Commonwealth Consolidated Acts

CRIMES LEGISLATION AMENDMENT (TELECOMMUNICATIONS OFFENCES AND OTHER MEASURES) ACT (NO. 2) 2004 - SCHEDULE 4

Part 1 — Alternative verdicts

Criminal Code Act 1995

1  At the end of section 11.2 of the Criminal Code

Add:

             (7)  If the trier of fact is satisfied beyond reasonable doubt that a person either:

                     (a)  is guilty of a particular offence otherwise than because of the operation of subsection (1); or

                     (b)  is guilty of that offence because of the operation of subsection (1);

but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence.

2  Application of amendment

The amendment made by item 1 applies to prosecutions brought after the commencement of that item.

Part 2 — Obtaining financial advantage

Criminal Code Act 1995

3  Paragraph 135.2(1)(a) of the Criminal Code

Repeal the paragraph, substitute:

                     (a)  the person engages in conduct; and

                    (aa)  as a result of that conduct, the person obtains a financial advantage for himself or herself from another person; and

                    (ab)  the person knows or believes that he or she is not eligible to receive that financial advantage; and

4  Paragraph 135.2(2)(a) of the Criminal Code

Repeal the paragraph, substitute:

                     (a)  the person engages in conduct; and

                    (aa)  as a result of that conduct, the person obtains a financial advantage for another person from a third person; and

                    (ab)  the person knows or believes that the other person is not eligible to receive that financial advantage; and

Part 3 — Knowledge of law

Criminal Code Act 1995

5  Subsection 9.3(2) of the Criminal Code

Repeal the subsection, substitute:

             (2)  Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the Act is expressly to the contrary effect.

6  Paragraph 9.4(2)(a) of the Criminal Code

Omit “or impliedly”.

7  Paragraph 9.4(2)(b) of the Criminal Code

Repeal the paragraph.

8  Transitional—pre‑commencement offences

(1)        Despite the amendment or repeal of a provision by this Part, that provision continues to apply, after the commencement of this item, in relation to:

                     (a)  an offence committed before the commencement of this item; or

                     (b)  proceedings for an offence alleged to have been committed before the commencement of this item; or

                     (c)  any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2)        Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .