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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
Finance and
Administration Legislation Amendment (Application of Criminal Code) Bill
(No. 1) 2001
No. ,
2001
(Finance and
Administration)
A Bill for an Act relating
to the application of the Criminal Code to certain offences, and for
other purposes
ISBN: 0642 468826
Contents
Parliamentary Contributory Superannuation Act
1948 4
Superannuation Act
1922 5
Superannuation Act
1976 6
Superannuation Act
1990 7
Public Accounts and Audit Committee Act
1951 9
Public Works Committee Act
1969 9
A Bill for an Act relating to the application of the
Criminal Code to certain offences, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Finance and Administration
Legislation Amendment (Application of Criminal Code) Act (No. 1)
2001.
This Act commences, or is taken to have commenced, at the later of the
following times:
(a) the start of the 28th day after the day on which it receives the Royal
Assent; and
(b) the start of the 28th day after the day on which the Law and
Justice Legislation Amendment (Application of Criminal Code) Act 2001
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repealed as set out in the applicable items in the Schedule concerned, and any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(1) If the Superannuation Act 1922 is repealed before the
commencement of this Act, this Act has effect as if the amendments of the
Superannuation Act 1922 contained in Schedule 1 to this Act were
amendments of the Superannuation Act 1922 as that Act continues to apply
under section 19 of the Superannuation Legislation (Commonwealth
Employment—Saving and Transitional Provisions) Act 2001.
(2) If the Superannuation Act 1976 is repealed before the
commencement of this Act, this Act has effect as if the amendments of the
Superannuation Act 1976 contained in Schedule 1 to this Act were
amendments of the Superannuation Act 1976 as that Act continues to apply
under section 11 of the Superannuation Legislation (Commonwealth
Employment—Saving and Transitional Provisions) Act 2001.
(3) If the Superannuation Act 1990 is repealed before the
commencement of this Act, this Act has effect as if the amendments of the
Superannuation Act 1990 contained in Schedule 1 to this Act were
amendments of the Superannuation Act 1990 as that Act continues to apply
under section 18 of the Superannuation Legislation (Commonwealth
Employment—Saving and Transitional Provisions) Act 2001.
(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.
Parliamentary Contributory
Superannuation Act 1948
1 After section 4E
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.
2 Subsection 21B(5)
Omit “$500”, substitute “15 penalty
units”.
3 At the end of subsection
21B(5)
Add:
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
4 Subsection 21B(7)
Omit “, without reasonable excuse,”.
5 Subsection 21B(7)
Omit “$500”, substitute “Imprisonment for 6 months, or 30
penalty units, or both”.
6 At the end of subsection
21B(7)
Add:
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
7 Subsection 21B(8)
Repeal the subsection, substitute:
(8) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (8) (see subsection 13.3(3) of the Criminal
Code).
8 After section 5
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 Subsection 143A(3)
Omit “$40”, substitute “5 penalty units”.
10 At the end of subsection
143A(3)
Add:
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
11 Subsection 143A(8)
Omit all the words after “under subsection (1)”,
substitute:
must, within 21 days after the day that the judgment debt is satisfied,
notify the Board, in such manner as is prescribed, that the judgment debt is
satisfied.
Penalty: 5 penalty units.
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
12 Paragraph 150(1)(d)
Omit “$100”, substitute “20 penalty
units”.
13 At the end of subsection
150(1)
Add:
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
14 Before section 4
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.
15 Subsection 44(3)
Omit “intentionally”.
16 Subsection 44(3) (at the end of the
penalty)
Add “, or 30 penalty units, or both”.
17 At the end of subsection
44(3)
Add:
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
18 Subsection 119(7)
Omit all the words after “under subsection (1)”,
substitute:
must, within 21 days after the day that the judgment debt is satisfied,
notify the Board that the judgment debt is satisfied.
Penalty: 5 penalty units.
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
19 Paragraph 163A(1)(a)
Omit “within the time and in the manner specified in the
notice,”.
20 Paragraph 163A(1)(b)
Omit “in accordance with the notice,”.
21 After subsection 163A(1)
Insert:
(1A) For the purposes of subsection (1), the information must be
given, or the document must be produced:
(a) within 14 days after the day the notice was served; and
(b) in the manner specified in the notice.
22 Subsection 163A(3)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months, or 30 penalty units, or both.
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
23 Paragraph 168(1)(b)
Omit “a fine of $100”, substitute “20 penalty
units”.
24 At the end of subsection
168(1)
Add:
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
25 After section 3A
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.
26 Subsection 27A(3)
Omit “intentionally”.
27 Subsection 27A(3) (at the end of the
penalty)
Add “, or 30 penalty units, or both”.
28 At the end of subsection
27A(3)
Add:
Note: Part 1A of the Crimes Act 1914 contains
provisions dealing with penalties.
Public Accounts and Audit
Committee Act 1951
1 After section 4
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.
2 Section 15
Omit “, without reasonable excuse (proof whereof shall lie upon
him),”.
3 At the end of
section 15
Add:
(2) Subsection (1) does not apply if the person proves that he or she
has a reasonable excuse.
Note: A defendant bears a legal burden in relation to the
matter in subsection (2) (see section 13.4 of the Criminal
Code).
4 Section 16
Omit “knowingly”.
5 Section 18
Omit “wilfully”.
6 Subsection 19(2)
Omit “, inflict or procure”, substitute “or
inflict”.
Public Works Committee Act
1969
7 After section 5
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.
8 Section 28
Omit “, without reasonable excuse (proof whereof shall lie upon
him)”.
9 At the end of
section 28
Add:
(2) Paragraph (1)(a) or (b) does not apply if the person proves that
he or she has a reasonable excuse.
Note: A defendant bears a legal burden in relation to the
matter in subsection (2) (see section 13.4 of the Criminal
Code).
10 Section 29
Omit “knowingly”.
11 Section 30
Omit “, without reasonable excuse (proof whereof shall lie upon
him),”.
12 At the end of
section 30
Add:
(2) Paragraph (1)(a), (b) or (c) does not apply if the person proves
that he or she has a reasonable excuse.
Note: A defendant bears a legal burden in relation to the
matter in subsection (2) (see section 13.4 of the Criminal
Code).
13 Section 31
Omit “wilfully”.
14 Section 32
Omit “or procure” (wherever occurring).