Veterans' Affairs Legislation Amendment (Application of Criminal Code) Act 2001 (Cth)

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Veterans’ Affairs Legislation Amendment (Application of Criminal Code) Act 2001

No. 16, 2001

Veterans’ Affairs Legislation Amendment (Application of Criminal Code) Act 2001

No. 16, 2001

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

Contents

Veterans’ Affairs Legislation Amendment (Application of Criminal Code) Act 2001

No. 16, 2001

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

[Assented to 30 March 2001]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Veterans’ Affairs Legislation Amendment (Application of Criminal Code) Act 2001.

2Commencement

This Act commences on the latest of the following days:

  1. (a)

    the 28th day after the day on which this Act receives the Royal Assent;

  2. (b)

    the 28th day after the day on which the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 receives the Royal Assent;

  3. (c)

    the day on which item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 commences.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

    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.

Schedule 1—Amendment of Acts

Defence Service Homes Act 1918

1

At the end of Part I

Add:

4EApplication 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 section 50A

Add:

  1. (3)

    An offence under this section is an offence of strict liability.

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

Veterans’ Entitlements Act 1986

3

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.

4

Subsection 32(6)

Omit “without reasonable excuse, and”.

5

After subsection 32(6)

Insert:

  1. (6A)

    An offence under subsection (6) is an offence of strict liability.

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

6

Subsections 32(7), (10) and (11)

Omit “, without reasonable excuse,”.

7

After subsection 32(11)

Insert:

  1. (11A)

    A person does not commit an offence under this section if the person has a reasonable excuse.

    Note: The defendant bears an evidential burden in relation to the matter in subsection (11A). See subsection 13.3(3) of the Criminal Code.

8

Subsection 54(6)

Repeal the subsection, substitute:

  1. (6)

    A person must not fail to comply with a notice under subsection (1).

    Penalty: $1,000 or imprisonment for 6 months, or both.

  2. (7)

    An offence under subsection (6) is an offence of strict liability.

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

  3. (8)

    A person does not commit an offence under subsection (6) to the extent that the person is not capable of complying with the notice.

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

9

Subsection 54A(6)

Repeal the subsection, substitute:

  1. (6)

    A person must not fail to comply with a notice under subsection (1).

    Penalty: $1,000 or imprisonment for 6 months, or both.

  2. (7)

    An offence under subsection (6) is an offence of strict liability.

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

  3. (8)

    A person does not commit an offence under subsection (6) to the extent that the person is not capable of complying with the notice.

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

10

Subsection 54AA(7)

Repeal the subsection, substitute:

  1. (7)

    A person must not fail to comply with a notice under subsection (1) or (3).

    Penalty: Imprisonment for 6 months.

  2. (8)

    An offence under subsection (7) is an offence of strict liability.

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

  3. (9)

    A person does not commit an offence under subsection (7) to the extent that the person is not capable of complying with the notice.

    Note: The defendant bears an evidential burden in relation to the matter in subsection (9). See subsection 13.3(3) of the Criminal Code.

11

Subsection 59ZD(1)

Repeal the subsection, substitute:

  1. (1)

    If a compensation payer has been given a preliminary notice under section 59Y or a recovery notice under section 59ZA in relation to the payment of compensation to a person, the compensation payer must not make the compensation payment to the person.

    Penalty: Imprisonment for 12 months.

  2. (1A)

    Subsection (1) does not apply if:

    1. (a)

      in the case of a preliminary notice—the Commission has given the compensation payer written notice that the preliminary notice is revoked; or

    2. (b)

      in the case of a recovery notice—the compensation payer has paid to the Commonwealth the amount specified in the notice; or

    3. (c)

      the Commission has given the compensation payer written permission to pay the compensation.

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

12

Subsection 59ZJ(1)

Repeal the subsection, substitute:

  1. (1)

    If an insurer has been given a preliminary notice under section 59ZE or a recovery notice under section 59ZG in relation to the insurer’s liability to make a payment indemnifying a compensation payer, the insurer must not make the payment to the compensation payer.

    Penalty: Imprisonment for 12 months.

  2. (1A)

    Subsection (1) does not apply if:

    1. (a)

      in the case of a preliminary notice—the Commission has given the insurer written notice that the preliminary notice is revoked; or

    2. (b)

      in the case of a recovery notice—the insurer has paid to the Commonwealth the amount specified in the notice; or

    3. (c)

      the Commission has given the insurer written permission to make the payment to the compensation payer.

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

13

After subsection 93B(4)

Insert:

  1. (4A)

    An offence under subsection (1) or (2) is an offence of strict liability.

