Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
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
Treasury
Legislation Amendment (Application of Criminal Code) Bill (No. 3)
2001
No. ,
2001
(Treasury)
A Bill
for an Act relating to the application of the Criminal Code to certain
offences, and for other purposes
ISBN: 0642 45986X
Contents
Part 1—Financial Sector (Shareholdings) Act
1998 58
Part 2—Insurance Contracts Act
1984 59
Part 3—Commonwealth Places (Mirror Taxes) Act
1998 61
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 Treasury Legislation Amendment
(Application of Criminal Code) Act (No. 3) 2001.
(1) Subject to this section, this Act commences on the day mentioned in
subsection 2.2(2) of the Criminal Code.
(2) If the Financial Services Reform Act 2001 has commenced before
the day mentioned in subsection 2.2(2) of the Criminal Code, item 2
of Schedule 1 to this Act does not commence.
(3) Items 179 to 182 and 189 and 190 in Schedule 1 commence on
the day on which this Act receives the Royal Assent.
(4) Schedule 2 is taken to have commenced immediately after the
commencement of item 14 of Schedule 1 to the Treasury Legislation
Amendment (Application of Criminal Code) Act (No. 1) 2001.
(5) Part 1 of Schedule 3 commences on the day after the day on
which this Act receives the Royal Assent.
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this Act is amended or repealed as set out in the applicable items in the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) 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 Section 9
Insert:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
2 Section 9
Insert:
offence based on a particular provision of this Act means,
unless a contrary intention appears:
(a) if that provision creates an offence—an offence against that
provision, or an offence against section 1314 that relates to that
provision; or
(b) if section 1311 creates an offence relating to that
provision—an offence against section 1311 or 1314 that relates to
that provision.
3 After subsection 113(3)
Insert:
(3A) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
4 At the end of
section 115
Add:
(3) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
5 At the end of
section 117
Add:
(6) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
6 At the end of
section 123
Add:
(4) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
7 At the end of
section 136
Add:
(6) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
8 At the end of
section 139
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
9 After subsection 142(2)
Insert:
(2A) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
10 After subsection 143(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
11 At the end of
section 144
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
12 At the end of
section 145
Add:
(4) An offence based on subsection (1) or (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
13 At the end of
section 146
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
14 At the end of
section 148
Add:
(6) An offence based on subsection (2), (3), (4) or (5) is an offence
of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
15 At the end of
section 150
Add:
(3) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
16 After subsection 151(2)
Insert:
(2A) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
17 At the end of
section 153
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
18 Section 156
Omit all of the words after paragraph (b).
19 At the end of
section 156
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) Subsection (1) does not apply to the extent that the person is
allowed or required to carry on business in this jurisdiction under the name or
title under a law of the Commonwealth or a law of a State or Territory in this
jurisdiction.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3), see subsection 13.3(3) of the Criminal
Code.
20 After subsection 157(2)
Insert:
(2A) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
21 After subsection 158(2)
Insert:
(2A) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
22 After subsection 162(3)
Insert:
(3A) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
23 At the end of
section 163
Add:
(6) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
24 After subsection 165(2)
Insert:
(2A) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
25 After subsection 168(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
26 Subsection 170(3)
Omit “unless the option has been granted official quotation by a
securities exchange”.
27 After subsection 170(3)
Insert:
(3A) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3B) Subsection (3) does not apply if the option has been granted
official quotation by a securities exchange.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3B), see subsection 13.3(3) of the Criminal
Code.
28 At the end of
section 172
Add:
(3) An offence based on subsection (1), (1A) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
29 Subsection 173(1)
Omit “unless the person and the company or the responsible entity
agree that the person can access the information by computer”.
30 After subsection 173(1)
Insert:
(1A) The requirement in subsection (1) to allow the person to inspect
a hard copy of the information on the register does not apply in relation to a
register that is kept on a computer if the person and the company or the
responsible entity agree that the person can access the information by
computer.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1A), see subsection 13.3(3) of the Criminal
Code.
