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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health and
Aged Care Legislation Amendment (Application of Criminal Code) Bill
2001
No. ,
2001
(Health and Aged
Care)
A Bill for an Act relating to the
application of the Criminal Code to certain offences, and for related
purposes
Contents
Aged Care Act
1997 3
Aged or Disabled Persons Care Act
1954 3
Australia New Zealand Food Authority Act
1991 3
Australian Hearing Services Act
1991 4
Epidemiological Studies (Confidentiality) Act
1981 4
Health and Other Services (Compensation) Act
1995 4
Health Insurance Act
1973 6
Health Insurance Commission Act
1973 16
Hearing Services Administration Act
1997 17
Narcotic Drugs Act
1967 18
National Health Act
1953 19
National Health and Medical Research Council Act
1992 24
Nursing Homes Assistance Act
1974 25
Therapeutic Goods Act
1989 26
Tobacco Advertising Prohibition Act
1992 31
A Bill for an Act relating to the application of the
Criminal Code to certain offences, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Health and Aged Care Legislation
Amendment (Application of Criminal Code) Act 2001.
This Act commences on 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repealed as set out in the applicable items in the Schedule concerned, and any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) 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.
1 At the end of
section 96-9
Add:
Note: The Criminal Code creates offences which can
apply in relation to the regulation of providers of aged care. For example,
under section 137.1 of the Code it would generally be an offence to give
false or misleading information to the Secretary in purported compliance with
this Act.
Aged or Disabled Persons
Care Act 1954
2 At the end of Part I
Add:
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 Subsection 10JA(2)
Repeal the subsection.
4 Section 10JB
Omit “knowingly or recklessly”.
Australia New Zealand Food
Authority Act 1991
5 At the end of Part 1
Add:
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.
6 Section 65
Repeal the section.
Australian Hearing
Services Act 1991
7 At the end of Part 1
Add:
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.
Epidemiological Studies
(Confidentiality) Act 1981
8 After section 3
Insert:
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.
9 Section 5
Omit “it is established that”.
10 At the end of
section 5
Add:
Note: The defendant bears an evidential burden in relation
to establishing that the access was given in accordance with the authorization.
See subsection 13.3(3) of the Criminal Code.
Health and Other Services
(Compensation) Act 1995
11 At the end of
Part 1
Add:
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.
12 Subsection 26(1)
Omit “, without reasonable excuse,”.
13 After subsection 26(1)
Insert:
(1A) 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 (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
14 Subsection 26(2)
Repeal the subsection.
15 Subsection 26(3)
Omit “subsection (1)”, substitute
“subsection (1A)”.
16 Subsection 26(5)
Omit “subsection (1) or (2) of this section”, substitute
“subsection (1) of this section, or an offence against
section 137.1 of the Criminal Code that relates to whichever of the
sections mentioned in paragraph (a) of this subsection is
relevant”.
17 Subsection 44(1)
Omit “, without reasonable excuse,”.
18 Subsection 44(1)
Omit “to the extent that the person is capable of complying with
it”.
19 Subsection 44(2)
Repeal the subsection, substitute:
(1A) However, the person is only required to comply with the notice to the
extent that the person is capable of doing so.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(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.
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
20 Subsection 44(4)
Omit “subsection (1) or (2) of this section”, substitute
“subsection (1) of this section, or an offence against
section 137.1 or 137.2 of the Criminal Code that relates to a notice
under section 42 of this Act”.
21 At the end of Part I
Add:
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.
22 Subsection 19CB(4)
Omit “, without reasonable excuse,”.
23 At the end of
section 19CB
Add:
(5) Subsection (4) does not apply if the practitioner has a
reasonable excuse.
Note: The 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 under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
24 At the end of
section 19CC
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
25 Subsection 19D(2)
Omit “, without reasonable excuse”.
26 After subsection 19D(2)
Insert:
(2A) Subsection (2) does not apply if the practitioner has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
(2B) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
27 Subsection 19D(7)
Omit “, without reasonable excuse,”.
28 After subsection 19D(7)
Insert:
(7A) Subsection (7) does not apply if the practitioner has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7A). See subsection 13.3(3) of the Criminal
Code.
(7B) An offence under subsection (7) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
29 Subsection 20BA(2)
Omit “, without reasonable excuse,”.
