Schedule 4—Australian Security Intelligence Organisation Act 1979

1

After section 4

Insert:

4AApplication of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 92M(1)

Omit “, without reasonable excuse”.

3

Paragraph 92M(2)(b)

Omit “, without reasonable excuse”.

4

Subsection 92M(3)

Omit “, without reasonable excuse,”.

5

After subsection 92M(3)

Insert:

1. (3A)

   Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

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

6

Subsection 92M(5)

Omit “references”, substitute “reference”.

Schedule 5—Bankruptcy Act 1966

1

After section 7

Insert:

7AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

After subsection 54(2)

Insert:

1. (3)

   Subsections (1) and (2) are offences of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

3

Subsection 56F(1)

Omit “, unless the member has a reasonable excuse”.

4

After subsection 56F(1)

Insert:

1. (1A)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

2. (1B)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).

5

After subsection 80(1)

Insert:

1. (1A)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

6

Subsection 155J(1)

Omit “, unless the person has a reasonable excuse”.

7

After subsection 155J(1)

Insert:

1. (1A)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

2. (1B)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).

8

At the end of section 168

Add:

1. (2)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

9

At the end of section 173

Add:

1. (2)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

10

After subsection 175(5)

Insert:

1. (5A)

   Subsection (5) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

11

At the end of section 182

Add:

1. (5)

   Subsection (4) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

12

After subsection 246(1)

Insert:

1. (1A)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

13

Section 263A

Omit “wilfully”, substitute “intentionally”.

14

Subsection 264A(1A)

Omit “, without reasonable excuse”.

15

After subsection 264A(1A)

Insert:

1. (1B)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).

16

Subsection 264C(1)

Omit “, without reasonable excuse”.

17

After subsection 264C(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

18

At the end of section 264E

Add:

1. (2)

   For the purposes of an offence against subsection (1), strict liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the Registrar or magistrate is a Registrar or magistrate before whom an examination under this Act is being held;

   2. (b)

      that the examination is an examination under this Act being held before a Registrar or magistrate.

   Note: For strict liability, see section 6.1 of the Criminal Code.

19

Paragraphs 265(1)(a), (b) and (ca)

Omit “, to the best of his or her knowledge and belief,”.

20

After subsection 265(1)

Insert:

1. (1A)

   A bankrupt is taken to have complied with paragraph (1)(a), (b) or (ca) if he or she has fully and truly disclosed to the best of his or her knowledge and belief as required by that paragraph.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

21

Subsection 265(3)

Omit “for the purpose”, substitute “with the intention”.

22

Subsection 265A(1)

Omit “, without reasonable excuse,”.

23

After subsection 265A(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

24

Subsection 265A(3)

Omit “, without reasonable excuse”.

25

After subsection 265A(3)

Insert:

1. (3A)

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

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

26

Section 267B

Omit “, without reasonable excuse,”.

27

At the end of section 267B

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

28

Section 267D

Omit “, without reasonable excuse”.

29

At the end of section 267D

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

30

Section 267F

Omit “, without reasonable excuse”.

31

At the end of section 267F

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

32

Paragraphs 268(2)(a) and (ba)

Omit “, to the best of his or her knowledge and belief,”.

33

After subsection 268(2)

Insert:

1. (2A)

   A debtor is taken to have complied with paragraph (2)(a) or (ba) if he or she has fully and truly disclosed to the best of his or her knowledge and belief as required by that paragraph.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

34

Subsection 268(3)

Omit “for the purpose”, substitute “with the intention”.

35

At the end of subsection 268(4)

Add:

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

36

Subsection 268(5)

Omit “, to the best of his or her knowledge and belief,”.

37

After subsection 268(5)

Insert:

1. (5A)

   A debtor is taken to have complied with subsection (5) if he or she has fully and truly disclosed to the best of his or her knowledge and belief as required by that subsection.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).

Schedule 6—Classification (Publications, Films and Computer Games) Act 1995

1

At the end of Part 1

Add:

6AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

At the end of subsection 23(4)

Add:

Note: For strict liability, see section 6.1 of the Criminal Code.

3

At the end of subsection 24(4)

Add:

Note: For strict liability, see section 6.1 of the Criminal Code.

4

At the end of subsection 30(3)

Add:

Note: For strict liability, see section 6.1 of the Criminal Code.

5

Subsection 70(4)

Omit “, without reasonable excuse,”.

6

At the end of section 70

Add:

1. (5)

   Subsection (4) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

2. (6)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

Schedule 7—Commerce (Trade Descriptions) Act 1905

1

At the end of section 2

Add:

Note: Chapter 2 of the Criminal Code applies to this Act in the way described in section 5AA of the Customs Act 1901.

2

At the end of section 6

Add:

1. (2)

   For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance of the offence, that the notice required to be given is notice in accordance with the regulations.

   Note: For strict liability, see section 6.1 of the Criminal Code.

3

Subsection 9(2)

Omit “knowingly”, substitute “intentionally”.

4

Paragraphs 12(1)(a) and (b)

Omit “knowingly”, substitute “intentionally”.

Schedule 8—Complaints (Australian Federal Police) Act 1981

1

At the end of Part I

Add:

5BApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Paragraph 7(8)(a)

Omit “without reasonable excuse,”.

3

After subsection 7(8)

Insert:

1. (8A)

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

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

4

Subsection 44(1)

Omit “, without reasonable excuse”.

5

After subsection 44(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

6

Paragraph 50(8)(a)

Repeal the paragraph, substitute:

1. (a)

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

2. (aa)

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

3. (ab)

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

7

Paragraph 50(8)(b)

Omit “without reasonable excuse, wilfully”, substitute “intentionally”.

8

After subsection 50(8)

Insert:

1. (8A)

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

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

9

Section 82

Omit “, without reasonable excuse”.

10

At the end of section 82

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

11

Subsection 83(1)

Omit “, without reasonable excuse,”.

12

After subsection 83(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

Schedule 9—Copyright Act 1968

1

At the end of Part I

Add:

9AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

After subsection 47A(3)

Insert:

1. (3A)

   Subsection (3) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

3

Subsection 47A(7)

Omit “, without reasonable excuse,”.

4

After subsection 47A(7)

Insert:

1. (7A)

   Subsection (7) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

2. (7B)

   Subsection (7) does not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (7B) (see subsection 13.3(3) of the Criminal Code).

5

Subsection 172(1)

Omit “without lawful excuse, and”.

6

At the end of subsection 172(1)

Add:

Penalty: 10 penalty units or imprisonment for 3 months.

7

Subsection 172(2)

Omit “without lawful excuse, and”.

8

At the end of subsection 172(2)

Add:

Penalty: 10 penalty units or imprisonment for 3 months.

9

Subsection 172(3)

Omit “, without lawful excuse,”.

10

Subsection 172(3) (penalty)

Omit “$1,000”, substitute “10 penalty units”.

11

At the end of section 172

Add:

1. (4)

   Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

12

After subsection 203E(6)

Insert:

1. (6A)

   Subsection (6) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

13

Subsection 203E(10)

Omit “for the purpose”, substitute “with the intention”.

14

After subsection 203E(10)

Insert:

1. (10A)

   Subsection (10) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

15

Subsection 203F(2)

Omit “wilfully”, substitute “intentionally”.

Schedule 10—Crimes Act 1914

1. 1

   Subsection 3(1) (paragraph (a) of the definition of associated offence)

   Repeal the paragraph, substitute:

   1. (a)

      in relation to an offence against section 233B of the Customs Act 1901—an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or

2. 2

   Subsection 3(1) (paragraph (b) of the definition of associated offence)

   Omit “an offence under section 5, 7 or 7A or subsection 86(1) of this Act”, substitute “an ancillary offence (within the meaning of the Criminal Code)”.

3. 3

   Subsection 3(1) (subparagraph (c)(i) of the definition of associated offence)

   Omit “section 5, 7 or 7A or subsection 86(1) of this Act”, substitute “a provision of Part 2.4 of the Criminal Code”.

4

After section 3B

Insert:

3BAApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

5

Subsection 3V(2)

Omit “, without reasonable excuse”.

6

After subsection 3V(2)

Insert:

1. (2A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

7

Subsection 3ZL(2)

Repeal the subsection, substitute:

1. (2)

   A person must not refuse or fail to allow those impressions or a photograph of the person to be taken.

   Penalty: Imprisonment for 12 months.

2. (3)

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

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

8

Subsection 15V(2)

Insert:

engage in conduct means:

1. (a)

   do an act; or

2. (b)

   omit to perform an act.

9

Subparagraph 15W(1)(b)(ii)

Repeal the subparagraph, substitute:

1. (ii)

   engaged in conduct contrary to Part 2.4 of the Criminal Code in relation to paragraph 233B(1)(b) of the Customs Act 1901; and

10

Section 15X

Omit “or in aiding, abetting, counselling, procuring, or being in any way knowingly concerned in, their importation”, substitute “or engaged in conduct contrary to Part 2.4 of the Criminal Code in relation to such an offence,”.