31 After subsection 173(9)
Insert:
(9A) An offence based on subsection (1), (3) or (9) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
32 At the end of
section 174
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
33 Subsection 177(1)
Repeal the subsection, substitute:
(1) A person must not:
(a) use information about a person obtained from a register kept under
this Chapter to contact or send material to the person; or
(b) disclose information of that kind knowing that the information is
likely to be used to contact or send material to the person.
Note: An example of using information to send material to a
person is putting a person’s name and address on a mailing list for
advertising material.
(1A) Subsection (1) does not apply if the use or disclosure of the
information is:
(a) relevant to the holding of the interests recorded in the register or
the exercise of the rights attaching to them; or
(b) approved by the company or scheme.
Note: A 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 based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
34 After subsection 188(2)
Insert:
(2A) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
35 At the end of subsection
188(3)
Add:
Note: A defendant bears a legal burden in relation to a
matter mentioned in subsection (3), see section 13.4 of the
Criminal Code.
36 After subsection 191(1)
Insert:
(1A) For an offence based on subsection (1), strict liability applies
to the circumstance, that the director of a company has a material personal
interest in a matter that relates to the affairs of the company.
Note: For strict liability, see
section 6.1 of the Criminal Code.
37 Subsection 195(1)
Repeal the subsection, substitute:
Restrictions on voting and being present
(1) A director of a public company who has a material personal interest in
a matter that is being considered at a directors’ meeting must
not:
(a) be present while the matter is being considered at the meeting;
or
(b) vote on the matter.
(1A) Subsection (1) does not apply if:
(a) subsection (2) or (3) allows the director to be present;
or
(b) the interest does not need to be disclosed under
section 191.
Note: A 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 based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
38 At the end of
section 199B
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
39 After subsection 200B(1)
Insert:
(1A) For an offence based on subsection (1), strict liability applies
to the circumstance, that the benefit is in connection with the person’s,
or someone else’s, retirement.
Note: For strict liability, see
section 6.1 of the Criminal Code.
40 Section 200C
Omit “without member approval under
section 200E”.
41 At the end of
section 200C
Add:
(2) For an offence based on subsection (1), strict liability applies
to the circumstance, that the transfer is in connection with the transfer of the
whole or any part of the undertaking or property of the company.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) Subsection (1) does not apply to the extent that there is member
approval under section 200E.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3), see subsection 13.3(3) of the Criminal
Code.
42 At the end of
section 200D
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
43 At the end of
section 201D
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
44 After subsection 202B(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
45 At the end of
section 203D
Add:
Strict liability offences
(8) An offence based on subsection (3) or (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
46 At the end of
section 204A
Add:
Strict liability offences
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
47 At the end of
section 204C
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
48 Subsection 205B(5)
Omit “However, the company does not need to lodge a notice if the
person was an alternate director who stopped being a director in accordance with
the terms of their appointment as an alternate director.”.
49 At the end of
section 205B
Add:
(6) Subsection (5) does not apply if the person was an alternate
director who stopped being a director in accordance with the terms of their
appointment as an alternate director.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6), see subsection 13.3(3) of the Criminal
Code.
(7) An offence based on subsection (1), (2), (4) or (5) is an offence
of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
50 At the end of
section 205C
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
51 At the end of
section 205E
Add:
(3) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
52 At the end of
section 205F
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
53 At the end of
section 205G
Add:
Strict liability offences
(9) An offence based on subsection (1), (3) or (4) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
54 Subsection 206A(1)
Omit “It is a defence to the contravention if the person had
permission to manage the corporation under either section 206F or 206G and
their conduct was within the terms of that permission.”.
55 After subsection 206A(1)
Insert:
(1A) For an offence based on subsection (1), strict liability applies
to the circumstance, that the person is disqualified from managing corporations
under this Part.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1B) It is a defence to a contravention of subsection (1) if the
person had permission to manage the corporation under either section 206F
or 206G and their conduct was within the terms of that permission.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (1B), see subsection 13.3(3) of the Criminal
Code.