30 After subsection 20BA(2)
Insert:
(2A) Subsection (2) does not apply if the physician or specialist has
a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
31 Subsection 20BA(4)
Omit “, without reasonable excuse,”.
32 After subsection 20BA(4)
Insert:
(4A) Subsection (4) does not apply if the physician or specialist has
a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4A). See subsection 13.3(3) of the Criminal
Code.
33 After subsection 20BA(6)
Insert:
(6A) An offence under subsection (2) or (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
34 Subsection 23DKA(6)
Omit “, without reasonable excuse,”.
35 After subsection
23DKA(6)
Insert:
(6A) Subsection (6) does not apply if the authority has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6A). See subsection 13.3(3) of the Criminal
Code.
(6B) An offence under subsection (6) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
36 At the end of subsection
23DNK(2)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
37 Subsection 23DNK(3)
Repeal the subsection, substitute:
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
38 Subsections 23DP(1), (1A), (2) and
(3)
Omit “, without reasonable excuse,”.
39 After subsection 23DP(3)
Insert:
(3A) This section does not apply if the practitioner or authority has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3A). See subsection 13.3(3) of the Criminal
Code.
(3B) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
40 Subsection 23DQ(2)
Omit “, without reasonable excuse,”.
41 After subsection 23DQ(2)
Insert:
(2A) Subsection (2) does not apply if the practitioner has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2A). See subsection 13.3(3) of the Criminal
Code.
42 Subsection 23DQ(3)
Omit “, without reasonable excuse,”.
43 After subsection 23DQ(3)
Insert:
(3A) Subsection (3) does not apply if the first-mentioned medical
practitioner has a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3A). See subsection 13.3(3) of the Criminal
Code.
(3B) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
44 Subsection 23DR(4)
Omit “, without reasonable excuse,”.
45 At the end of
section 23DR
Add:
(5) Subsection (4) does not apply if the practitioner has a
reasonable excuse.
Note: The 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 under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
46 Subsection 23DS(6)
Omit “, without reasonable excuse,”.
47 After subsection 23DS(6)
Insert:
(6A) Subsection (6) does not apply if the practitioner has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6A). See subsection 13.3(3) of the Criminal
Code.
(6B) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
48 Section 106D
Omit “, without reasonable excuse”.
49 At the end of
section 106D
Add:
(2) 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 (2). See subsection 13.3(3) of the Criminal
Code.
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
50 Subsection 106E(1)
Omit “, without reasonable excuse”.
51 After subsection 106E(1)
Insert:
(1A) 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 (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
52 Subsection 106E(2)
Repeal the subsection, substitute:
(2) A person must not:
(a) give an answer to a question knowing the answer to be false or
misleading in a material particular; or
(b) produce a document knowing the document to contain a statement that is
false or misleading in a material particular, without identifying the respects
in which he or she knows it to be false or misleading.
Penalty: 20 penalty units.
53 Subsection 106E(6)
Omit “it is proved that”.
54 At the end of subsection
106E(6)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (6). See subsection 13.3(3) of the Criminal
Code.
55 Subsection 124B(1) (subparagraphs (c)(i)
and (ii) of the definition of relevant offence)
Repeal the subparagraphs, substitute:
(i) section 6 of the Crimes Act 1914; or
(ii) section 11.1, 11.4 or 11.5 of the Criminal
Code;
56 Subsection 124B(1) (at the end of the
definition of relevant offence)
Add:
; or (f) an offence against section 136.1, 137.1 or 137.2 of the
Criminal Code that is committed after the commencement of this paragraph
and that relates to:
(i) an application under section 5 or 5B; or
(ii) a statement or report under section 130A; or
(iii) a notification under section 130B.
57 Section 124L
Omit “, without reasonable excuse”.
58 At the end of
section 124L
Add:
(2) 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 (2). See subsection 13.3(3) of the Criminal
Code.
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
59 Subsection 124M(1)
Omit “, without reasonable excuse”.
60 After subsection 124M(1)
Insert:
(1A) 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 (1A). See subsection 13.3(3) of the Criminal
Code.
61 Subsection 124M(2)
Omit “subsection (1)”, substitute
“subsection (1A)”.
62 At the end of
section 124M
Add:
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
63 Subsection 127(2)
Omit “, without reasonable excuse,”.
64 At the end of
section 127
Add:
(3) Subsection (2) 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.