11

Subsection 19AZA(1)

Omit “, without reasonable excuse,”.

12

At the end of subsection 19AZA(1)

Add:

Penalty: 10 penalty units.

13

Subsection 19AZA(2)

Omit “, without reasonable excuse,”.

14

At the end of subsection 19AZA(2)

Add:

Penalty: 10 penalty units.

15

Subsection 19AZA(3)

Omit “, without reasonable excuse,”.

16

At the end of section 19AZA

Add:

1. (4)

   Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

2. (5)

   Subsections (1) and (2) are offences of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

17

Subsection 23XG(2)

Omit “or recklessly”.

18

Section 23XH

Omit “or recklessly”.

19

Section 23YL (note)

Omit “or recklessly”.

20

Subsection 23YP(2)

Omit “or recklessly”.

21

Subsection 23YQ(7)

Omit “, without reasonable excuse,”.

22

After subsection 23YQ(7)

Insert:

1. (7A)

   Subsection (7) does not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (7A) (see subsection 13.3(3) of the Criminal Code).

23

Subsection 24AB(1) (definition of act of sabotage)

Omit “for a purpose intended to be prejudicial to”, substitute “with the intention of prejudicing”.

24

Subsection 24AB(3)

Omit “a purpose intended to be prejudicial to” (first occurring), substitute “an intention to prejudice”.

25

Subsection 24AB(3)

Omit “purpose was a purpose intended to be prejudicial to”, substitute “intention was to prejudice”.

26

Paragraph 24AB(4)(a)

Omit “purpose of the defendant was a purpose intended to be prejudicial to”, substitute “defendant intended to prejudice”.

27

Subsection 24AB(5)

Omit “purpose of the defendant was a purpose intended to be prejudicial to”, substitute “defendant intended to prejudice”.

28

Section 24C

Repeal the section, substitute:

24CSeditious enterprises

A person who engages in a seditious enterprise with the intention of causing violence, or creating public disorder or a public disturbance, is guilty of an indictable offence punishable on conviction by imprisonment for not longer than 3 years.

29

Subsection 25(1)

Omit “knowingly”, substitute “intentionally”.

30

Section 26

Omit “knowingly”, substitute “intentionally”.

31

Section 29

Omit “wilfully and unlawfully”, substitute “intentionally”.

32

At the end of section 29

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the property is property belonging to the Commonwealth or to any public authority under the Commonwealth.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

33

Subsection 30AA(3)

Repeal the subsection.

34

Section 30F

Omit “knowingly prints, publishes, sells or exposes for sale or who”, substitute “intentionally prints, publishes, sells or exposes for sale or who intentionally”.

35

Section 30FC

Omit “knowingly”, substitute “intentionally”.

Note: The heading to section 30FC is altered by omitting “knowingly”.

36

Subsections 30R(1) to (4) (inclusive)

Repeal the subsections.

Note: The heading to section 30R is replaced by the heading “Books etc. taken to have been issued by associations”.

37

Paragraph 34(a)

Omit “without reasonable excuse, and”.

38

Paragraph 34(b)

Omit “wilfully”, substitute “intentionally”.

39

At the end of section 34

Add:

1. (2)

   Paragraph (1)(a) does not apply if the judge or magistrate has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

40

Subsection 35(1)

Omit “for the purpose”, substitute “with the intention”.

41

Subsection 35(1)

Omit “knowingly”, substitute “intentionally”.

42

After subsection 35(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance of the offence, that the matter is material in the proceeding.

   Note: For strict liability, see section 6.1 of the Criminal Code.

43

Section 36

After “proceeding”, insert “, intentionally”.

44

Paragraph 36(b)

Omit “knowingly”.

45

Paragraph 37(b)

Omit “attempts by any means to induce”, substitute “does an act with the intention of inducing”.

46

Paragraph 37(c)

Omit “or attempts”.

47

Section 38

Omit “knowingly”, substitute “intentionally”.

48

Section 39

Omit “wilfully”, substitute “intentionally”.

49

Section 40

Omit “wilfully prevents or wilfully endeavours to prevent”, substitute “intentionally prevents”.

50

At the end of section 41

Add:

1. (2)

   For a person to be guilty of an offence against subsection (1):

   1. (a)

      the person must have entered into an agreement with one or more other persons; and

   2. (b)

      the person and at least one other party to the agreement must have intended that a person be charged falsely with an offence pursuant to the agreement; and

   3. (c)

      the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

2. (3)

   A person may be found guilty of an offence against subsection (1) even if:

   1. (a)

      charging a person falsely pursuant to the agreement is impossible; or

   2. (b)

      the only other party to the agreement is a body corporate; or

   3. (c)

      each other party to the agreement is a person who is not criminally responsible; or

   4. (d)

      subject to subsection (4), all other parties to the agreement have been acquitted of the offence.

3. (4)

   A person cannot be found guilty of an offence against subsection (1) if:

   1. (a)

      all other parties to the agreement have been acquitted of such an offence; and

   2. (b)

      a finding of guilt would be inconsistent with their acquittal.

4. (5)

   A person cannot be found guilty of an offence against subsection (1) if, before the commission of an overt act pursuant to the agreement, the person:

   1. (a)

      withdrew from the agreement; and

   2. (b)

      took all reasonable steps to prevent the false charging.

5. (6)

   A court may dismiss a charge of an offence against subsection (1) if the court thinks that the interests of justice require the court to do so.

6. (7)

   Section 11.1 of the Criminal Code does not apply to an offence against subsection (1).

51

At the end of section 42

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the judicial power is of the Commonwealth.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

2. (3)

   For a person to be guilty of an offence against subsection (1):

   1. (a)

      the person must have entered into an agreement with one or more other persons; and

   2. (b)

      the person and at least one other party to the agreement must have intended to obstruct, prevent, pervert or defeat the course of justice pursuant to the agreement; and

   3. (c)

      the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

3. (4)

   A person may be found guilty of an offence against subsection (1) even if:

   1. (a)

      obstructing, preventing, perverting or defeating the course of justice pursuant to the agreement is impossible; or

   2. (b)

      the only other party to the agreement is a body corporate; or

   3. (c)

      each other party to the agreement is a person who is not criminally responsible; or

   4. (d)

      subject to subsection (5), all other parties to the agreement have been acquitted of the offence.

4. (5)

   A person cannot be found guilty of an offence against subsection (1) if:

   1. (a)

      all other parties to the agreement have been acquitted of such an offence; and

   2. (b)

      a finding of guilt would be inconsistent with their acquittal.

5. (6)

   A person cannot be found guilty of an offence against subsection (1) if, before the commission of an overt act pursuant to the agreement, the person:

   1. (a)

      withdrew from the agreement; and

   2. (b)

      took all reasonable steps to prevent the obstruction, prevention, perversion or defeat.

6. (7)

   A court may dismiss a charge of an offence against subsection (1) if the court thinks that the interests of justice require the court to do so.

7. (8)

   Section 11.1 of the Criminal Code does not apply to an offence against subsection (1).

52

At the end of section 43

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the judicial power is of the Commonwealth.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

2. (3)

   For the person to be guilty of an offence against subsection (1), the person’s conduct must be more than merely preparatory to the commission of the offence. The question whether conduct is more than merely preparatory to the commission of the offence is one of fact.

3. (4)

   A person may be found guilty of an offence against subsection (1) even if doing the thing attempted is impossible.

53

Section 44

Omit “or attempts”.

54

After subsection 46(1)

Insert:

1. (1A)

   For a person to be guilty of an offence against paragraph (1)(a), (aa) or (ab):

   1. (a)

      the person’s conduct must have in fact aided the escape or attempted escape by the person in custody, under arrest or in detention (the escapee); and

   2. (b)

      the escapee must have actually escaped or attempted to escape.

2. (1B)

   For a person to be guilty of an offence against paragraph (1)(a), (aa) or (ab), the person must have intended that his or her conduct would aid the escape or attempted escape by the escapee.

3. (1C)

   A person cannot be found guilty of an offence against paragraph (1)(a), (aa) or (ab) if, before the escape or attempted escape, the person:

   1. (a)

      terminated his or her aid to the escapee; and

   2. (b)

      took all reasonable steps to prevent the escape or attempted escape.

4. (1D)

   A person may be found guilty of an offence against paragraph (1)(a), (aa) or (ab) even if the escapee has not been prosecuted, or has not been found guilty of an offence, in relation to the escape or attempted escape.

55

Paragraph 47B(1)(b)

Omit “, without reasonable excuse,”.

56

After subsection 47B(1)

Insert:

1. (1A)

   Paragraph (1)(b) does not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

57

Paragraph 47C(1)(c)

Omit “wilfully”, substitute “intentionally”.

58

Subsection 47C(2)

Omit “wilfully”, substitute “intentionally”.

59

Section 49

Omit “knowingly and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals, or disposes of the property”, substitute “intentionally receives, removes, retains, conceals or disposes of the property, with intent to hinder or defeat the attachment or process”.