56 At the end of
section 225
Add:
(6) An offence based on subsection (3), (4) or (5) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
57 At the end of
section 235
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
58 At the end of
section 246B
Add:
(4) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
59 At the end of
section 246D
Add:
(7) An offence based on subsection (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
60 After subsection 246F(3)
Insert:
(3A) An offence based on subsection (1) or (3) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
61 After subsection 246G(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
62 Section 247C
Omit all the words after “inspection”.
63 At the end of
section 247C
Add:
(2) Subsection (1) does not apply to the extent that the disclosure
is to:
(a) ASIC; or
(b) the applicant.
Note: A 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 based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
64 After subsection 249E(4)
Insert:
(4A) An offence based on subsection (3) or (4) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
65 At the end of
section 249K
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
66 At the end of
section 249Z
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
67 After subsection 250A(5)
Insert:
(5A) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
68 After subsection 250N(2)
Insert:
(2A) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
69 At the end of
section 250P
Add:
(5) An offence based on subsection (3) or (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
70 At the end of
section 250S
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
71 At the end of
section 250T
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
72 After subsection 251A(5)
Insert:
(5A) An offence based on subsection (1), (2), (3), (4) or (5) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
73 At the end of
section 251B
Add:
(5) An offence based on subsection (1), (3) or (4) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
74 At the end of
section 252C
Add:
(5) An offence based on subsection (3) or (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
75 At the end of
section 252H
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
76 At the end of
section 252X
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
77 After subsection 252Y(5)
Insert:
(5A) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
78 After subsection 253M(3)
Insert:
(3A) An offence based on subsection (1), (2) or (3) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
79 At the end of
section 253N
Add:
(5) An offence based on subsection (1), (3) or (4) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
80 At the end of
section 254H
Add:
(5) An offence based on subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
81 At the end of
section 254N
Add:
(3) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
82 At the end of
section 254Q
Add:
Strict liability offences
(14) An offence by the company based on subsection (13) is an offence
of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
83 After subsection 254X(2)
Insert:
(2A) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
84 At the end of
section 254Y
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
85 At the end of
section 259B
Add:
(7) An offence based on subsection (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
86 After subsection 259D(4)
Insert:
(4A) An offence based on subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
87 After subsection
283AA(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
88 At the end of
section 283AB
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
89 At the end of
section 283AC
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
90 After subsection
283BH(1)
Insert:
(1A) The borrower commits an offence if it intentionally or recklessly
contravenes subsection (1).
91 At the end of
section 286
Add:
Strict liability offences
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
92 At the end of
section 287
Add:
(3) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
93 At the end of
section 288
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
94 After subsection 289(2)
Insert:
(2A) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
95 After subsection 294(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
96 After subsection 308(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
97 At the end of
section 311
Add:
(2) For an offence based on subsection (1), strict liability applies
to the conduct, notifying ASIC in writing.
Note: For strict liability, see
section 6.1 of the Criminal Code.
98 At the end of
section 312
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
99 At the end of
section 313
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
100 After subsection 314(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
101 At the end of
section 316
Add:
(4) An offence based on subsection (2) or (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
102 At the end of
section 317
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
103 At the end of
section 318
Add:
(5) An offence based on subsection (1), (3) or (4) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
104 After subsection 319(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
105 After subsection 319(5)
Insert:
(5A) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
106 At the end of
section 320
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
107 After subsection 321(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
108 At the end of
section 322
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
109 At the end of
section 323
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
110 At the end of
section 323B
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
111 After subsection
323D(3)
Insert:
(3A) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
112 After subsection 345(3)
Insert:
Strict liability offences
(3A) An offence based on subsection (1), (2) or (3) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
113 After subsection 346(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
114 At the end of
section 428
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
115 Subsection 437C(1)
Omit “, except with the administrator’s written
approval”.