(4) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
65 At the end of
section 128
Add:
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
66 After subsection 128A(2)
Insert:
(2A) 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.
67 Subsection 129(2A)
Repeal the subsection.
68 Subsection 129(3)
Omit “the person proves that”.
69 At the end of subsection
129(3)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
70 Subsection 129AA(5)
Omit “the person proves that”.
71 At the end of subsection
129AA(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.
72 Paragraphs 129AAB(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
73 After subsection 130(3F)
Insert:
(3G) An offence under subsection (3F) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
74 Subparagraph
130(6)(a)(i)
Omit “129,”.
75 Subparagraph
130(6)(a)(ii)
Repeal the subparagraph, substitute:
(ii) an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code, that relates to an
offence referred to in subparagraph (i); or
76 Subsection 130(16)
Repeal the subsection.
77 After subsection 130(17)
Insert:
(17A) An offence under subsection (17) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
78 Subsection 130(18)
Omit “it is established that”.
79 At the end of subsection
130(18)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (18). See subsection 13.3(3) of the Criminal
Code.
80 After subsection 130(19)
Insert:
(19A) An offence under subsection (19) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
81 Subsection 130(20)
Omit “it is established that”.
82 At the end of subsection
130(20)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (20). See subsection 13.3(3) of the Criminal
Code.
83 Subsection 130F(2)
Omit “without lawful excuse,”.
Health Insurance
Commission Act 1973
84 Paragraph 3A(1)(c)
Omit all the words before “that relates to”, substitute
“an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code,”.
85 Paragraph 3A(2A)(d)
Omit all the words before “that relates to”, substitute
“an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code,”.
86 At the end of Part I
Add:
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.
87 Subsection 8N(4)
Omit “, without reasonable excuse,”.
88 At the end of
section 8N
Add:
(5) Subsection (4) does not apply if the person has a reasonable
excuse.
(6) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
89 Subsection 8R(1)
Omit “, without reasonable excuse,”.
90 Subsection 8R(1)
Omit “to the extent that the person is capable of complying with
it”.
91 Subsection 8R(2)
Repeal the subsection, substitute:
(1A) However, the person is only required to comply with the notice to the
extent that the person is capable of doing so.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(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.
(2) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
92 Subsection 8R(3)
Omit “subsection (1)”, substitute
“subsection (1B)”.
93 At the end of subsection
8S(2)
Add “or an offence against section 137.2 of the Criminal
Code that relates to a notice under section 8P of this
Act”.
94 Paragraph 41C(2)(c)
Omit “so as to imply”, substitute “with the result of
implying”.
Hearing Services
Administration Act 1997
95 After section 6
Insert:
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.
96 Paragraph 19(6)(a)
Repeal the paragraph, substitute:
(a) an offence against section 136.1, 137.1 or 137.2 of the
Criminal Code in respect of a statement that is made to a person who is
exercising powers or performing functions under, or in connection with,
subsection 21(2) of this Act;
97 Section 22
Repeal the section.
98 Section 47
Omit “(other than section 22)”.
99 At the end of Part I
Add:
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.
100 At the end of
section 23
Add:
(3) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
101 Subsection 24(3)
Repeal the subsection, substitute:
(3) A person is guilty of an offence if:
(a) an authorized inspector is acting under subsection (1) or (2);
and
(b) the person obstructs or hinders the authorized inspector.
Penalty: $1,000.
(3A) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3A). See subsection 13.3(3) of the Criminal
Code.
(3B) The occupier or person in charge of any premises is guilty of an
offence if:
(a) an authorized inspector enters the premises under subsection (1)
or (2); and
(b) the occupier or person in charge does not provide the authorized
inspector with all reasonable facilities and assistance for the effective
exercise of the inspector’s powers under that subsection.
Penalty: $1,000.
(3C) Subsection (3B) does not apply if the occupier or person in
charge has a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3C). See subsection 13.3(3) of the Criminal
Code.
(3D) In subsections (3) and (3B), strict liability applies to the
physical element of circumstance, that the authorized inspector is acting under
subsection (1) or (2).
Note: For strict liability, see section 6.1 of the
Criminal Code.
102 At the end of
Part 1
Add:
Chapter 2 (other than Part 2.5) 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.
103 Subsection 61B(3)
Repeal the subsection.
104 Subsection 61E(1)
Omit “, without reasonable excuse,”.