60

Subparagraphs 50AA(2)(a)(i) and (ii)

Repeal the subparagraphs, substitute:

1. (i)

   an offence against section 6 or 50DB; or

2. (ii)

   an offence against section 11.1 or 11.5 of the Criminal Code;

61

Paragraph 50AA(2)(b)

Omit “section 5”, substitute “section 11.2 or 11.3 of the Criminal Code”.

62

Subsection 50AA(3)

Omit “section 5”, substitute “section 11.2 of the Criminal Code”.

63

Subsection 50AA(4)

Omit “Section 7A”, substitute “Section 11.4 of the Criminal Code”.

64

Subsection 50AA(5)

Omit “Paragraph 86(1)(a)”, substitute “Section 11.5 of the Criminal Code”.

65

At the end of section 50BA

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the sexual intercourse is engaged in outside Australia;

   2. (b)

      that the person referred to in that subsection as being under 16 is in fact under 16.

   Note 1: For absolute liability, see section 6.2 of the Criminal Code.

   Note 2: For a defence based on belief about age, see section 50CA.

66

At the end of section 50BB

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the sexual intercourse is engaged in outside Australia;

   2. (b)

      that the person referred to in that subsection as being under 16 is in fact under 16.

   Note 1: For absolute liability, see section 6.2 of the Criminal Code.

   Note 2: For a defence based on belief about age, see section 50CA.

67

At the end of section 50BC

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the first person is outside Australia;

   2. (b)

      that the person referred to in that subsection as being under 16 is in fact under 16;

   3. (c)

      in the case of an offence against paragraph (1)(a), (b), (c) or (d)—that the act of indecency referred to in that paragraph is in fact an act of indecency.

   Note 1: For absolute liability, see section 6.2 of the Criminal Code.

   Note 2: For a defence based on belief about age, see section 50CA.

68

At the end of subsection 50BD(1)

Add:

Penalty: Imprisonment for 12 years.

69

After subsection 50BD(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the act of indecency is committed outside Australia;

   2. (b)

      that the person referred to in that subsection as being under 16 is in fact under 16;

   3. (c)

      that the act of indecency referred to in that subsection is in fact an act of indecency.

   Note 1: For absolute liability, see section 6.2 of the Criminal Code.

   Note 2: For a defence based on belief about age, see section 50CA.

70

At the end of section 50BD

Add:

1. (3)

   For the purposes of an offence against subsection (2), absolute liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the sexual intercourse is engaged in outside Australia;

   2. (b)

      that the person referred to in that subsection as being under 16 is in fact under 16.

   Note 1: For absolute liability, see section 6.2 of the Criminal Code.

   Note 2: For a defence based on belief about age, see section 50CA.

71

At the end of section 50CA

Add:

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

72

At the end of section 50CB

Add:

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

73

After subsection 50DA(1)

Insert:

1. (1A)

   Absolute liability applies to paragraph (1)(b).

   Note: For absolute liability, see section 6.2 of the Criminal Code.

2. (1B)

   In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the conduct mentioned in paragraph (1)(a) would be of a kind that would constitute an offence against this Part.

74

After subsection 50DB(1)

Insert:

1. (1A)

   Absolute liability applies to paragraph (1)(b).

   Note: For absolute liability, see section 6.2 of the Criminal Code.

2. (1B)

   In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the conduct mentioned in paragraph (1)(a) would be of a kind that would constitute an offence against this Part (other than this section).

75

Subsection 76B(3) (penalty)

Omit “for a contravention of this subsection”.

76

At the end of section 76B

Add:

1. (4)

   For the purposes of an offence against subsection (1), (2) or (3), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

   1. (a)

      that the computer is a Commonwealth computer;

   2. (b)

      that the computer is not a Commonwealth computer.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

77

Section 76C

Omit “or lawful excuse”.

78

At the end of section 76C

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

   1. (a)

      that the computer is a Commonwealth computer;

   2. (b)

      that the computer is not a Commonwealth computer.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

79

Subsection 76D(3) (penalty)

Omit “for a contravention of this subsection”.

80

At the end of section 76D

Add:

1. (4)

   For the purposes of an offence against subsection (1), (2) or (3), absolute liability applies to the physical element of circumstance of the offence, that the facility is operated or provided by the Commonwealth or by a carrier.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

81

Section 76E

Omit “or lawful excuse”.

82

At the end of section 76E

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the facility is operated or provided by the Commonwealth or by a carrier.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

83

Subsection 78(1)

Omit “for a purpose intended to be prejudicial to”, substitute “with the intention of prejudicing”.

84

Paragraph 78(2)(a)

Omit “show a purpose intended to be prejudicial to”, substitute “show an intention to prejudice”.

85

Paragraph 78(2)(a)

Omit “purpose was a purpose intended to be prejudicial to”, substitute “intention was to prejudice”.

86

Paragraph 78(2)(b)

Omit “for a purpose intended to be prejudicial to”, substitute “with the intention of prejudicing”.

87

Paragraph 78(3)(a)

Omit “purpose of the defendant was a purpose intended to be prejudicial to”, substitute “defendant intended to prejudice”.

88

Subsection 78(4)

Omit “purpose of the defendant was a purpose intended to be prejudicial to”, substitute “defendant intended to prejudice”.

89

Subsection 79(2)

Omit “for a purpose intended to be prejudicial to”, substitute “with the intention of prejudicing”.

90

Subsection 79(7)

Omit “show a purpose intended to be prejudicial to”, substitute “show an intention to prejudice”.

91

Subsection 79(7)

Omit “purpose was a purpose intended to be prejudicial to”, substitute “intention was to prejudice”.

92

Paragraph 79(8)(a)

Omit “purpose of the defendant was a purpose intended to be prejudicial to”, substitute “defendant intended to prejudice”.

93

Subsection 79(9)

Omit “purpose of the defendant was a purpose intended to be prejudicial to”, substitute “defendant intended to prejudice”.

94

Paragraphs 81(1)(a) and (b)

Omit “knowingly”, substitute “intentionally”.

95

Paragraph 83(1)(c)

Omit “knowingly”, substitute “intentionally”.

96

Subsection 83A(1)

Omit “for the purpose”, substitute “with the intention”.

97

Paragraph 83A(1)(a)

Omit “, without lawful authority,”.

98

Paragraphs 83A(1)(b) and (c)

Omit “knowingly”.

99

Paragraph 83A(1)(e)

Omit “without lawful authority or excuse,”.

100

Subsection 83A(2)

Omit “, without lawful authority or excuse”.

101

Subsections 85G(3), (4) and (5)

Omit “, without lawful authority or excuse,”.

102

After subsection 85G(5)

Insert:

1. (5A)

   Subsections (3), (4) and (5) do not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).

103

Paragraph 85G(6)(a)

Omit “off;”, substitute “off; or”.

104

Paragraph 85G(6)(b)

Repeal the paragraph.

105

Paragraph 85G(6)(c)

Omit “it;”, substitute “it; or”.

106

Paragraph 85G(6)(d)

Repeal the paragraph.

107

Section 85H

Omit “, without lawful authority or excuse”.

108

Paragraphs 85H(a), (b) and (c)

Omit “knowingly or recklessly”, substitute “intentionally”.

109

At the end of section 85H

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

110

Section 85N

Omit “knowingly or recklessly”, substitute “intentionally”.

111

Paragraph 85Q(3)(a)

Omit “off;”, substitute “off; or”.

112

Paragraph 85Q(3)(b)

Repeal the paragraph.

113

Paragraph 85Q(3)(c)

Omit “it;”, substitute “it; or”.

114

Paragraph 85Q(3)(d)

Repeal the paragraph.

115

Section 85R

Omit “knowingly or recklessly”, substitute “intentionally”.

116

Subsection 85S(1)

Repeal the subsection, substitute:

1. (1)

   A person must not intentionally use a postal or carriage service supplied by Australia Post:

   1. (a)

      with the result that another person is menaced or harassed; or

   2. (b)

      in such a way as would be regarded by reasonable persons as being, in all the circumstances, offensive.

   Penalty: Imprisonment for 1 year.

2. (1A)

   For the purposes of an offence against paragraph (1)(a) or (b), absolute liability applies to the physical element of circumstance of the offence, that the postal or carriage service is supplied by Australia Post.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

117

Paragraphs 85T(b) and (d)

Omit “knowingly or recklessly”, substitute “intentionally”.

118

Section 85U

Omit “knowingly or recklessly”, substitute “intentionally”.

119

Subsection 85V(1)

Omit “knowingly or recklessly”, substitute “intentionally”.

120

After subsection 85V(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

   1. (a)

      that the post‑box, or stamp vending machine, is erected by Australia Post;

   2. (b)

      that the property belongs to Australia Post.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

121

Subsection 85V(2)

Omit “knowingly or recklessly”, substitute “intentionally”.

122

At the end of section 85V

Add:

1. (3)

   For the purposes of an offence against subsection (2), absolute liability applies to the physical element of circumstance of the offence, that the notice, writing or other marking is on or attached to property belonging to Australia Post.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

123

Subsection 85W(1)

Omit “, without lawful authority or excuse, knowingly or recklessly”, substitute “intentionally”.

