Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004A00816 In force Act

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Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001

 

No. 49, 2001

 

 

 

 

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

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

4 Application of amendments........................

Schedule 1—Application of the Criminal Code

Inspector‑General of Intelligence and Security Act 1986

Ombudsman Act 1976

Parliamentary Commission of Inquiry (Repeal) Act 1986

Resource Assessment Commission Act 1989

Royal Commissions Act 1902

Schedule 2—Other amendments

Ombudsman Act 1976

Royal Commissions Act 1902

 

Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001

No. 49, 2001

 

 

 

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

[Assented to 21 June 2001]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001.

2  Commencement

  This Act commences at the later of the following times:

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

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

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

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Application of amendments

 (1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

 (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—Application of the Criminal Code

 

Inspector‑General of Intelligence and Security Act 1986

1  At the end of Part I

Add:

5A  Application 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 18(6)(d)

Repeal the paragraph, substitute:

 (d) an offence against:

 (i) section 6 of the Crimes Act 1914; or

 (ii) section 11.1, 11.4 or 11.5 of the Criminal Code;

  being an offence that relates to an offence against this section.

3  Subsection 18(7)

Omit “, without reasonable excuse”.

4  Paragraphs 18(7)(a) and (b)

Omit “refuses or”.

5  After subsection 18(7)

Insert:

 (7A) Subsection (7) is an offence of strict liability.

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

 (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).

Ombudsman Act 1976

6  At the end of Part I

Add:

3D  Application 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.

7  Subsection 36(1)

Omit “, without reasonable excuse”.

8  Before subsection 36(3)

Insert:

 (2A) 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 (2A) (see subsection 13.3(3) of the Criminal Code).

Parliamentary Commission of Inquiry (Repeal) Act 1986

9  After section 4

Insert:

4A  Application 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.

Resource Assessment Commission Act 1989

10  At the end of Part 1

Add:

4A  Application 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.

11  Subsection 53(1)

Omit “, without reasonable excuse”.

12  Paragraphs 53(1)(a) and (b)

Omit “refuses or”.

13  After subsection 53(1)

Insert:

 (1A) Subsection (1) is an offence of strict liability.

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

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

14  Subsection 53(2)

Omit “without reasonable excuse, refuses or”.

15  After subsection 53(2)

Insert:

 (2A) Subsection (2) is an offence of strict liability.

 (2B) 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 subsections (1B) and (2B) (see subsection 13.3(3) of the Criminal Code).

16  Subsection 53(3)

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

17  Subsection 53(3)

Omit “refuse or”.

Royal Commissions Act 1902

18  After section 1B

Insert:

1C  Application 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.

19  Subsection 3(1)

Omit “, without reasonable excuse”.

20  After subsection 3(1)

Insert:

 (1A) Subsection (1) is an offence of strict liability.

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

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

21  Subsection 3(2)

Omit “, without reasonable excuse, refuse or”.

22  After subsection 3(2)

Insert:

 (2A) Subsection (2) is an offence of strict liability.

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

23  Subsection 3(3)

Omit “refusal or”.

24  Subsection 3(3)

Omit “it is proved that”.

25  At the end of subsection 3(3)

Add:

Note: A defendant bears an evidential burden in relation to the matters in subsections (1B), (2B) and (3) (see subsection 13.3(3) of the Criminal Code).

26  At the end of section 6

Add:

 (3) Subsection (1) is an offence of strict liability.

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

27  Subsection 6A(1)

Omit “subsection 3(2)”, substitute “subsection 3(2B)”.

28  Subsection 6H(1)

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

29  Paragraph 6I(c)

Omit “or attempts”.

30  Section 6J

Omit “knowingly makes or exhibits any false statement, representation, token, or writing,”, substitute “intentionally makes or exhibits any statement, representation, token, or writing, knowing it to be false,”.

31  Subsection 6K(1)

Repeal the subsection, substitute:

 (1) A person commits an offence if:

 (a) the person acts or omits to act; and

 (b) the act or omission results in a document or other thing being:

 (i) concealed, mutilated or destroyed; or

 (ii) rendered incapable of identification; or

 (iii) in the case of a document, rendered illegible or indecipherable; and

 (c) the person knows or has reasonable grounds to believe that the document or thing is or may be required in evidence before a Commission.

32  Section 6L

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

33  Section 6M

Omit “, inflicts, or procures,”, substitute “or inflicts,”.

34  Subsection 6N(2)

Repeal the subsection, substitute:

 (2) Subsection (1) does not apply if the employee was dismissed or prejudiced in his or her employment for some reason other than the reasons mentioned in subsection (1).

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

35  Subsection 6O(1)

Omit “wilfully”, substitute “intentionally”.

36  Subsection 6O(1)

Omit “wilful”, substitute “intentional”.


Schedule 2—Other amendments

 

Ombudsman Act 1976

1  Section 3AB

Renumber as section 3A.

2  Section 3AA

Renumber as section 3B.

3  Section 3A

Renumber as section 3C.

Royal Commissions Act 1902

4  Subsection 3(2)

Omit “he” (first occurring), substitute “the person”.

5  Subsection 3(2)

Omit “him”, substitute “him or her”.

6  Subsection 3(2)

Omit “he” (second occurring), substitute “the person”.

7  Subsection 4(3)

Omit “he” (first occurring), substitute “he or she”.

8  Subsection 4(3)

Omit “he” (second occurring), substitute “the member or person”.

9  Subsection 4(5)

Omit “he” (wherever occurring), substitute “he or she”.

10  Subsection 4(5)

Omit “him”, substitute “the person”.

11  Subsection 5(2)

Omit “he”, substitute “the Judge”.

12  Subsection 6(1)

Omit “him”, substitute “him or her”.

13  Subsection 6(1)

Omit “he”, substitute “, the person”.