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

14

At the end of subsection 93B(5)

Add:

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

15

Paragraph 93D(2)(c)

Omit “without reasonable excuse,”.

16

Subsections 93D(4) and (5)

Omit “without reasonable excuse,”.

17

Subsection 93D(7)

Omit “wilfully”, substitute “intentionally”.

18

After subsection 93D(9)

Insert:

  1. (9A)

    Paragraph (2)(c), and subsections (4) and (5), do not apply if the person concerned has a reasonable excuse.

    Note: The defendant bears an evidential burden in relation to the matter in subsection (9A). See subsection 13.3(3) of the Criminal Code.

19

Subsection 93E(1)

Omit “for the purpose”, substitute “to achieve the result”.

20

Subsection 93E(7)

Omit “wilfully”, substitute “intentionally”.

21

Subsection 93F(2)

Repeal the subsection, substitute:

  1. (2)

    A reference in subsection (1) to an offence against a provision of this Act includes a reference to an offence against:

    1. (a)

      section 6 of the Crimes Act 1914; or

    2. (b)

      section 11.1, 11.4 or 11.5 of the Criminal Code;

that relates to an offence against a provision of this Act.

22

Paragraph 93G(2)(b)

Repeal the paragraph, substitute:

  1. (b)

    an offence against:

    1. (i)

      section 6 of the Crimes Act 1914; or

    2. (ii)

      section 11.1, 11.4 or 11.5 of the Criminal Code;

that relates to an offence referred to in paragraph (a) of this subsection.

23

Subsection 118ZI(5)

Repeal the subsection, substitute:

  1. (5)

    A person must not fail to comply with a notice under subsection (1).

    Penalty: Imprisonment for 6 months.

  2. (5A)

    An offence under subsection (5) is an offence of strict liability.

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

  3. (5B)

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

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

  4. (5C)

    Subsection (5) does not apply to the extent that the person is not capable of complying with the notice.

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

24

Subsection 118ZJ(5)

Repeal the subsection, substitute:

  1. (5)

    A person must not fail to comply with a notice under subsection (1).

    Penalty: Imprisonment for 6 months.

  2. (5A)

    An offence under subsection (5) is an offence of strict liability.

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

  3. (5B)

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

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

  4. (5C)

    Subsection (5) does not apply to the extent that the person is not capable of complying with the notice.

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

25

Subsection 127(4)

Repeal the subsection, substitute:

  1. (4)

    A person who has been given a notice under subsection (1) must not fail to comply with the notice.

    Penalty: $1,000 or imprisonment for 6 months, or both.

  2. (5)

    An offence under subsection (4) is an offence of strict liability.

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

  3. (6)

    Subsection (4) does not apply to the extent that the person is not capable of complying with the notice.

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

26

Subsection 128(4)

Repeal the subsection, substitute:

  1. (4)

    A person must not fail to comply with a notice under subsection (1).

    Penalty: $1,000 or imprisonment for 6 months, or both.

  2. (4A)

    An offence under subsection (4) is an offence of strict liability.

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

  3. (4B)

    Subsection (4) does not apply to the extent that the person is not capable of complying with the notice.

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

27

Subsection 128(5)

Omit “knowingly”, substitute “intentionally”.

28

Section 168

Omit “, without reasonable excuse”.

29

At the end of section 168

Add:

  1. (2)

    An offence under subsection (1) is an offence of strict liability.

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

  2. (3)

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

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

30

Subsection 169(1)

Omit “, without reasonable excuse”.

31

Paragraphs 169(1)(a), (b) and (c)

Omit “refuse or”.

32

After subsection 169(1)

Insert:

  1. (1A)

    An offence under 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: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.

33

Subsection 169(2)

Omit “knowingly”, substitute “intentionally”.

34

Subsection 205A(3)

Omit “to the extent that the person is capable of doing so”.

35

After subsection 205A(3)

Insert:

  1. (3A)

    Subsection (3) does not apply to the extent that the person is not capable of complying with the notice.

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

36

Paragraph 208(1)(a)

Omit “knowingly”, substitute “intentionally”.

37

Subparagraph 208(1)(a)(ii)

Omit “to deceive”, substitute “with the intention of deceiving”.

38

Subparagraph 208(1)(a)(iii)

Omit “to affect”, substitute “with the intention of affecting”.

39

Paragraphs 208(1)(b), (c), (d) and (e)

Omit “knowingly”, substitute “intentionally”.

40

After subsection 208(4)

Insert:

  1. (4A)

    An offence under subsection (3) or (4) is an offence of strict liability.

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

[Minister’s second reading speech made in—

House of Representatives on 30 November 2000

Senate on 5 March 2001]

(192/00)

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