- Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
- Contents
- Schedule 1—Amendments commencing on the 28th day after Royal Assent
- Schedule 2—Australian Federal Police Act 1979
- Schedule 3—Australian Protective Service Act 1987
- Schedule 4—Australian Security Intelligence Organisation Act1979
- Schedule 5—Bankruptcy Act 1966
- Schedule 6—Classification (Publications, Films and ComputerGames) Act 1995
- Schedule 7—Commerce (Trade Descriptions) Act 1905
- Schedule 8—Complaints (Australian Federal Police) Act 1981
- Schedule 9—Copyright Act 1968
- Schedule 10—Crimes Act 1914
- Schedule 11—Crimes (Aviation) Act 1991
- Schedule 12—Crimes (Biological Weapons) Act 1976
- Schedule 13—Crimes (Currency) Act 1981
- Schedule 14—Crimes (Foreign Incursions and Recruitment)Act 1978
- Schedule 15—Crimes (Hostages) Act 1989
- Schedule 16—Crimes (Internationally Protected Persons) Act1976
- Schedule 17—Crimes (Ships and Fixed Platforms) Act 1992
- Schedule 18—Crimes (Superannuation Benefits) Act 1989
- Schedule 19—Crimes (Torture) Act 1988
- Schedule 20—Crimes (Traffic in Narcotic Drugs andPsychotropic Substances) Act 1990
- Schedule 21—Customs Act 1901
- Schedule 22—Customs Administration Act 1985
- Schedule 23—Defence Force Discipline Appeals Act 1955
- Schedule 24—Disability Discrimination Act 1992
- Schedule 25—Evidence Act 1995
- Schedule 26—Evidence and Procedure (New Zealand) Act 1994
- Schedule 27—Family Law Act 1975
- Schedule 28—Federal Court of Australia Act 1976
- Schedule 29—Financial Transaction Reports Act 1988
- Schedule 30—Geneva Conventions Act 1957
- Schedule 31—High Court of Australia Act 1979
- Schedule 32—Human Rights and Equal OpportunityCommission Act 1986
- Schedule 33—International War Crimes Tribunals Act 1995
- Schedule 34—Marriage Act 1961
- Schedule 35—Mutual Assistance in Business Regulation Act1992
- Schedule 36—Mutual Assistance in Criminal Matters Act 1987
- Schedule 37—Native Title Act 1993
- Schedule 38—Parliamentary Privileges Act 1987
- Schedule 39—Passenger Movement Charge Collection Act 1978
- Schedule 40—Privacy Act 1988
- Schedule 41—Proceeds of Crime Act 1987
- Schedule 42—Public Order (Protection of Persons andProperty) Act 1971
- Schedule 43—Racial Discrimination Act 1975
- Schedule 44—Service and Execution of Process Act 1992
- Schedule 45—Sex Discrimination Act 1984
- Schedule 46—Statutory Declarations Act 1959
- Schedule 47—Telecommunications (Interception) Act 1979
- Schedule 48—Transfer of Prisoners Act 1983
- Schedule 49—War Crimes Act 1945
- Schedule 50—Witness Protection Act 1994
- Schedule 51—Amendments (except for Customs Act)commencing on the day mentioned in subsection 2.2(2) of the Criminal Code
- The Parliament of Australia enacts
- Schedule 1—Amendments commencing onthe 28th day after Royal Assent
- Schedule 2—Australian Federal Police Act1979
- Schedule 3—Australian Protective Service Act1987
- Schedule 4—Australian Security IntelligenceOrganisation Act 1979
- Schedule 5—Bankruptcy Act 1966
- Schedule 6—Classification (Publications,Films and Computer Games) Act 1995
- 1 At the end of Part 1
- 6A Application of the Criminal Code
- 2 At the end of subsection 23(4)
- 3 At the end of subsection 24(4)
- 4 At the end of subsection 30(3
- 5 Subsection 70(4)
- 6 At the end of section 70
- Schedule 7—Commerce (Trade Descriptions)Act 1905
- 1 At the end of section 2
- 2 At the end of section 6
- 3 Subsection 9(2)
- Paragraphs 12(1)(a) and (b)
- Schedule 8—Complaints (Australian FederalPolice) Act 1981
- Schedule 9—Copyright Act 1968
- 1 At the end of Part I
- 2 After subsection 47A(3)
- 3 Subsection 47A(7)
