- Agriculture, Fisheries and ForestryLegislation Amendment (Application of Criminal Code) Act 2001
- Contents
- The Parliament of Australia enacts
- Schedule 1—Amendment of Acts
- Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
- Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
- Agricultural and Veterinary Chemicals (Administration) Act1992
- Agricultural and Veterinary Chemicals Code Act 1994
- Australian Meat and Live-stock Industry Act 1997
- Australian Wine and Brandy Corporation Act 1980
- Biological Control Act 1984
- Dairy Produce Act 1986
- Export Control Act 1982
- Export Inspection and Meat Charges Collection Act 1985
- Farm Household Support Act 1992
- Fisheries Management Act 1991
- Horticulture Marketing and Research and DevelopmentServices (Repeals and Consequential Provisions)Act 2000
- Imported Food Control Act 1992
- Loan (Income Equalization Deposits) Act 1976
- Meat Inspection Act 1983
- Plant Breeder’s Rights Act 1994
- Primary Industries Levies and Charges Collection Act 1991
- Torres Strait Fisheries Act 1984
- Wheat Marketing Act 1989
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001
No. 115, 2001
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001
No. 115, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
Contents
1 Short title...........................................................................................2 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................2 4 Application of amendments...............................................................2
Schedule 1—Amendment of Acts 3
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 3 Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 5 Agricultural and Veterinary Chemicals (Administration) Act 1992 6 Agricultural and Veterinary Chemicals Code Act 1994 10 Australian Meat and Live-stock Industry Act 1997 23 Australian Wine and Brandy Corporation Act 1980 24 Biological Control Act 1984 26 Dairy Produce Act 1986 27 Export Control Act 1982 30 Export Inspection and Meat Charges Collection Act 1985 33 Farm Household Support Act 1992 34 Fisheries Management Act 1991 36 Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 41 Imported Food Control Act 1992 41 Loan (Income Equalization Deposits) Act 1976 43 Meat Inspection Act 1983 43 Plant Breeder’s Rights Act 1994 45 Primary Industries Levies and Charges Collection Act 1991 46 Torres Strait Fisheries Act 1984 47 Wheat Marketing Act 1989 50
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001
No. 115, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
[Assented to 18 September 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001.
2 Commencement
This Act commences on the 28th day after the day on which it 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—Amendment of Acts
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
1 Subsection 3(1) (definition of offence against this Act)
Repeal the definition, substitute:
offence against this Act includes an offence against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence against this Act.
2 After section 6
Insert:
6A 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.
3 Subsection 12(2)
Omit “, without reasonable excuse,”.
4 After subsection 12(2)
Insert:
(2A) 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 (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.
5 Subsection 17(2)
Omit “, without reasonable excuse,”.
6 At the end of section 17
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.
7 Subsection 18(4)
Omit “unless the person has a reasonable excuse for not doing so,”.
8 At the end of section 18
Add:
(5) 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 (4). 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.
9 Subsection 21(3)
Omit “, without reasonable excuse,”.
10 At the end of section 21
Add:
(4) 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 (4). See subsection 13.3(3) of the Criminal Code.
(5) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.
11 At the end of section 34
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.
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
12 Section 3 (definition of offence against this Act)
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001
No. 115, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
Contents
1 Short title...........................................................................................2 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................2 4 Application of amendments...............................................................2
Schedule 1—Amendment of Acts 3
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 3 Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 5 Agricultural and Veterinary Chemicals (Administration) Act 1992 6 Agricultural and Veterinary Chemicals Code Act 1994 10 Australian Meat and Live-stock Industry Act 1997 23 Australian Wine and Brandy Corporation Act 1980 24 Biological Control Act 1984 26 Dairy Produce Act 1986 27 Export Control Act 1982 30 Export Inspection and Meat Charges Collection Act 1985 33 Farm Household Support Act 1992 34 Fisheries Management Act 1991 36 Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 41 Imported Food Control Act 1992 41 Loan (Income Equalization Deposits) Act 1976 43 Meat Inspection Act 1983 43 Plant Breeder’s Rights Act 1994 45 Primary Industries Levies and Charges Collection Act 1991 46 Torres Strait Fisheries Act 1984 47 Wheat Marketing Act 1989 50
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001
No. 115, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
[Assented to 18 September 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001.
2 Commencement
This Act commences on the 28th day after the day on which it 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—Amendment of Acts
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
1 Subsection 3(1) (definition of offence against this Act)
Repeal the definition, substitute:
offence against this Act includes an offence against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence against this Act.
2 After section 6
Insert:
6A 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.
3 Subsection 12(2)
Omit “, without reasonable excuse,”.
4 After subsection 12(2)
Insert:
(2A) 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 (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.
5 Subsection 17(2)
Omit “, without reasonable excuse,”.
6 At the end of section 17
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.
7 Subsection 18(4)
Omit “unless the person has a reasonable excuse for not doing so,”.
8 At the end of section 18
Add:
(5) 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 (4). 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.
9 Subsection 21(3)
Omit “, without reasonable excuse,”.
10 At the end of section 21
Add:
(4) 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 (4). See subsection 13.3(3) of the Criminal Code.
(5) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.
11 At the end of section 34
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.
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
12 Section 3 (definition of offence against this Act)
No. 115, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
1 Short title...........................................................................................2 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................2 4 Application of amendments...............................................................2
Schedule 1—Amendment of Acts 3
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 3 Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 5 Agricultural and Veterinary Chemicals (Administration) Act 1992 6 Agricultural and Veterinary Chemicals Code Act 1994 10 Australian Meat and Live-stock Industry Act 1997 23 Australian Wine and Brandy Corporation Act 1980 24 Biological Control Act 1984 26 Dairy Produce Act 1986 27 Export Control Act 1982 30 Export Inspection and Meat Charges Collection Act 1985 33 Farm Household Support Act 1992 34 Fisheries Management Act 1991 36 Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 41 Imported Food Control Act 1992 41 Loan (Income Equalization Deposits) Act 1976 43 Meat Inspection Act 1983 43 Plant Breeder’s Rights Act 1994 45 Primary Industries Levies and Charges Collection Act 1991 46 Torres Strait Fisheries Act 1984 47 Wheat Marketing Act 1989 50
[Assented to 18 September 2001]
This Act may be cited as the Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001.
This Act commences on the 28th 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 Subsection 3(1) (definition of offence against this Act)
Repeal the definition, substitute:
offence against this Act includes an offence against:
(a) section 6 of the Crimes Act 1914; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence against this Act.
2 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.
3 Subsection 12(2)
Omit “, without reasonable excuse,”.
4 After subsection 12(2)
Insert:
(2A) 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 (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.
5 Subsection 17(2)
Omit “, without reasonable excuse,”.
6 At the end of section 17
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.
7 Subsection 18(4)
Omit “unless the person has a reasonable excuse for not doing so,”.
8 At the end of section 18
Add:
(5) 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 (4). 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.
9 Subsection 21(3)
Omit “, without reasonable excuse,”.
10 At the end of section 21
Add:
(4) 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 (4). See subsection 13.3(3) of the Criminal Code.
(5) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.
11 At the end of section 34
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.
12 Section 3 (definition of offence against this Act)
Contents
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001
No. 115, 2001
An Act relating to the application of the Criminal Code to certain offences, and for related purposes
The Parliament of Australia enacts:
1 Short title
2 Commencement
3 Schedule(s)
4 Application of amendments
Schedule 1—Amendment of Acts
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
6A Application of the Criminal Code
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994