105 Subsection 61E(2)
Repeal the subsection, substitute:
(2) 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 (2). See subsection 13.3(3) of the Criminal
Code.
106 Subsection 62(3)
Omit “the person proves that”.
107 At the end of subsection
62(3)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
108 At the end of
section 74
Add:
(11) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
109 Section 74BA
Omit “for the purpose of”, substitute “if doing so has
the result of”.
110 After subsection 75(5)
Insert:
(5A) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
111 Subsection 82(1)
Repeal the subsection.
112 After subsection 82K(5)
Insert:
(5A) An offence under subsection (5) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
113 After subsection 82L(2)
Insert:
(2A) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
114 Subsection 82U(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if the person refuses or fails to
comply with a requirement of an inspector under section 82S that is
applicable to the person.
Penalty: $1,000 or imprisonment for 6 months, or both.
(1A) However, the person is only required to comply with the requirement
to the extent that the person is capable of doing so.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (1A). See subsection 13.3(3) of the Criminal
Code.
(1B) In subsection (1), strict liability applies to the physical
element of circumstance, that the requirement is under
section 82S.
Note: For strict liability, see section 6.1 of the
Criminal Code.
115 Subsection 82V(5)
Omit “, without reasonable excuse,”.
116 After subsection 82V(5)
Insert:
(5A) 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 (5A). See subsection 13.3(3) of the Criminal
Code.
117 Subsection 82WC(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct results in the concealment, destruction, mutilation or
alteration of records relating to the affairs of a registered organization the
affairs of which are being investigated under this Act.
Penalty: $1,000
or imprisonment for 6 months, or both.
118 Subsection 82WC(2)
Omit “for the person charged to prove that”, substitute
“if”.
119 At the end of subsection
82WC(2)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
120 Subsection 82XR(4)
Omit “, without reasonable excuse,”.
121 After subsection
82XR(4)
Insert:
(4A) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4A). See subsection 13.3(3) of the Criminal
Code.
122 Subsections 84L(1) and
(2)
Omit “knowingly”.
123 Subsections 84L(3) and
(4)
Omit “, without reasonable excuse,”.
124 At the end of
section 84L
Add:
(5) Subsections (3) and (4) do not apply if the person has a
reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5). See subsection 13.3(3) of the Criminal
Code.
125 Paragraphs 103(5)(a) and
(aa)
Repeal the paragraphs.
126 Subsection 128(1)
Omit “, without reasonable excuse,”.
127 After subsection 128(1)
Insert:
(1A) 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 (1A). See subsection 13.3(3) of the Criminal
Code.
128 Subsection 128(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply if the book, document or writing
was not relevant to the matter that is the subject of the Committee’s
proceedings.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
129 At the end of
section 128
Add:
(3) An offence under subsection (1) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
130 Section 134C
Omit “the person charged shows that”.
131 At the end of
section 134C
Add:
Note: The defendant bears an evidential burden in relation
to the matter in this section. See subsection 13.3(3) of the Criminal
Code.
132 Subparagraph
135A(6)(a)(ii)
Repeal the subparagraph, substitute:
(ii) an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code, that relates to an
offence against this Act; or
133 Subsection 135A(15)
Repeal the subsection.
134 After subsection
135A(16)
Insert:
(16A) An offence under subsection (16) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
135 Subsection 135A(17)
Omit “it is established that”.
136 At the end of subsection
135A(17)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (17). See subsection 13.3(3) of the Criminal
Code.
137 After subsection
135A(18)
Insert:
(18A) An offence under subsection (18) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
138 Subsection 135A(19)
Omit “it is established that”.
139 At the end of subsection
135A(19)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (19). See subsection 13.3(3) of the Criminal
Code.
National Health and
Medical Research Council Act 1992
140 At the end of
Part 1
Add:
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.
Nursing Homes Assistance
Act 1974
141 After section 3
Insert:
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.
142 At the end of
section 8
Add:
(7) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
143 At the end of
section 9
Add:
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
144 At the end of subsection
30(1)
Add:
Penalty: $40.
145 At the end of subsection
30(1A)
Add:
Penalty: $40.
146 At the end of
section 30
Add:
(3) An offence under this section is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
147 Subsection 30A(3)
Omit “proves that he or she”.