124

Subsections 85X(2) and (3)

Omit “knowingly or recklessly”, substitute “intentionally”.

125

After subsection 85X(3)

Insert:

1. (3A)

   For the purposes of an offence against subsection (3), strict liability applies to the physical element of circumstance of the offence, that the carriage of the article by post is otherwise than in accordance with the terms and conditions mentioned in paragraph (1)(b).

   Note: For strict liability, see section 6.1 of the Criminal Code.

126

Subsection 85X(4)

Omit “knowingly or recklessly”, substitute “intentionally”.

127

At the end of section 85X

Add:

1. (6)

   For the purposes of an offence against subsection (4), strict liability applies to the physical element of circumstance of the offence, that the carriage of the article by post is otherwise than in accordance with the requirements mentioned in subsection (5).

   Note: For strict liability, see section 6.1 of the Criminal Code.

128

Section 85ZD

Omit “knowingly or recklessly”, substitute “intentionally”.

129

Subsection 85ZE(1)

Repeal the subsection, substitute:

1. (1)

   A person must not intentionally use a carriage service supplied by a carrier:

   1. (a)

      with the result that another person is menaced or harassed; or

   2. (b)

      in such a way as would be regarded by reasonable persons as being, in all the circumstances, offensive.

   Penalty: Imprisonment for 1 year.

2. (1A)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the carriage service is supplied by a carrier.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

130

Subsection 85ZG(1)

Omit “knowingly or recklessly”, substitute “intentionally”.

131

Subsection 85ZG(1)

Omit “in such a way as to hinder”, substitute “, with the result of hindering”.

132

At the end of subsection 85ZG(1)

Add:

Penalty: Imprisonment for 2 years.

133

After subsection 85ZG(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the facility is operated by a carrier;

   2. (b)

      that the carriage service is supplied by the carrier.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

134

Subsection 85ZG(2)

Omit “knowingly or recklessly”, substitute “intentionally”.

135

Subsection 85ZG(2)

Omit “in such a way as to hinder”, substitute “, with the result of hindering”.

136

At the end of section 85ZG

Add:

1. (3)

   For the purposes of an offence against subsection (2), absolute liability applies to the physical element of circumstance of the offence, that the carriage service is supplied by a carrier.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

137

Section 85ZH

Omit “, without lawful authority or excuse, knowingly or recklessly”, substitute “intentionally”.

138

At the end of section 85ZH

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the satellite is operated by a carrier.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

139

Section 85ZJ

Omit “knowingly or recklessly”, substitute “intentionally”.

140

At the end of section 85ZJ

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the facility belongs to a carrier.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

141

After subsection 85ZK(1)

Insert:

1. (1A)

   In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the offence mentioned in paragraph (1)(a) or (b) would be against a law of the Commonwealth or of a State or Territory.

142

At the end of subsection 85ZK(2)

Add:

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

143

At the end of subsection 85ZKA(2)

Add:

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

144

Section 90B

Omit “knowingly makes a false statement”, substitute “intentionally makes a statement that the person knows is false”.

Schedule 11—Crimes (Aviation) Act 1991

1

Section 9

Repeal the section, substitute:

9What is hijacking?

For the purposes of Division 1 of Part 2, a person hijacks an aircraft if, while on board the aircraft, the person seizes, or exercises control of, the aircraft by force or threat of force, or by any other form of intimidation.

2

Section 10

Repeal the section, substitute:

10What is an unlawful act?

1. (1)

   For the purposes of Division 4 of Part 2, a person commits an unlawful act if he or she:

   1. (a)

      commits an act of violence against anyone on board an aircraft in flight, being an act likely to endanger the safety of the aircraft; or

   2. (b)

      destroys an aircraft in service, or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight.

2. (2)

   For the purposes of Division 4 of Part 2, a person commits an unlawful act if he or she does any of the following:

   1. (a)

      places, or causes to be placed, on an aircraft in service a substance or thing that is likely to destroy the aircraft;

   2. (b)

      places, or causes to be placed, on an aircraft in service a substance or thing that is likely to cause damage to the aircraft which renders it incapable of flight or which is likely to endanger its safety in flight;

   3. (c)

      destroys or damages any navigation facilities or interferes with their operation, being destruction, damage or interference that is likely to endanger the safety of an aircraft in flight;

   4. (d)

      communicates information which he or she knows to be false, thereby endangering the safety of an aircraft in flight.

3

At the end of Part 1

Add:

Division 4—Application of Criminal Code

12AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

4

After subsection 13(2)

Insert:

1. (2A)

   Absolute liability applies to paragraphs (1)(a), (b), (c) and (d) and paragraphs (2)(a), (b) and (c).

   Note: For absolute liability, see section 6.2 of the Criminal Code.

5

After subsection 14(1)

Insert:

1. (1A)

   Absolute liability applies to paragraphs (1)(b), (c), (d), (e), (f) and (g).

   Note: For absolute liability, see section 6.2 of the Criminal Code.

6

After subsection 15(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 2 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

2. (1B)

   Absolute liability applies to paragraph (1)(b).

   Note: For absolute liability, see section 6.2 of the Criminal Code.

7

Subsections 16(1), (2) and (3)

Omit “, without lawful excuse, takes or exercises control (whether directly or through an accomplice)”, substitute “takes or exercises control”.

8

At the end of section 16

Add:

1. (4)

   For the purposes of an offence against subsection (1), (2) or (3), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

9

Section 17

Omit “, without lawful excuse, wilfully”, substitute “intentionally”.

10

At the end of section 17

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

11

Section 18

Omit “with reckless indifference to”, substitute “reckless as to”.

12

At the end of section 18

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

13

At the end of section 19

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

14

Paragraph 20(b)

Omit “with reckless indifference to”, substitute “reckless as to”.

15

At the end of section 20

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

16

Section 21

Omit “so as to”, substitute “in a manner that results in”.

17

Paragraph 21(a)

Omit “interfere”, substitute “an interference”.

18

Paragraph 21(b)

Omit “lessen”, substitute “a lessening of”.

19

At the end of section 21

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

20

Section 22

Repeal the section, substitute:

22Endangering safety of aircraft

1. (1)

   A person who, while on board a Division 3 aircraft, does an act, reckless as to whether the act will endanger the safety of the aircraft, is guilty of an offence.

   Penalty: Imprisonment for 7 years.

2. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

21

Paragraph 23(1)(b)

Omit “for the purpose”, substitute “with the intention”.

22

At the end of section 23

Add:

1. (3)

   For the purposes of an offence against paragraph (1)(a), (b) or (c), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

23

At the end of section 24

Add:

1. (3)

   For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

24

After subsection 25(2)

Insert:

1. (2A)

   Absolute liability applies to paragraphs (1)(a), (b) and (c), and (2)(a), (b), (c) and (d).

   Note: For absolute liability, see section 6.2 of the Criminal Code.

25

Subsections 26(1) and (2)

Repeal the subsections, substitute:

1. (1)

   A person is guilty of an offence if:

   1. (a)

      the person uses a substance or thing to commit an act of violence against anyone at a prescribed airport; and

   2. (b)

      that act:

      1. (i)

         causes or is likely to cause serious injury or death; and

      2. (ii)

         endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and

   3. (c)

      the Montreal Convention, when read together with the Protocol, requires Australia to make the act punishable; and

   4. (d)

      Article 5 of that Convention, when so read, requires Australia to establish its jurisdiction over the offence.

   Penalty: Imprisonment for 15 years.

2. (2)

   A person is guilty of an offence if:

   1. (a)

      the person does any of the following things:

      1. (i)

         destroys or seriously damages the facilities of a prescribed airport;

      2. (ii)

         destroys or seriously damages any aircraft not in service that is at a prescribed airport;

      3. (iii)

         disrupts the services of a prescribed airport; and

   2. (b)

      doing so endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and

   3. (c)

      either of the following applies:

      1. (i)

         the Montreal Convention, when read together with the Protocol, requires Australia to make the act concerned punishable;

      2. (ii)

         if the act concerned relates to an aircraft—the aircraft is in Australia, or is a Commonwealth aircraft or a defence aircraft, or the act is committed by an Australian citizen, whether in Australia or not.

   Penalty: Imprisonment for 10 years.

3. (2A)

   For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the airport is a prescribed airport.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

4. (2B)

   Absolute liability applies to paragraphs (1)(c) and (d) and paragraph (2)(c).

   Note: For absolute liability, see section 6.2 of the Criminal Code.

26

Subsection 26(3)

Omit “paragraph (2)(d)”, substitute “subparagraph (2)(c)(i)”.

27

Section 27

Omit “anything that he or she knows is likely to”, substitute “an act, reckless as to whether the act will”.

28

At the end of section 27

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

   1. (a)

      that the aerodrome is a Commonwealth aerodrome;

   2. (b)

      that the air navigation facilities are Commonwealth air navigation facilities.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

29

At the end of subsection 28(1)

Add:

Penalty: Imprisonment for 2 years.