116 After subsection
437C(1)
Insert:
(1A) Subsection (1) does not apply to the extent that the performance
or exercise, or purported performance or exercise, is with the
administrator’s written approval.
Note: A 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 based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
117 Subsection 438B(4)
Omit “, without reasonable excuse,”.
118 At the end of
section 438B
Add:
(5) An offence based on subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(6) Subsection (4) does not apply to the extent that the person has a
reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6), see subsection 13.3(3) of the Criminal
Code.
119 Subsection 438C(5)
Omit “except so far as the person is entitled, as against the company
and the administrator, to retain possession of the books”.
120 At the end of
section 438C
Add:
(6) Subsection (5) does not apply to the extent that the person is
entitled, as against the company and the administrator, to retain possession of
the books.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6), see subsection 13.3(3) of the Criminal
Code.
(7) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
121 Section 448B
Omit “unless he or she is a registered liquidator”.
122 At the end of
section 448B
Add:
(2) Subsection (1) does not apply if the person is a registered
liquidator.
Note: A 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 based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
123 After subsection
448C(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
124 At the end of
section 450E
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
125 Subsection 471A(1)
Omit all the words after “the company”.
126 After subsection
471A(1)
Insert:
(1A) Subsection (1) does not apply to the extent that the performance
or exercise, or purported performance or exercise, is:
(a) as a liquidator appointed for the purposes of the winding up;
or
(b) as an administrator appointed for the purposes of an administration of
the company beginning after the winding up order was made; or
(c) with the liquidator’s written approval; or
(d) with the approval of the Court.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (1A), see subsection 13.3(3) of the Criminal
Code.
127 Subsection 471A(2)
Omit all the words after “the company”.
128 After subsection
471A(2)
Insert:
(2A) Subsection (2) does not apply to the extent that the performance
or exercise, or purported performance or exercise, is:
(a) as a provisional liquidator of the company; or
(b) as an administrator appointed for the purposes of an administration of
the company beginning after the provisional liquidator was appointed;
or
(c) with the provisional liquidator’s written approval; or
(d) with the approval of the Court.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (2A), see subsection 13.3(3) of the Criminal
Code.
(2B) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
129 Subsections 475(9) and
(10)
Repeal the subsections, substitute:
(9) A person must not contravene a provision of this section.
(10) An offence based on subsection (9) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(11) Subsection (9) does not apply to the extent that the person has
a reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (11), see subsection 13.3(3) of the Criminal
Code.
130 Subsection 486A(8)
After “must not”, insert “intentionally or
recklessly”.
131 At the end of
section 496
Add:
(9) An offence based on subsection (2), (3), (4), (5), (6), (7) or
(8) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
132 After subsection 497(7)
Insert:
(7A) An offence based on subsection (3), (4), (5), (6) or (7) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
133 Subsection 530A(6)
Omit “, without reasonable excuse,”.
134 After subsection
530A(6)
Insert:
(6A) An offence based on subsection (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(6B) Subsection (6) does not apply to the extent that the person has
a reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6B), see subsection 13.3(3) of the Criminal
Code.
135 Subsection 530B(3)
Omit “hinder or obstruct”, substitute “engage in conduct
that results in the hindering or obstruction of”.
136 Subsection 530B(3)
Omit “, unless the person is entitled, as against the company and the
liquidator, to retain possession of the books”.
137 After subsection
530B(3)
Insert:
(3A) Subsection (3) does not apply if the person is entitled, as
against the company and the liquidator, to retain possession of the
books.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3A), see subsection 13.3(3) of the Criminal
Code.
138 Subsection 530B(6)
Omit “except so far as the person is entitled, as against the company
and the liquidator, to retain possession of the books”.
139 After subsection
530B(6)
Insert:
(6A) Subsection (6) does not apply to the extent that the person is
entitled, as against the company and the liquidator, to retain possession of the
books.