- 4 After subsection 47A(7)
- 5 Subsection 172(1)
- 6 At the end of subsection 172(1)
- 7 Subsection 172(2)
- 8 At the end of subsection 172(2)
- 9 Subsection 172(3)
- 10 Subsection 172(3) (penalty)
- 11 At the end of section 172
- 12 After subsection 203E(6)
- 13 Subsection 203E(10)
- 14 After subsection 203E(10)
- 15 Subsection 203F(2)
- Schedule 10—Crimes Act 1914
- Schedule 11—Crimes (Aviation) Act 1991
- Schedule 12—Crimes (Biological Weapons)Act 1976
- Schedule 13—Crimes (Currency) Act 1981
- Schedule 14—Crimes (Foreign Incursions and Recruitment) Act 1978
- Schedule 15—Crimes (Hostages) Act 1989
- Schedule 16—Crimes (InternationallyProtected Persons) Act 1976
- Schedule 17—Crimes (Ships and FixedPlatforms) Act 1992
- Schedule 18—Crimes (Superannuation Benefits) Act 1989
- Schedule 19—Crimes (Torture) Act 1988
- Schedule 20—Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990
- Schedule 21—Customs Act 1901
- Schedule 22—Customs Administration Act 1985
- Schedule 23—Defence Force Discipline Appeals Act 1955
- Schedule 24—Disability Discrimination Act 1992
- Schedule 25—Evidence Act 1995
- Schedule 26—Evidence and Procedure (NewZealand) Act 1994
- Schedule 27—Family Law Act 1975
- Schedule 28—Federal Court of Australia Act1976
- Schedule 29—Financial Transaction ReportsAct 1988
- Schedule 30—Geneva Conventions Act 1957
- Schedule 31—High Court of Australia Act 1979
- Schedule 32—Human Rights and EqualOpportunity Commission Act 1986
- Schedule 33—International War Crimes Tribunals Act 1995
- Schedule 34—Marriage Act 1961
- Schedule 35—Mutual Assistance in BusinessRegulation Act 1992
- Schedule 35—Mutual Assistance in BusinessRegulation Act 1992
- Schedule 36—Mutual Assistance in CriminalMatters Act 1987
- Schedule 38—Parliamentary Privileges Act1987
- Schedule 39—Passenger Movement Charge Collection Act 1978
- Schedule 40—Privacy Act 1988
- 1 After section 3
- 3A Application of the Criminal Code
- Subsections 18C(4), 18D(4), 18K(4), 18L(2), 18N(2), 18Q(9),18R(2) and 18S(3)
- 3 Subsection 46(2)
- 4 After subsection 46(2)
- 5 Subsection 49(4) (paragraph (b) of the definition of creditreporting offence)
- 6 Subsection 49(4) (paragraph (b) of the definition of tax filenumber offence)
- 7 Subsection 65(1)
- 8 Subsection 65(2)
- 9 Subsection 66(1)
- 10 Subsection 66(1A)
- 11 Before subsection 66(2)
- 12 Subsections 66(3) and (10)
- 13 Subsection 99A(9)
- Schedule 41—Proceeds of Crime Act 1987
- Schedule 42—Public Order (Protection ofPersons and Property) Act 1971
- Schedule 42—Public Order (Protection of Persons and Property) Act 1971
- Schedule 43—Racial Discrimination Act 1975
- Schedule 44—Service and Execution ofProcess Act 1992
- Schedule 45—Sex Discrimination Act 1984
- Schedule 46—Statutory Declarations Act 1959
- Schedule 47—Telecommunications(Interception) Act 1979
- Schedule 48—Transfer of Prisoners Act 1983
- Schedule 49—War Crimes Act 1945
- Schedule 50—Witness Protection Act 1994
- Schedule 51—Amendments (except forCustoms Act) commencing on the day mentioned in subsection 2.2(2) of the Criminal Code
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
No. 24, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................3 4 Application of amendments...............................................................3
Schedule 1—Amendments commencing on the 28th day after Royal Assent 4
Crimes Act 1914 4