30

At the end of section 28

Add:

1. (3)

   For the purposes of an offence against subsection (1) or (2), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

   1. (a)

      that the aerodrome is a Commonwealth aerodrome;

   2. (b)

      that the air navigation facilities are Commonwealth air navigation facilities.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

Schedule 12—Crimes (Biological Weapons) Act 1976

1

After section 6

Insert:

6AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 10(1)

Repeal the subsection, substitute:

1. (1)

   Subject to subsection (2), all offences against this Act (including offences that are taken to have been committed because of section 11.2 of the Criminal Code), or against section 11.1 or 11.4 of the Criminal Code in relation to this Act, are indictable offences and are not triable summarily.

Schedule 13—Crimes (Currency) Act 1981

1

At the end of Part I

Add:

5AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 8(1)

Omit “, without reasonable excuse,”.

3

After subsection 8(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

4

Subsection 9(1)

Omit “, without lawful authority or reasonable excuse”.

5

After subsection 9(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

6

Subsection 11(1)

Omit “, without reasonable excuse”.

7

At the end of subsection 11(1)

Add:

Penalty:

1. (a)

   in the case of a person other than a body corporate—imprisonment for 10 years; or

2. (b)

   in the case of a body corporate—500 penalty units.

8

Subsection 11(2)

Omit “, without reasonable excuse”.

9

At the end of section 11

Add:

1. (3)

   Subsections (1) and (2) do not apply if the person has a reasonable excuse.

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

10

Section 13

Omit “, without lawful authority or reasonable excuse, knowingly”, substitute “intentionally”.

11

At the end of section 13

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

12

Section 14

Omit “, without reasonable excuse,”.

13

At the end of section 14

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

14

Section 15

Omit “, without reasonable excuse,”.

15

At the end of section 15

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

16

Section 16

Omit “wilfully”, substitute “intentionally”.

17

Subsection 21(1)

Omit “, without reasonable excuse,”.

18

Subsection 21(1)

Omit “the purpose of”.

19

After subsection 21(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

20

Subsection 21(2)

Omit “the purpose of”.

21

Subsection 21(3)

Omit “, without reasonable excuse,”.

22

Subsection 21(3)

Omit “the purpose of”.

23

After subsection 21(3)

Insert:

1. (3A)

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

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

24

Subsection 21(4)

Omit “for the purpose”, substitute “with the intention”.

25

Section 22

Omit “section 6, 7 or 7A of the Crimes Act 1914”, substitute “section 6 of the Crimes Act 1914 or section 11.1 or 11.4 of the Criminal Code”.

26

Subparagraphs 29(1)(b)(ii) and (c)(ii)

Omit “knowingly”, substitute “intentionally”.

Schedule 14—Crimes (Foreign Incursions and Recruitment) Act 1978

1

After section 3

Insert:

3AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 6(3)

Omit “for the purpose”, substitute “with the intention”.

Note: The heading to section 6 is amended by omitting “for purpose” and substituting “with intention”.

3

Paragraph 7(1)(b)

Omit “for the purpose of the commission of”, substitute “with the intention of committing”.

4

Paragraph 7(1)(c)

Omit “for the purpose”, substitute “with the intention”.

5

Paragraph 7(1)(d)

Omit “for the purpose of the commission of”, substitute “with the intention of committing”.

6

Paragraphs 7(1)(e) and (f)

Omit “for the purpose”, substitute “with the intention”.

7

Paragraph 7(1)(g)

Omit “knowingly permit a meeting or assembly of persons to be held in the building, room, premises or place for the purpose”, substitute “intentionally permit a meeting or assembly of persons to be held in the building, room, premises or place with the intention”.

8

Paragraph 7(1)(h)

Omit “knowingly permit the vessel or aircraft to be used for the purpose”, substitute “intentionally permit the vessel or aircraft to be used with the intention”.

9

Paragraph 9(1)(b)

After “advertisement”, insert “, reckless as to whether the advertisement is”.

10

Paragraph 9(1)(d)

Omit “for the purpose”, substitute “with the intention”.

11

Paragraph 9A(3)(a)

Omit “or 7”.

12

Paragraph 9A(3)(b)

Repeal the paragraph, substitute:

1. (b)

   an ancillary offence (within the meaning of the Criminal Code);

13

Subsection 10(4)

Repeal the subsection, substitute:

1. (4)

   A reference in this section to an offence against this Act includes a reference to an offence against section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, being an offence that relates to an offence against this Act.

14

Subsection 11(4)

Repeal the subsection, substitute:

1. (4)

   A reference in this section to an offence against this Act includes a reference to an offence against section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, being an offence that relates to an offence against this Act.

Schedule 15—Crimes (Hostages) Act 1989

1. 1

   Subsection 3(1) (paragraph (b) of the definition of offence against this Act)

   Repeal the paragraph, substitute:

   1. (b)

      an offence against section 11.1 or 11.5 of the Criminal Code, being an offence that relates to an offence referred to in paragraph (a).

2

Subsection 3(3)

Omit “sections 6 and 7A of the Crimes Act 1914”, substitute “section 6 of the Crimes Act 1914 and section 11.4 of the Criminal Code”.

3

After section 6

Insert:

6AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

4

Section 7

Omit “in order to compel”, substitute “with the intention of compelling”.

Schedule 16—Crimes (Internationally Protected Persons) Act 1976

1

After section 6

Insert:

6AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

After subsection 8(4)

Insert:

1. (4A)

   For the purposes of an offence against subsection (1), (2), (3), (3A), (3B), (3C) or (4), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the person who is murdered or kidnapped, or whose person or liberty is otherwise attacked, is an internationally protected person;

   2. (b)

      that the premises or property are official premises, private accommodation or means of transport of an internationally protected person;

   3. (c)

      that the premises or property are premises or property in or upon which an internationally protected person is present, or is likely to be present;

   4. (d)

      that the person whose life is intended to be endangered by destruction or damage is an internationally protected person.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

3

Subsection 8(5)

Omit “5 or 7 of the Crimes Act 1914‑1975”, substitute “11.1 or 11.2 of the Criminal Code”.

4

Subsection 8(6)

Omit “section 7 of the Crimes Act 1914”, substitute “section 11.1 of the Criminal Code”.

Schedule 17—Crimes (Ships and Fixed Platforms) Act 1992

1

Subsection 3(1)

Insert:

engage in conduct means:

1. (a)

   do an act; or

2. (b)

   omit to perform an act.

2

After section 5

Insert:

5AApplication of the Criminal Code

1. (1)

   Chapter 2 of the Criminal Code applies to all offences against this Act.

   Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2. (2)

   Section 10.5 of the Criminal Code applies to an offence against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory.

3. (3)

   Sections 11.1 and 11.2 of the Criminal Code do not apply in relation to offences against sections 17 and 28.

3

Subsection 6(1)

Omit “subsection (2)”, substitute “subsection 5A(3)”.

4

Subsection 6(2)

Repeal the subsection.

5

Section 8

Omit “, without lawful excuse,”.

6

Subsection 10(1)

Repeal the subsection, substitute:

1. (1)

   A person must not engage in conduct that causes the destruction of a private ship.

   Penalty: Life imprisonment.

7

Subsection 10(2)

Omit “cause damage to a private ship or its cargo knowing that it”, substitute “engage in conduct that causes damage to a private ship or its cargo, knowing that such damage”.

8

Subsection 11(1)

Omit “, without lawful excuse,”.

9

Section 12

Repeal the section, substitute:

12Destroying or damaging navigational facilities

A person must not engage in conduct that causes:

1. (a)

   the destruction of maritime navigational facilities; or

2. (b)

   serious damage to such facilities; or

3. (c)

   serious interference with the operation of such facilities;

if the destruction, damage or interference is likely to endanger the safe navigation of a private ship.

Penalty: 15 years imprisonment.

10

Section 13

Repeal the section, substitute:

13Giving false information

A person must not communicate false information knowing that the communication will endanger the safe navigation of a private ship.

Penalty: 15 years imprisonment.

11

Section 14

Omit “who kills a”, substitute “who engages in conduct that causes the death of another”.

12

Section 15

Omit “who causes grievous bodily harm to a”, substitute “who engages in conduct that causes grievous bodily harm to another”.

13

Section 16

Omit “who injures a”, substitute “who engages in conduct that causes injury to another”.

14

Subsection 18(5) (definition of offence against this Division)

Omit “arising under section 5 of the Crimes Act 1914 (aiders and abettors) or section 7 of that Act (attempts) in relation to”, substitute “created by section 11.1 or 11.2 of the Criminal Code that relates to”.

15

Subsection 20(5)

Omit “, without reasonable excuse,”.

16

After subsection 20(5)

Insert:

1. (5A)

   Subsection (5) does not apply if the ship’s master has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).

17

Subsection 20(6) (definition of offence against Division 1)

Omit “arising under section 5 of the Crimes Act 1914 (aiders and abettors) or section 7 of that Act (attempts) in relation to”, substitute “created by section 11.1 or 11.2 of the Criminal Code that relates to”.