Note: A 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 based on subsection (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
140 At the end of
section 532
Add:
(10) An offence based on subsection (1), (2), (7), (8) or (9) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
141 At the end of
section 541
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
142 Paragraph 588G(3)(a)
Repeal the paragraph, substitute:
(a) a company incurs a debt at a particular time; and
(aa) at that time, a person is a director of the company; and
143 After subsection
588G(3)
Insert:
(3A) For the purposes of an offence based on subsection (3), absolute
liability applies to paragraph (3)(a).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(3B) For the purposes of an offence based on subsection (3), strict
liability applies to paragraphs (3)(aa) and (b).
Note: For strict liability, see
section 6.1 of the Criminal Code.
144 Paragraph 590(1)(a)
Omit “, so far as the person is capable of doing
so,”.
145 Paragraph 590(1)(b)
Repeal the paragraph.
146 Subparagraph
590(1)(c)(i)
Omit “fraudulently concealed or removed”, substitute
“engaged in conduct that resulted in the fraudulent concealment or removal
of”.
147 Subparagraph
590(1)(c)(ii)
Omit “concealed”, substitute “engaged in conduct that
resulted in the concealment of”.
148 Subparagraph
590(1)(c)(iii)
Omit “fraudulently parted with, altered or made any omission in, or
been”, substitute “engaged in conduct that resulted in the
fraudulent parting with, alteration or making of any omission in, or
being”.
149 Subparagraph
590(1)(c)(v)
Omit “fraudulently pawned, pledged or disposed”, substitute
“engaged in conduct that resulted in the fraudulent pawning, pledging or
disposal”.
150 Paragraph 590(1)(e)
Repeal the paragraph.
151 Paragraph 590(1)(f)
Omit “prevents”, substitute “engaged in conduct that
prevented”.
152 After subsection 590(1)
Insert:
(2) Absolute liability applies to so much of an offence based on
paragraph (1)(c), (g) or (h) as requires that an event occur within 10
years next before the relevant day or at a time on or after that day.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
(3) Paragraph (1)(a) does not apply to the extent that the person is
not capable of disclosing the information referred to in that
paragraph.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (3), see subsection 13.3(3) of the Criminal
Code.
(4) A person who, being a past or present officer of a company to which
this section applies, does not deliver up to, or in accordance with the
directions of, the appropriate officer:
(a) all the property of the company in the person’s possession;
or
(b) all books in the person’s possession belonging to the company
(except books of which the person is entitled, as against the company and the
appropriate officer, to retain possession);
contravenes this subsection.
(4A) A person who, being a past or present officer of a company and
knowing or believing that a false debt has been proved by a person, fails for a
period of one month to inform the appropriate officer of his or her knowledge or
belief contravenes this subsection.
(4B) A person must not intentionally or recklessly fail to comply with
subsection (4) or (4A).
153 After subsection 592(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
154 At the end of subsection
592(2)
Add:
Note: A defendant bears a legal burden in relation to a
matter mentioned in subsection (2), see section 13.4 of the
Criminal Code.
155 After subsection 592(6)
Insert:
(6A) For the purposes of an offence based on subsection (6), absolute
liability applies to paragraph (6)(b).
Note: For absolute liability, see
section 6.2 of the Criminal Code.
156 At the end of
section 595
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
157 Paragraph 596(c)
Omit “conceals or removes”, substitute “engages in
conduct that results in the concealment or removal of”.
158 At the end of
section 596
Add:
(2) Absolute liability applies to so much of an offence based on
paragraph (1)(c) as requires that an event occur after, or within 2 months
before, the date of any unsatisfied judgment or order for payment of money
obtained against the company or a related body corporate.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
159 Subsection 597(6)
Omit “, without reasonable excuse”, substitute
“intentionally or recklessly”.
160 After subsection 597(6)
Insert:
(6A) Subsection (6) does not apply to the extent that the person has
a reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6A), see subsection 13.3(3) of the Criminal
Code.