Criminal Code Act 1995 5 Schedule 2—Australian Federal Police Act 1979 6 Schedule 3—Australian Protective Service Act 1987 7 Schedule 4—Australian Security Intelligence Organisation Act 1979 8 Schedule 5—Bankruptcy Act 1966 9 Schedule 6—Classification (Publications, Films and Computer Games) Act 1995 15 Schedule 7—Commerce (Trade Descriptions) Act 1905 16 Schedule 8—Complaints (Australian Federal Police) Act 1981 17 Schedule 9—Copyright Act 1968 19 Schedule 10—Crimes Act 1914 21 Schedule 11—Crimes (Aviation) Act 1991 43 Schedule 12—Crimes (Biological Weapons) Act 1976 50 Schedule 13—Crimes (Currency) Act 1981 51 Schedule 14—Crimes (Foreign Incursions and Recruitment) Act 1978 55 Schedule 15—Crimes (Hostages) Act 1989 57 Schedule 16—Crimes (Internationally Protected Persons) Act 1976 58 Schedule 17—Crimes (Ships and Fixed Platforms) Act 1992 60
Schedule 18—Crimes (Superannuation Benefits) Act 1989 64 Schedule 19—Crimes (Torture) Act 1988 65 Schedule 20—Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 66 Schedule 21—Customs Act 1901 71 Schedule 22—Customs Administration Act 1985 94 Schedule 23—Defence Force Discipline Appeals Act 1955 95 Schedule 24—Disability Discrimination Act 1992 97 Schedule 25—Evidence Act 1995 99 Schedule 26—Evidence and Procedure (New Zealand) Act 1994 100 Schedule 27—Family Law Act 1975 101 Schedule 28—Federal Court of Australia Act 1976 104 Schedule 29—Financial Transaction Reports Act 1988 106 Schedule 30—Geneva Conventions Act 1957 110 Schedule 31—High Court of Australia Act 1979 111 Schedule 32—Human Rights and Equal Opportunity Commission Act 1986 112 Schedule 33—International War Crimes Tribunals Act 1995 115 Schedule 34—Marriage Act 1961 116 Schedule 35—Mutual Assistance in Business Regulation Act 1992 118 Schedule 36—Mutual Assistance in Criminal Matters Act 1987 119 Schedule 37—Native Title Act 1993 120 Schedule 38—Parliamentary Privileges Act 1987 123 Schedule 39—Passenger Movement Charge Collection Act 1978 124 Schedule 40—Privacy Act 1988 126
Schedule 41—Proceeds of Crime Act 1987 128 Schedule 42—Public Order (Protection of Persons and Property) Act 1971 130 Schedule 43—Racial Discrimination Act 1975 138 Schedule 44—Service and Execution of Process Act 1992 140 Schedule 45—Sex Discrimination Act 1984 141 Schedule 46—Statutory Declarations Act 1959 143 Schedule 47—Telecommunications (Interception) Act 1979 144 Schedule 48—Transfer of Prisoners Act 1983 146 Schedule 49—War Crimes Act 1945 147 Schedule 50—Witness Protection Act 1994 148 Schedule 51—Amendments (except for Customs Act) commencing on the day mentioned in subsection 2.2(2) of the Criminal Code 149 Commonwealth Places (Application of Laws) Act 1970 149 Crimes Act 1914 149 Transfer of Prisoners Act 1983 149
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
No. 24, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
[Assented to 6 April 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001.
2 Commencement
- (1)
- Subject to this section, 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 this Act receives the Royal Assent.
- (2)
- Schedule 1 commences on the 28th day after the day on which this Act receives the Royal Assent.
- (3)
- Schedules 21 and 51 commence on the day mentioned in subsection 2.2(2) of the Criminal Code.
- (4)
- If section 1 of this Act has not commenced before the commencement of item 78 of Schedule 1 to the Crimes Amendment (Forensic Procedures) Act 2001, items 20, 21 and 22 of Schedule 10 to this Act do not commence.
- (5)
- If section 1 of this Act has not commenced before the commencement of Parts 2, 5 and 6 of Schedule 1 to the Human Rights Legislation Amendment Act 2001, the following provisions of this Act do not commence:
- (a)
- items 5, 6 and 7 of Schedule 24;
- (b)
- items 3, 4 and 5 of Schedule 43;
- (c)
- items 7, 8 and 9 of Schedule 45.