18

Section 21

Omit “, without lawful excuse,”.

19

Section 23

Omit “, without lawful excuse, destroy a fixed platform or cause damage to a fixed platform knowing that it is”, substitute “engage in conduct that causes the destruction of, or damage to, a fixed platform knowing that the destruction or damage is”.

20

Section 24

Omit “, without lawful excuse,”.

21

Section 25

Omit “who kills a”, substitute “who engages in conduct that causes the death of another”.

22

Section 26

Omit “who causes grievous bodily harm”, substitute “who engages in conduct that causes grievous bodily harm to another person”.

23

Section 27

Omit “who injures a”, substitute “who engages in conduct that causes injury to another”.

24

Subsection 29(5) (definition of offence against this Part)

Omit “arising under section 5 of the Crimes Act 1914 (aiders and abettors) or section 7 of that Act (attempts) in relation to”, substitute “created by section 11.1 or 11.2 of the Criminal Code that relates to”.

25

Paragraph 30(1)(b)

Omit “arising under section 5 or 7 of the Crimes Act 1914”, substitute “created by section 11.1 or 11.2 of the Criminal Code”.

26

Paragraph 31(b)

Omit “arising under section 5 or 7 of the Crimes Act 1914”, substitute “created by section 11.1 or 11.2 of the Criminal Code”.

Schedule 18—Crimes (Superannuation Benefits) Act 1989

1

After section 12

Insert:

12AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 35(1)

Omit “knowingly”, substitute “intentionally”.

Schedule 19—Crimes (Torture) Act 1988

1

After section 5

Insert:

5AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

After subsection 6(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the act of torture is done outside Australia;

   2. (b)

      that the act of torture, if done by the person at the relevant time in a part of Australia, would constitute an offence against the law then in force in that part of Australia.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

Schedule 20—Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990

1

Section 3

Insert:

engage in conduct means:

1. (a)

   do an act; or

2. (b)

   omit to perform an act.

2

After section 4

Insert:

4AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

3

Paragraphs 6(1)(a), (d), (e) and (f)

Omit “for the purpose”, substitute “with the intention”.

4

At the end of section 9

Add:

1. (2)

   For the purposes of an offence against this section, absolute liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the possession is in Australia;

   2. (b)

      that the substance possessed is listed in Table I or II in the Annex to the Convention;

   3. (c)

      that the dealing in drugs in which, or for which, the substance, equipment or materials are being used or are to be used is a dealing in drugs described in paragraphs (1)(a) and (b).

   Note: For absolute liability see section 6.2 of the Criminal Code.

5

At the end of section 10

Add:

1. (3)

   For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the conduct is engaged in on board an Australian aircraft in flight, whether in or outside Australia;

   2. (b)

      that the conduct would constitute an offence against a law in force in a State or Territory if it were engaged in by the person in that State or Territory;

   3. (c)

      if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

   4. (d)

      if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

   Note: For absolute liability see section 6.2 of the Criminal Code.

6

At the end of section 11

Add:

1. (2)

   For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the conduct is engaged in on board an Australian ship at sea;

   2. (b)

      that the conduct if engaged in by the person in a State or Territory would constitute an offence against a law of the Commonwealth;

   3. (c)

      if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

   4. (d)

      if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

   Note: For absolute liability see section 6.2 of the Criminal Code.

7

At the end of section 12

Add:

1. (3)

   For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the conduct is engaged in outside Australia;

   2. (b)

      that the conduct constitutes an offence against the law of a foreign country;

   3. (c)

      that the conduct would constitute an offence against a law in force in a State or Territory if it were engaged in by the person in that State or Territory;

   4. (d)

      if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

   5. (e)

      if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

   Note: For absolute liability see section 6.2 of the Criminal Code.

8

At the end of section 13

Add:

1. (2)

   For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the conduct is engaged in outside Australia;

   2. (b)

      that the view to the carrying out of a dealing in drugs with which the conduct is engaged in, is a view to the carrying out of such a dealing:

      1. (i)

         in Australia; or

      2. (ii)

         on board an Australian aircraft in flight outside Australia; or

      3. (iii)

         on board an Australian ship at sea;

   3. (c)

      that the carrying out of the dealing in drugs referred to in paragraph (b) constitutes an offence against a law of the Commonwealth, of a State or of a Territory;

   4. (d)

      if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

   5. (e)

      if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

   Note: For absolute liability see section 6.2 of the Criminal Code.

9

At the end of section 14

Add:

1. (2)

   For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the conduct is engaged in outside Australia;

   2. (b)

      that the dealing in drugs is carried out, or is to be carried out, in a State or Territory;

   3. (c)

      that the carrying out of the dealing in drugs constitutes an offence against a law of that State or Territory;

   4. (d)

      if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

   5. (e)

      if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

   Note: For absolute liability see section 6.2 of the Criminal Code.

10

Paragraph 15(6)(a)

Omit “for the purpose” (wherever occurring), substitute “with the intention”.

11

Section 15A

Omit “for the purpose”, substitute “with the intention”.

12

At the end of section 15A

Add:

1. (2)

   For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the conversion or transfer of property takes place in:

   1. (a)

      a State other than a prescribed State; or

   2. (b)

      a Territory other than a prescribed Territory.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

Note: The heading to section 15A is altered by omitting “Knowingly converting” and substituting “Intentionally converting”.

13

At the end of section 15B

Add:

1. (2)

   For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the concealing or disguising takes place in:

   1. (a)

      a State other than a prescribed State; or

   2. (b)

      a Territory other than a prescribed Territory.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

Note: The heading to section 15B is altered by omitting “Knowingly concealing” and substituting “Intentionally concealing”.

14

At the end of section 15C

Add:

1. (2)

   For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the acquisition, possession or use is in:

   1. (a)

      a State other than a prescribed State; or

   2. (b)

      a Territory other than a prescribed Territory.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

Note: The heading to section 15C is altered by omitting “Knowingly acquiring” and substituting “Intentionally acquiring”.

15

Section 17

Omit “for the purpose” (wherever occurring), substitute “with the intention”.

Schedule 21—Customs Act 1901

1. 1

   Subsection 4(1) (subparagraphs (b)(i) and (ii) of the definition of Records offence)

   Repeal the subparagraphs, substitute:

   1. (i)

      section 6 of the Crimes Act 1914; or

2. 2

   Subsection 4(1) (after paragraph (b) of the definition of Records offence)

   Insert:

   1. (ba)

      an ancillary offence (within the meaning of the Criminal Code) that relates to an offence of the kind referred to in paragraph (a) of this definition; or

3

At the end of Part I

Add:

5AAApplication of the Criminal Code

1. (1)

   Subject to subsection (2), Chapter 2 of the Criminal Code applies to an offence against this Act.

2. (2)

   For the purposes of a Customs prosecution:

   1. (a)

      Parts 2.1, 2.2 and 2.3 of the Criminal Code apply; and

   2. (b)

      Parts 2.4, 2.5 and 2.6 of the Criminal Code do not apply; and

   3. (c)

      a reference to criminal responsibility in Chapter 2 of the Criminal Code is taken to be a reference to responsibility.

3. (3)

   This section is not to be interpreted as affecting in any way the nature of any offence under this Act, the nature of any prosecution or proceeding in relation to any such offence, or the way in which any such offence is prosecuted, heard or otherwise dealt with.

4. (4)

   Without limiting the scope of subsection (3), this section is not to be interpreted as affecting in any way the standard or burden of proof for any offence under this Act that is the subject of a Customs prosecution.

5. (5)

   In this section:

Customs prosecution has the meaning given in section 244.

4

Subsection 5A(1)

Omit “, without the permission of the CEO given under subsection (2),”.

5

After subsection 5A(1)

Insert:

1. (1A)

   Subsection (1) does not apply if the person has the permission of the CEO given under subsection (2).

6

Subsection 5B(1)

Omit “, without the permission of the CEO given under subsection (2),”.

7

After subsection 5B(1)

Insert:

1. (1A)

   Subsection (1) does not apply if the person has the permission of the CEO given under subsection (2).

8

Subsection 20(7)

Omit “, without reasonable excuse,”.

9

After subsection 20(7)

Insert:

1. (7A)

   Subsection (7) does not apply if the person has a reasonable excuse.

10

Subsection 33A(1)

Omit “Except with permission in force under subsection (2), a”, substitute “A”.

11

After subsection 33A(1)

Insert:

1. (1A)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

13

After subsection 49(4A)

Insert:

1. (4B)

   Subsection (1) does not prevent a person from making a record of, divulging, communicating or making use of information, or producing a document, if the person does so:

   1. (a)

      in the performance of a duty under or in connection with this Act; or

   2. (b)

      in the course of acting for or on behalf of the Commission.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (4B) (see subsection 13.3(3) of the Criminal Code).

Schedule 33—International War Crimes Tribunals Act 1995

1

At the end of Part 1

Add:

6AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Paragraphs 43(a) and (b)

Omit “knowingly or recklessly”, substitute “intentionally”.