14  Subsection 6A(1)

Omit “he”, substitute “the person”.

15  Subsection 6A(1)

Omit “him”, substitute “him or her”.

16  Subsection 6A(2)

Omit “he”, substitute “the person”.

17  Subsection 6A(2)

Omit “him”, substitute “him or her”.

18  Subsection 6B(1)

Omit “his”, substitute “the person’s”.

19  Subsection 6B(2)

Omit “his” (first occurring), substitute “the witness”.

20  Subsection 6B(2)

Omit “his detention”, substitute “the witness’ detention”.

21  Subsection 6B(2)

Omit “he”, substitute “he or she”.

22  Subsection 6B(4)

Omit “him” (first occurring), substitute “him or her”.

23  Subsection 6B(4)

Omit “him” (second occurring), substitute “the witness”.

24  Subsection 6B(4)

Omit “his”, substitute “his or her”.

25  Section 6C

Omit “his”, substitute “the person’s”.

26  Subsection 6D(2)

Omit “his evidence”, substitute “the witness’ evidence”.

Note: The heading to section 6DD is altered by omitting “him” and substituting “the witness”.

27  Subsection 6G(1)

Omit “his”, substitute “his or her”.

28  Subsection 6G(2)

Omit “he”, substitute “he or she”.

29  Section 6M

Omit “his”, substitute “the person”.

30  Section 6M

Omit “him”, substitute “him or her”.

31  Subsection 6N(1)

Omit “his” (wherever occurring), substitute “his or her”.

32  Subsection 6O(2)

Omit “he”, substitute “he or she”.

33  Subsection 7(1)

Omit “his”, substitute “his or her”.

34  Section 7AA

Omit “his or their”, substitute “the Commissioner’s or members’”.

Note: The heading to section 7C is altered by omitting “him” and substituting “the witness”.

35  Subsection 8(1)

Omit “his” (first occurring), substitute “his or her”.

36  Subsection 8(1)

Omit “his” (second occurring), substitute “his or her”.

37  Paragraph 16(1)(a)

Omit “him or them” (wherever occurring), substitute “the person or persons”.

38  Subsection 16(3)

Omit “his”, substitute “his or her”.

 

 

[Minister’s second reading speech made in—

Senate on 8 March 2001

House of Representatives on 7 June 2001]

 

 

 

(21/01)


 

Overview

The Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001 was enacted by the Parliament of Australia to address the problem of ensuring consistency and alignment in the application of criminal law principles across various Acts. This Act sought to achieve its objective by integrating the provisions of the Criminal Code into specific legislation, thereby standardising the approach to criminal responsibility and related offences within these Acts. By amending several key legislative instruments, including the Inspector-General of Intelligence and Security Act 1986, the Ombudsman Act 1976, the Parliamentary Commission of Inquiry (Repeal) Act 1986, the Resource Assessment Commission Act 1989, and the Royal Commissions Act 1902, the Act aimed to ensure that the principles of criminal responsibility, including those related to strict liability and reasonable excuse, are uniformly applied. This legislative change sought to provide clarity and consistency in the legal framework governing these areas, thereby enhancing the effectiveness and predictability of the law in these critical domains.

Scope and Application

The Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001 applies to various specific Acts, including the Inspector-General of Intelligence and Security Act 1986, the Ombudsman Act 1976, the Parliamentary Commission of Inquiry (Repeal) Act 1986, the Resource Assessment Commission Act 1989, and the Royal Commissions Act 1902. The Act amends these Acts to incorporate the principles of the Criminal Code, particularly Chapter 2 which sets out the general principles of criminal responsibility. This means that the criminal liability for offences under these Acts will now be subject to the provisions of the Criminal Code, ensuring a consistent application of criminal law principles across these specific legislative areas. The amendments apply to acts and omissions that occur after the Act commences, which is the later of the commencement of certain parts of the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000, the start of the 28th day after the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 receives Royal Assent, or the start of the 28th day after this Act itself receives Royal Assent. The Act extends its application to the Commonwealth of Australia, impacting the legislative framework for intelligence, oversight, and inquiry processes within the federal jurisdiction.

Key Provisions

The Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001 amends several acts to incorporate the principles of criminal responsibility from the Criminal Code. Specifically, this Act applies Chapter 2 of the Criminal Code to the Inspector-General of Intelligence and Security Act 1986, the Ombudsman Act 1976, the Parliamentary Commission of Inquiry (Repeal) Act 1986, the Resource Assessment Commission Act 1989, and the Royal Commissions Act 1902. The amendments introduced by this Act apply to acts and omissions that occur after the amendment commences, as per section 4. The Act imposes certain obligations on the parties it governs. For example, it requires individuals to act in accordance with the provisions of the amended Acts and to adhere to the principles of criminal responsibility set out in the Criminal Code. Furthermore, the Act mandates that offences of strict liability be treated as such, with the onus on the defendant to prove a reasonable excuse if one exists, as per the provisions in sections 5A, 6A, 10A, 14A, and 18A. Breaches of the provisions amended by this Act may result in criminal and civil penalties. For instance, under the Inspector-General of Intelligence and Security Act 1986, offences of strict liability may attract a penalty of up to 500 penalty units, as per section 5A. Similarly, under the Ombudsman Act 1976, a person who intentionally prevents another from giving evidence may be liable for a penalty of up to 200 penalty units, as per section 3D. The Royal Commissions Act 1902 imposes strict liability on offences related to the concealment, mutilation, or destruction of documents or other things that may be required in evidence before a Commission, with penalties of up to 500 penalty units, as per section 1C. It is important to note that these penalties are subject to change and the exact penalties may vary depending on the specific offence and jurisdiction.

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Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Definitions & Interpretation
Strict Liability
Reasonable Excuse

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.