- (6)
- If item 2 of Schedule 1 to the Human Rights Legislation Amendment Act 2001 commences before the commencement of Schedule 32 to this Act, this Act has effect as if the amendments of the Human Rights and Equal Opportunities Commission Act 1986 contained in Schedule 32 to this Act were amendments of the Human Rights and Responsibilities Commission Act 1986.
- (7)
- If item 106 of Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 has not commenced before the commencement of section 1 of this Act, item 10 of Schedule 40 to this Act commences immediately after the commencement of the first-mentioned item.
- (8)
- If paragraph 234(1)(c) of the Customs Act 1901 is repealed by another Act on or before the commencement of Schedule 21 to this Act, items 122 and 124 of that Schedule do not commence.
3 Schedule(s)
Subject to section 2, 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)
- Subject to subsection (3), 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.
- (3)
- Subsection (1) does not apply to amendments made by this Act to the War Crimes Act 1945.
Schedule 1—Amendments commencing on the 28th day after Royal Assent
Crimes Act 1914
1 At the end of Part I
Add:
3BB Application of sections 4, 5, 7, 7A, 14, 15D and 86
Sections 4, 5, 7, 7A, 14, 15D and 86 do not apply in relation to an offence against a provision of this Act, or of any other law of the Commonwealth, being an offence to which Chapter 2 of the Criminal Code applies.
2 Subsection 4D(1)
Repeal the subsection, substitute:
(1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an Act as described in a paragraph of subsection (1A) indicates: - (a)
- if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or
- (b)
- in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.
(1A) Subsection (1) applies to a penalty set out: - (a)
- at the foot of a section of an Act; or
- (b)
- at the foot of a subsection of an Act, but not at the foot of the section containing the subsection; or
- (c)
- at the foot of a clause of any Schedule to an Act; or
- (d)
- at the foot of a subclause of any Schedule to an Act, but not at the foot of the clause containing the subclause.
(1B) Subsection (1) does not affect the operation of subsection 4B(2), (2A) or (3).
Criminal Code Act 1995
3 After section 3
Insert:
3AA Application of the Criminal Code to regulations
(1) Despite section 2.2 of the Criminal Code, or anything in any other Act, if the Governor-General has power to make regulations under an Act, that power is taken to include a power to make regulations applying Chapter 2 of the Criminal Code on and after a specified day to offences against: - (a)
- all regulations under that Act; or
- (b)
- a specified class of regulations under that Act; or
- (c)
- one or more specified regulations under that Act;
whether those regulations are made before or after the commencement of this section. - (2)
- The day specified in regulations made under subsection (1) must not:
- (a)
- occur before the day on which the regulations are made; or
- (b)
- be the day specified in subsection 2.2(2) of the Criminal Code, or occur after that day.
- (3)
- This section ceases to have effect, and is taken to have been repealed, on the day specified in subsection 2.2(2) of the Criminal Code.
Schedule 2—Australian Federal Police Act 1979
1 At the end of Part I
Add:
5B 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 Subsection 49M(1)
Omit “knowingly”, substitute “intentionally”.
3 Paragraph 63(b)
Omit “without lawful excuse,”.
4 Paragraphs 63(c) and (d)
Omit “, without lawful excuse,”.