Schedule 34—Marriage Act 1961

1

After section 5

Insert:

5AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

After subsection 94(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that the person was married when the form or ceremony took place.

   Note: For strict liability, see section 6.1 of the Criminal Code.

3

After subsection 94(3)

Insert:

1. (3A)

   To avoid doubt, section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsections (2) and (3).

4

After subsection 95(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that the person is not of marriageable age.

   Note: For strict liability, see section 6.1 of the Criminal Code.

5

After subsection 95(2)

Insert:

1. (2A)

   For the purposes of an offence against subsection (2), strict liability applies to the physical element of circumstance, that the other party to the marriage is a minor.

   Note: For strict liability, see section 6.1 of the Criminal Code.

6

After subsection 95(3)

Insert:

1. (3A)

   To avoid doubt, section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).

7

At the end of section 95

Add:

1. (5)

   To avoid doubt, section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (4).

8

Section 105

Omit “, without reasonable excuse,”.

9

At the end of section 105

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

2. (3)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

10

Paragraph 106(b)

Omit “wilfully”, substitute “intentionally”.

Schedule 35—Mutual Assistance in Business Regulation Act 1992

1

After section 4

Insert:

4AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 13(1)

Omit “, without reasonable excuse,”.

3

After subsection 13(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

4

Subsection 14(1)

Omit “subsection 13(1)”, substitute “subsection 13(1A)”.

Schedule 36—Mutual Assistance in Criminal Matters Act 1987

1

After section 4

Insert:

4AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Schedule 37—Native Title Act 1993

1

After section 8

Insert:

8AApplication of the Criminal Code

1. (1)

   Subject to subsection (2), Chapter 2 of the Criminal Code applies to all offences against this Act.

   Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2. (2)

   Part 2.5 of the Criminal Code does not apply to an offence against Part 11 of this Act.

2

Section 171

Omit “, without reasonable excuse”.

3

At the end of section 171

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

2. (3)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

4

Section 172

Omit “, without reasonable excuse”.

5

At the end of section 172

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

6

Section 173

Omit “knowingly give evidence that is false or misleading”, substitute “intentionally give evidence that the person knows is false or misleading”.

7

Section 174

Omit “, without reasonable excuse,”.

8

At the end of section 174

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

9

Section 175

Repeal the section.

10

At the end of section 176

Add:

1. (2)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

11

Subsection 203DG(4)

Omit “, without reasonable excuse,”.

12

After subsection 203DG(4)

Insert:

Reasonable excuse for non‑compliance

1. (4A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code).

13

Subsection 203DG(5)

Omit “subsection (4)”, substitute “subsection (4A)”.

Note: The heading to subsection 203DG(7) is altered by omitting “Knowingly making” and substituting “Making”.

Schedule 38—Parliamentary Privileges Act 1987

1

After section 3

Insert:

3AApplication of the Criminal Code

1. (1)

   Chapter 2 of the Criminal Code applies to all offences against this Act.

   Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2. (2)

   To avoid doubt, subsection (1) does not apply the Criminal Code to an offence against a House.

Schedule 39—Passenger Movement Charge Collection Act 1978

1

After section 4

Insert:

4AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

After subsection 6(2)

Insert:

1. (2A)

   Subsection (2) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

3

Subsection 8(1)

Omit “, without reasonable excuse, refuse”, substitute “fail”.

4

After subsection 8(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

2. (1B)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

5

Subsection 8(3)

Omit “, without reasonable excuse,”.

6

After subsection 8(3)

Insert:

1. (3A)

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

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

7

At the end of section 8

Add:

1. (5)

   For the purposes of an offence against subsection (3) or (4), strict liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      that the person obstructed or hindered is an authorised officer;

   2. (b)

      that the authorised officer is acting in the performance of his or her functions or the exercise of his or her powers under this Act.

   Note: For strict liability, see section 6.2 of the Criminal Code.

8

Paragraphs 9(3)(b) and (c)

Repeal the paragraphs, substitute:

1. (b)

   make a statement, in or in connection with a claim for a refund, reckless as to the fact that the statement is false or misleading in a material particular; or

2. (c)

   present a document, in connection with an application for a refund, reckless as to the fact that the document is false or misleading in a material particular.

Schedule 40—Privacy Act 1988

1

After section 3

Insert:

3AApplication of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsections 18C(4), 18D(4), 18K(4), 18L(2), 18N(2), 18Q(9), 18R(2) and 18S(3)

Omit “knowingly or recklessly”, substitute “intentionally”.

3

Subsection 46(2)

Omit “and, without reasonable excuse”, substitute “and who”.

4

After subsection 46(2)

Insert:

1. (2A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

5

Subsection 49(4) (paragraph (b) of the definition of credit reporting offence)

Omit “, 7 or 7A, or paragraph 86(1)(a), of the Crimes Act 1914,”, substitute “of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code,”.

6

Subsection 49(4) (paragraph (b) of the definition of tax file number offence)

Omit “, 7 or 7A, or paragraph 86(1)(a), of the Crimes Act 1914,”, substitute “of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code,”.

7

Subsection 65(1)

Omit “, without reasonable excuse”.

8

Subsection 65(2)

Repeal the subsection, substitute:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

9

Subsection 66(1)

Omit “, without reasonable excuse”.

10

Subsection 66(1A)

Omit “subsection (1)”, substitute “subsection (1B)”.

11

Before subsection 66(2)

Insert:

1. (1B)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).

12

Subsections 66(3) and (10)

Omit “subsection (1)”, substitute “subsection (1B)”.

13

Subsection 99A(9)

Omit “5, 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914,”, substitute “6 of the Crimes Act 1914, or section 11.1, 11.2, 11.4 or 11.5 of the Criminal Code,”.

Schedule 41—Proceeds of Crime Act 1987

1

At the end of Part I

Add:

13AApplication of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 52(1)

Omit “knowingly”, substitute “intentionally”.

3

Paragraph 68(1)(a)

Omit “without reasonable excuse”.

4

After subsection 68(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

5

Subsection 73(7)

Omit “knowingly”, substitute “intentionally”.

6

After subsection 77(6)

Insert:

1. (6A)

   An offence against this section (as referred to in subsection (6)) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

7

At the end of section 78

Add:

1. (4)

   An offence against this section (as referred to in subsection (3)) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

8

Subsection 78A(3)

Omit “or recklessly”.

Schedule 42—Public Order (Protection of Persons and Property) Act 1971

1

At the end of Part I

Add:

5AApplication of the Criminal Code

1. (1)

   Chapter 2 of the Criminal Code applies to all offences against this Act.

   Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2. (2)

   Section 10.5 of the Criminal Code applies to an offence against section 13F as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory.

2

After subsection 6(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the assembly is in a Territory or is wholly or partly on Commonwealth premises;

   2. (b)

      that the persons conduct themselves in the Territory or on the Commonwealth premises.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

3

Subsection 6(2)

Omit “wilfully and without lawful excuse, does an act or thing by way of physical violence to another person or damage to property”, substitute “intentionally does an act of physical violence to another person, or an act that results in damage to property,”.

4

At the end of section 6

Add:

1. (3)

   For the purposes of an offence against subsection (2), absolute liability applies to the physical element of circumstance of the offence, that the person is in a Territory or on Commonwealth premises.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

5

Section 7

Omit “wilfully and without lawful excuse”, substitute “intentionally”.

6

At the end of section 7

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the person is in a Territory or on Commonwealth premises;

   2. (b)

      that the extent of the damage to property exceeds $1,500.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

7

Subsection 8(3)

Omit “, without reasonable excuse,”.

8

After subsection 8(3)

Insert:

1. (3A)

   Strict liability applies to paragraphs (3)(a) and (b).

   Note: For strict liability, see section 6.1 of the Criminal Code.

2. (3B)

   Subsection (3) does not apply to a person who has a reasonable excuse.

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

9

At the end of section 9

Add:

1. (2)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the person is in a Territory or on Commonwealth premises.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

10

Subsection 10(1)

Omit “and without lawful excuse”.

11

Paragraph 10(1)(d)

Omit “in a manner likely to”, substitute “, being reckless as to whether doing so will”.

12

After subsection 10(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the person is in a Territory or on Commonwealth premises.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

2. (1B)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).

13

Subsection 11(1)

Omit “, without reasonable excuse,”.

14

Paragraph 11(2)(c)

Omit “, without reasonable excuse,”.

15

After subsection 11(2)

Insert:

1. (2A)

   For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the premises are in a Territory.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

2. (2B)

   Subsection (1) and paragraph (2)(c) do not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).

16

Subsection 12(1)

Omit “, without reasonable excuse,”.

17

Paragraph 12(2)(c)

Omit “, without reasonable excuse,”.

18

At the end of section 12

Add:

1. (3)

   For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the premises are Commonwealth premises.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

2. (4)

   For the purposes of an offence against paragraph (2)(c), strict liability applies to the physical element of circumstance of the offence, that the direction had been given by:

   1. (a)

      a constable; or

   2. (b)

      a protective service officer; or

   3. (c)

      a person authorised in writing by a Minister or the public authority under the Commonwealth occupying the premises to give directions for the purposes of this section.