148 At the end of subsection
30A(3)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
149 Paragraph 3(7)(b)
Repeal the paragraph, substitute:
(b) an offence against section 6 of the Crimes Act 1914, or
section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an
offence against this Act or the regulations; and
(c) an offence against section 136.1, 137.1 or 137.2 of the
Criminal Code in relation to this Act or the regulations.
150 After section 5
Insert:
Chapter 2 (other than Part 2.5) 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.
151 Subsection 6AA(3)
Repeal the subsection, substitute:
(3) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes a condition of an approval.
Penalty: 200 penalty units.
(3A) In subsection (3):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
152 Subsection 8(2)
Omit “, without reasonable excuse,”.
153 Subsection 8(3)
Repeal the subsection, substitute:
(3) Subsection (2) 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.
(4) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
154 Subsection 15(2)
Repeal the subsection, substitute:
(2) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct breaches a condition of such a consent.
Penalty: 120 penalty units.
(2A) In subsection (2):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
155 Paragraph 20(1)(a)
Omit “intentionally”.
156 Subsection 20(2)
Omit “intentionally or recklessly”.
157 After subsection 20(1A)
Insert:
Note: The defendant bears a legal burden in relation to the
matter in subsection (1A). See section 13.4 of the Criminal
Code.
158 Section 21
Omit “intentionally or recklessly”.
159 Subsection 22(1)
Omit “intentionally or recklessly”.
160 Subsection 22(2)
Repeal the subsection.
161 Subsection 22(2A)
Omit “intentionally or recklessly”.
162 Subsection 22(3)
Repeal the subsection, substitute:
(3) A person is guilty of an offence if:
(a) therapeutic goods are registered or listed in relation to the person;
and
(b) the person engages in conduct; and
(c) the conduct breaches a condition of the registration or listing of the
goods.
Penalty: 60 penalty units.
(3A) In subsection (3):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
163 Subsections 22(4), (5) and
(6)
Omit “intentionally or recklessly”.
164 Paragraph 22(7)(a)
Omit “intentionally”
165 Paragraph 22(7)(b)
Omit all the words before subparagraph (i), substitute “the act
or omission results in the breach of:”.
166 Subsection 22(8)
Omit “intentionally or recklessly”.
167 Section 22A
Omit “intentionally or recklessly”.
168 Subsection 29B(4)
Omit “intentionally or recklessly”.
169 Subsection 30(7)
Omit “intentionally or recklessly”.
170 Subsection 30A(4)
Omit “intentionally or recklessly”.
171 Subsection 31(4)
Omit “, without reasonable excuse,”.
172 After subsection 31(4)
Insert:
(4A) Subsection (4) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4A). See subsection 13.3(3) of the Criminal
Code.
173 Subsection 31(5)
Repeal the subsection, substitute:
(5) An offence under subsection (4) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
174 Subsection 31(6)
Omit “intentionally or recklessly”.
175 Subsection 35(1)
Omit “intentionally or recklessly”.
176 Subsections 35(2) and
(3)
Repeal the subsections, substitute:
(2) A person is guilty of an offence if:
(a) the person holds a licence; and
(b) the person engages in conduct; and
(c) the conduct breaches a condition of the licence.
Penalty: 120 penalty units.
(3) In subsection (2):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
177 Subsection 48(3)
Omit “, without reasonable excuse,”.
178 After subsection 48(3)
Insert:
(3A) Subsection (3) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3A). See subsection 13.3(3) of the Criminal
Code.
179 At the end of
section 52
Add:
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
180 Subsection 54AA(1)
Repeal the subsection, substitute:
(1) If:
(a) a person holds a licence or a permission to import or export
therapeutic goods; and
(b) the person engages in conduct; and
(c) the conduct breaches a condition or a requirement to which the licence
or permission is subject under the regulations;
the person is guilty of an offence punishable on conviction by a fine of no
more than the number of penalty units specified in whichever of n or (3)
applies.
(1A) In subsection (1):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
Tobacco Advertising
Prohibition Act 1992
181 After section 5
Insert:
Chapter 2 (other than Part 2.5) 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.
182 Subsection 13(1)
Omit “, knowingly or recklessly,”.
183 Subsection 15(1)
Omit “, knowingly or recklessly”.
184 Subsections 15(2) and
(3)
Omit “, knowingly or recklessly,”.
185 Subsection 31(3)
Omit “proves that the partner or controlling
officer”.
186 At the end of subsection
31(3)
Add:
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.