5 At the end of section 63
Add:
(2) Paragraphs (1)(b), (c) and (d) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
6 After subsection 64A(1)
No. 24, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................3 4 Application of amendments...............................................................3
Schedule 1—Amendments commencing on the 28th day after Royal Assent 4
Crimes Act 1914 4
Criminal Code Act 1995 5 Schedule 2—Australian Federal Police Act 1979 6 Schedule 3—Australian Protective Service Act 1987 7 Schedule 4—Australian Security Intelligence Organisation Act 1979 8 Schedule 5—Bankruptcy Act 1966 9 Schedule 6—Classification (Publications, Films and Computer Games) Act 1995 15 Schedule 7—Commerce (Trade Descriptions) Act 1905 16 Schedule 8—Complaints (Australian Federal Police) Act 1981 17 Schedule 9—Copyright Act 1968 19 Schedule 10—Crimes Act 1914 21 Schedule 11—Crimes (Aviation) Act 1991 43 Schedule 12—Crimes (Biological Weapons) Act 1976 50 Schedule 13—Crimes (Currency) Act 1981 51 Schedule 14—Crimes (Foreign Incursions and Recruitment) Act 1978 55 Schedule 15—Crimes (Hostages) Act 1989 57 Schedule 16—Crimes (Internationally Protected Persons) Act 1976 58 Schedule 17—Crimes (Ships and Fixed Platforms) Act 1992 60
Schedule 18—Crimes (Superannuation Benefits) Act 1989 64 Schedule 19—Crimes (Torture) Act 1988 65 Schedule 20—Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 66 Schedule 21—Customs Act 1901 71 Schedule 22—Customs Administration Act 1985 94 Schedule 23—Defence Force Discipline Appeals Act 1955 95 Schedule 24—Disability Discrimination Act 1992 97 Schedule 25—Evidence Act 1995 99 Schedule 26—Evidence and Procedure (New Zealand) Act 1994 100 Schedule 27—Family Law Act 1975 101 Schedule 28—Federal Court of Australia Act 1976 104 Schedule 29—Financial Transaction Reports Act 1988 106 Schedule 30—Geneva Conventions Act 1957 110 Schedule 31—High Court of Australia Act 1979 111 Schedule 32—Human Rights and Equal Opportunity Commission Act 1986 112 Schedule 33—International War Crimes Tribunals Act 1995 115 Schedule 34—Marriage Act 1961 116 Schedule 35—Mutual Assistance in Business Regulation Act 1992 118 Schedule 36—Mutual Assistance in Criminal Matters Act 1987 119 Schedule 37—Native Title Act 1993 120 Schedule 38—Parliamentary Privileges Act 1987 123 Schedule 39—Passenger Movement Charge Collection Act 1978 124 Schedule 40—Privacy Act 1988 126
Schedule 41—Proceeds of Crime Act 1987 128 Schedule 42—Public Order (Protection of Persons and Property) Act 1971 130 Schedule 43—Racial Discrimination Act 1975 138 Schedule 44—Service and Execution of Process Act 1992 140 Schedule 45—Sex Discrimination Act 1984 141 Schedule 46—Statutory Declarations Act 1959 143 Schedule 47—Telecommunications (Interception) Act 1979 144 Schedule 48—Transfer of Prisoners Act 1983 146 Schedule 49—War Crimes Act 1945 147 Schedule 50—Witness Protection Act 1994 148 Schedule 51—Amendments (except for Customs Act) commencing on the day mentioned in subsection 2.2(2) of the Criminal Code 149 Commonwealth Places (Application of Laws) Act 1970 149 Crimes Act 1914 149 Transfer of Prisoners Act 1983 149
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
[Assented to 6 April 2001]
This Act may be cited as the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001.
Subject to section 2, 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 I
Add:
Sections 4, 5, 7, 7A, 14, 15D and 86 do not apply in relation to an offence against a provision of this Act, or of any other law of the Commonwealth, being an offence to which Chapter 2 of the Criminal Code applies.
2 Subsection 4D(1)
Repeal the subsection, substitute:
(1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an Act as described in a paragraph of subsection (1A) indicates: (1A) Subsection (1) applies to a penalty set out: (1B) Subsection (1) does not affect the operation of subsection 4B(2), (2A) or (3).
3 After section 3
Insert:
(1) Despite section 2.2 of the Criminal Code, or anything in any other Act, if the Governor-General has power to make regulations under an Act, that power is taken to include a power to make regulations applying Chapter 2 of the Criminal Code on and after a specified day to offences against: whether those regulations are made before or after the commencement of this section. 1 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.
2 Subsection 49M(1)
Omit “knowingly”, substitute “intentionally”.
3 Paragraph 63(b)
Omit “without lawful excuse,”.
4 Paragraphs 63(c) and (d)
Omit “, without lawful excuse,”.
5 At the end of section 63
Add:
(2) Paragraphs (1)(b), (c) and (d) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
6 After subsection 64A(1)
Contents
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
No. 24, 2001
The Parliament of Australia enacts:
1 Short title
2 Commencement
3 Schedule(s)
4 Application of amendments
Schedule 1—Amendments commencing on the 28th day after Royal Assent
Crimes Act 1914
3BB Application of sections 4, 5, 7, 7A, 14, 15D and 86
Criminal Code Act 1995
3AA Application of the Criminal Code to regulations
Schedule 2—Australian Federal Police Act 1979
5B Application of the Criminal Code