   Note: For strict liability, see section 6.1 of the Criminal Code.

3. (5)

   Subsection (1) and paragraph (2)(c) do not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

19

Subsection 13C(2)

Omit “, without reasonable excuse”.

20

At the end of section 13C

Add:

1. (3)

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

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

21

Subsection 13D(2)

Omit “, without reasonable excuse,”.

22

After subsection 13D(2)

Insert:

1. (2A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

23

Section 13F

Omit “without lawful excuse,”.

24

After subsection 15(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance of the offence, that the way in which the persons conduct themselves gives rise to a reasonable apprehension that the assembly will be carried on in a manner involving unlawful physical violence to persons or unlawful damage to property.

   Note: For strict liability, see section 6.2 of the Criminal Code.

25

Subsection 15(2)

Omit “and without lawful excuse, does an act or thing by way of physical violence to another person or damage to property”, substitute “, intentionally does an act of physical violence to another person, or an act that results in damage to property,”.

26

At the end of section 15

Add:

1. (3)

   For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the assembly is in relation to protected premises or a protected person.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

27

Section 16

Omit “wilfully and without lawful excuse”, substitute “intentionally”.

28

At the end of section 16

Add:

1. (2)

   For the purposes of an offence against paragraph 16(1)(b), absolute liability applies to the physical element of circumstance, that the extent of the damage to property exceeds $1,500.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

29

Subsection 17(3)

Omit “, without reasonable excuse,”.

30

After subsection 17(3)

Insert:

1. (3A)

   Strict liability applies to paragraphs (3)(a) and (b).

   Note: For strict liability, see section 6.1 of the Criminal Code.

2. (3B)

   Subsection (3) does not apply to a person who has a reasonable excuse.

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

31

At the end of section 18

Add:

1. (2)

   For the purposes of an offence against paragraph (1)(a), (b), (c) or (d), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

   1. (a)

      that the person mentioned in the paragraph is a protected person;

   2. (b)

      that interference with the discharge of the duties of such a person is interference with the free and safe discharge of those duties.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

32

Subsection 19(1)

Omit “, without lawful excuse”.

33

Paragraph 19(1)(d)

Omit “in a manner likely to”, substitute “, being reckless as to whether doing so will”.

34

After subsection 19(1)

Insert:

1. (1A)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

35

Subsection 20(1)

Omit “, without reasonable excuse,”.

36

Paragraph 20(2)(c)

Omit “, without reasonable excuse,”.

37

At the end of section 20

Add:

1. (3)

   Subsection (1) and paragraph (2)(c) do not apply if the person has a reasonable excuse.

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

2. (4)

   For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the relevant premises are protected premises.

   Note: For absolute liability, see section 6.2 of the Criminal Code.

3. (5)

   For the purposes of an offence against paragraph (2)(c), strict liability applies to the physical element of circumstance of the offence, that the direction had been given by:

   1. (a)

      a constable; or

   2. (b)

      a protective service officer; or

   3. (c)

      a protected person residing or performing duties on the premises; or

   4. (d)

      a person acting in accordance with authority conferred on him or her by such a protected person.

   Note: For strict liability, see section 6.1 of the Criminal Code.

38

Subsection 23(1)

Omit “section 7 or section 16”, substitute “subsection 7(1) or subsection 16(1)”.

Schedule 43—Racial Discrimination Act 1975

1

After section 6A

Insert:

6BApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

After subsection 27(1)

Insert:

1. (1A)

   For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that a person is exercising or performing any of the powers or functions referred to in this Act.

   Note: For strict liability, see section 6.1 of the Criminal Code.

3

Subsection 27F(1)

Omit “, except in the performance of a duty under or in connection with this Act or in the performance or exercise of such a function or power”.

4

At the end of subsection 27F(3)

Add:

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

5

After subsection 27F(3)

Insert:

1. (3A)

   Subsection (1) does not prevent a person from making a record of, divulging, communicating or making use of information, or producing a document, if the person does so:

   1. (a)

      in the performance of a duty under or in connection with this Act; or

   2. (b)

      in the performance or exercise of a function or power conferred on the Commission or on the Commissioner under this Act.

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

Schedule 44—Service and Execution of Process Act 1992

1

After section 8

Insert:

8AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Paragraph 84(3)(b)

Omit “knowingly”, substitute “intentionally”.

3

Subsection 103(1)

Omit “or refuse”.

4

Subsection 103(1) (penalty)

Omit “12”, substitute “6”.

5

After subsection 103(1)

Insert:

1. (1A)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

Schedule 45—Sex Discrimination Act 1984

1

At the end of Part I

Add:

13AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 86(1)

Omit “, or cause or permit to be published or displayed,”.

3

Section 87

Omit “, without reasonable excuse,”.

4

At the end of section 87

Add:

1. (2)

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

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

2. (3)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

5

After subsection 92(1)

Insert:

1. (1A)

   Subsection (1) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

6

At the end of section 95

Add:

1. (2)

   For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that a person is exercising a power or performing a function under this Act.

   Note: For strict liability, see section 6.1 of the Criminal Code.

7

Subsection 112(1)

Omit “, except in the performance of a duty under or in connection with this Act or in the performance or exercise of such a function or power”.

8

At the end of subsection 112(3)

Add:

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

9

After subsection 112(3)

Insert:

1. (3AA)

   Subsection (1) does not prevent a person from making a record of, divulging, communicating or making use of information, or producing a document, if the person does so:

   1. (a)

      in the performance of a duty under or in connection with this Act; or

   2. (b)

      in the performance or exercise of a function or power conferred on the Commission or on the Commissioner under this Act.

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

Schedule 46—Statutory Declarations Act 1959

1

After section 5

Insert:

5AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Section 11

Omit “wilfully”, substitute “intentionally ”.

Schedule 47—Telecommunications (Interception) Act 1979

1

At the end of Part I

Add:

4AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Section 106

Omit “, without reasonable excuse,”.

3

At the end of section 106

Add:

1. (2)

   Subsection (1) does not apply if the person obstructing or hindering has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

4

Subsection 107(1)

Omit “, without reasonable excuse,”.

5

At the end of subsection 107(1)

Add:

Penalty: Imprisonment for 6 months.

6

Paragraph 107(2)(a)

Omit “without reasonable excuse, wilfully”, substitute “intentionally”.

7

At the end of section 107

Add:

1. (3)

   Subsection (1) and paragraph (2)(a) do not apply if the person first mentioned in subsection (1) or (2) has a reasonable excuse.

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

Schedule 48—Transfer of Prisoners Act 1983

1

Paragraph 27(b)

Omit “Act;”, substitute “Act; or”.

2

After paragraph 27(b)

Insert:

1. (c)

   an ancillary offence (within the meaning of the Criminal Code) that relates to an offence against section 47 of the Crimes Act 1914 in its application for the purposes of subsection 26(1) or (2) of this Act;

Schedule 49—War Crimes Act 1945

1

At the end of Part I

Add:

3AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 9(2)

Omit “5 and 7, and paragraph 86(1)(a), of the Crimes Act 1914”, substitute “11.1, 11.2 and 11.5 of the Criminal Code”.

3

At the end of section 9

Add:

1. (3)

   For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:

   1. (a)

      if subsection 6(1) applies—that the relevant act was, under the law in force at the relevant time in the relevant part of Australia, an offence mentioned in that subsection;

   2. (b)

      if subsection 6(3) applies—that the law in force at the relevant time in some part of Australia was such that the relevant act would, had it been done at that time in that part, have been a serious crime under subsection 6(1).

   Note: For absolute liability, see section 6.2 of the Criminal Code.

Schedule 50—Witness Protection Act 1994

1

After section 3

Insert:

3AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2

Subsection 19(5)

Omit “, without reasonable excuse,”.

3

Subsection 19(5) (penalty)

Omit “for an offence against this subsection”.

4

At the end of section 19

Add:

1. (6)

   Subsection (5) does not apply if the person has a reasonable excuse.

   Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

5

Subsection 22(1)

Omit “, without lawful authority,”.

Schedule 51—Amendments (except for Customs Act) commencing on the day mentioned in subsection 2.2(2) of the Criminal Code

Commonwealth Places (Application of Laws) Act 1970

1

Subsection 5(2)

Omit “Sections 4,”, substitute “Sections”.

2

Subsection 5(2)

Omit “, 5, 6, 7, 7A and 86”, substitute “and 6”.

3

Clause 1 of the Schedule

Omit “14, 15, 15A, 15B, 15C and 15D”, substitute “15, 15A, 15B and 15C, and”.

Crimes Act 1914

4

Sections 3BB, 4, 5, 7, 7A, 14, 15D and 86

Repeal the sections.

Transfer of Prisoners Act 1983

5

Paragraph 27(b)

Repeal the paragraph.

[Minister’s second reading speech made in—

Senate on 6 December 2000

House of Representatives on 29 March 2001]

(207/00)