- Industry, Science and ResourcesLegislation Amendment (Application of Criminal Code) Act 2001
- Contents
- The Parliament of Australia enacts
- Schedule 1—Amendment of Acts
- Atomic Energy Act 1953
- Bounty and Capitalisation Grants (Textile Yarns) Act 1981
- Bounty (Bed Sheeting) Act 1977
- Bounty (Books) Act 1986
- Bounty (Citric Acid) Act 1991
- Bounty (Computers) Act 1984
- Bounty (Fuel Ethanol) Act 1994
- Bounty (Machine Tools and Robots) Act 1985
- Bounty (Photographic Film) Act 1989
- Bounty (Printed Fabrics) Act 1981
- Bounty (Ships) Act 1989
- Designs Act 1906
- 51 At the end of Part 1
- 7A Application of the Criminal Code
- 52 Section 36
- 53 Subsection 42B(1)
- 54 Subsection 42B(2)
- 55 At the end of section 42B
- 56 Section 42C
- 57 At the end of section 42C
- 58 Subsection 45(1)
- 59 Subsections 45A(1) and (2)
- 60 Subsection 45A(6)
- 61 Subsection 45A(7)
- 62 Subsection 45A(9)
- 63 At the end of section 45A
- Liquefied Petroleum Gas (Grants) Act 1980
- Liquid Fuel Emergency Act 1984
- Management and Investment Companies Act 1983
- National Measurement Act 1960
- Offshore Minerals Act 1994
- Patents Act 1990
- 86 At the end of Chapter 1
- 12A Application of the Criminal Code
- 87 Section 179
- 88 At the end of section 179
- 89 Section 180
- 90 At the end of section 180
- 91 Section 181
- 92 At the end of section 181
- 93 Section 191
- 94 Subsections 225(1) and (2)
- 95 Subsection 225(5)
- 96 Subsection 225(7)
- 97 Subsection 225(8)
- 98 At the end of section 225
- Petroleum Excise (Prices) Act 1987
- Petroleum Retail Marketing Sites Act 1
- Petroleum (Submerged Lands) Act 1967
- Petroleum (Timor Gap Zone of Cooperation) Act 1990
- Pooled Development Funds Act 1992
- Scout Association Act 1924
- Trade Marks Act 1995
- 147 Reader’s Guide (last paragraph under the heading“Crimes Act 1914”)
- 148 Reader’s Guide (before the heading “Trade Marks Act1955”)
- 149 After section 4
- 4A Application of the Criminal Code
- 150 Subsection 143(2)
- 151 Subsection 145(1)
- 152 Subsection 146(1)
- 153 At the end of section 147
- 154 Subsection 150(2)
- 155 Subsections 151(1), (2), (3) and (4)
- 156 Subsections 153(1) and (2)
- 157 After subsection 153(2)
- 158 Subsection 153(3) (note 2)
- 159 Subsection 154(1)
- 160 After subsection 154(1)
- 160 After subsection 154(1)
- 161 Subsection 154(2) (note 2)
- 162 Paragraph 156(3)(b)
- 163 Subsection 156(6) (note)
- 164 Subsection 157(2) (note 2)
- 165 Paragraph 160(1)(b)
- 166 At the end of subsection 160(1)
- 167 Subsections 160(2) and (3)
- 168 Subsection 160(7) (definition of director)
- Tradex Scheme Act 1999
Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
1 Short title...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................2 4 Application of amendments...............................................................2
Schedule 1—Amendment of Acts 3 Atomic Energy Act 1953 3 Bounty and Capitalisation Grants (Textile Yarns) Act 1981 5 Bounty (Bed Sheeting) Act 1977 6 Bounty (Books) Act 1986 6 Bounty (Citric Acid) Act 1991 7 Bounty (Computers) Act 1984 8 Bounty (Fuel Ethanol) Act 1994 8 Bounty (Machine Tools and Robots) Act 1985 10 Bounty (Photographic Film) Act 1989 10 Bounty (Printed Fabrics) Act 1981 11 Bounty (Ships) Act 1989 12 Designs Act 1906 13 Liquefied Petroleum Gas (Grants) Act 1980 15 Liquid Fuel Emergency Act 1984 15 Management and Investment Companies Act 1983 16 National Measurement Act 1960 17 Offshore Minerals Act 1994 17 Patents Act 1990 19 Petroleum Excise (Prices) Act 1987 21 Petroleum Retail Marketing Sites Act 1980 21 Petroleum (Submerged Lands) Act 1967 22 Petroleum (Timor Gap Zone of Cooperation) Act 1990 27 Pooled Development Funds Act 1992 28 Scout Association Act 1924 29 Trade Marks Act 1995 30 Tradex Scheme Act 1999 33
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
[Assented to 1 October 2001]
This Act may be cited as the Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001.
This Act commences on the day after the day on which it receives the Royal Assent.
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.
1 At the end of Part 1
Add:
Chapter 2 of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
2 At the end of subsection 36(1)
Add:
Penalty: 3 Subsection 36(1A)
Repeal the subsection.
4 At the end of section 36
Add:
(3) 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 (3), see subsection 13.3(3) of the Criminal Code.
(4) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
5 Subsection 37(2)
Repeal the subsection, substitute:
(2) A person must not refuse to comply with a notice served on the person under subsection (1).
Penalty: (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.
(4) A person must not fail to comply with a notice served on the person under subsection (1).
Penalty: (5) 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 (5), see subsection 13.3(3) of the Criminal Code.
(6) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
6 Subsection 41D(1)
Omit “shall not refuse or fail”, substitute “must not refuse”.
Note: The heading to section 41D is replaced by the heading “Offences relating to breach of condition etc.”.
7 Subsection 41D(2)
Repeal the subsection, substitute: Penalty:
8 After section 41D
Insert:
(1) A person is guilty of an offence if: Penalty: $1,000.
(2) Subsection (1) does not apply if the person enters, or is on, land: 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 At the end of Part 1
Add:
Chapter 2 of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the No. 140, 2001
Contents
Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001
No. 140, 2001
The Parliament of Australia enacts:
1 Short title
2 Commencement
3 Schedule(s)
4 Application of amendments
Schedule 1—Amendment of Acts
Atomic Energy Act 1953
34A Application of the Criminal Code
41E Offences relating to entry etc. on land
Bounty and Capitalisation Grants (Textile Yarns) Act 1981
3B Application of the Criminal Code