161 Subsection 597(10A)
Omit “, without reasonable excuse, refuse or fail”, substitute
“refuse, or intentionally or recklessly fail,”.
162 After subsection
597(10A)
Insert:
(11) Subsection (10A) does not apply to the extent that the person
has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (11), see subsection 13.3(3) of the Criminal
Code.
163 Subsection 597A(3)
Omit “, without reasonable excuse, refuse or fail”, substitute
“refuse, or intentionally or recklessly fail,”.
164 After subsection
597A(3)
Insert:
(3A) Subsection (3) does not apply to the extent that the person has
a reasonable excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3A), see subsection 13.3(3) of the Criminal
Code.
165 Subsection 601AD(5)
Omit “This does not apply to books that a liquidator has to keep
under subsection 542(2).”.
166 At the end of
section 601AD
Add:
(6) Subsection (5) does not apply to books that a liquidator has to
keep under subsection 542(2).
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6), see subsection 13.3(3) of the Criminal
Code.
Strict liability offences
(7) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
167 After subsection
601BC(5)
Insert:
(5A) An offence based on subsection (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
168 After subsection
601BH(2)
Insert:
(2A) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
169 At the end of
section 601BJ
Add:
(4) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
170 After subsection
601BK(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
171 After subsection
601BP(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
172 At the end of
section 601BR
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
173 At the end of
section 601CW
Add:
(11) An offence based on subsection (9) or (10) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
174 After subsection
601CZB(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
175 At the end of
section 601CZC
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
176 After subsection
601DD(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
177 After subsection
601DE(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
178 After subsection
601DH(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
179 Subsection 601FC(7)
Repeal the subsection.
180 Subsection 601FC(8)
Repeal the subsection.
181 Subsection 601FD(5)
Repeal the subsection.
182 Subsection 601FD(6)
Repeal the subsection.
183 At the end of
section 601FF
Add:
(3) A person must not intentionally or recklessly fail to comply with
subsection (2).
184 At the end of
section 601HD
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
185 After subsection
601HG(7)
Insert:
(7A) An offence based on subsection (1), (3), (4), (6) or (7) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
186 After subsection
601JA(3)
Insert:
(3A) A person must not intentionally or recklessly fail to comply with
subsection (3).
187 After subsection
601JA(4)
Insert:
(4A) An offence based on subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
188 At the end of
section 601JB
Add:
(7) An offence based on subsection (5) or (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
189 Subsection 601JD(5)
Repeal the subsection.
190 Subsection 601JD(6)
Repeal the subsection.
191 After subsection
601KA(3)
Insert:
(3A) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
192 Subsection 606(1)
Omit “However, the person may acquire the relevant interest under one
of the exceptions set out in section 611 without contravening this
subsection.”.
193 After subsection 606(1)
Insert:
(1A) However, the person may acquire the relevant interest under one of
the exceptions set out in section 611 without contravening
subsection (1).
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1A), see subsection 13.3(3) of the Criminal
Code.
194 Subsection 606(2)
Omit “However, if the acquisition of the relevant interest is covered
by one of the exceptions set out in section 611, the person may acquire the
legal or equitable interest without contravening this
subsection.”.
195 After subsection 606(2)
Insert:
(2A) However, if the acquisition of the relevant interest is covered by
one of the exceptions set out in section 611, the person may acquire the
legal or equitable interest without contravening subsection (2).
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2A), see subsection 13.3(3) of the Criminal
Code.
196 After subsection 606(4)
Insert:
Absolute liability offences
(4A) An offence based on subsection (1), (2) or (4) is an offence of
absolute liability.
Note: For absolute liability, see
section 6.2 of the Criminal Code.
197 At the end of subsection
606(5)
Add:
Note: A defendant bears a legal burden in relation to a
matter mentioned in subsection (5), see section 13.4 of the
Criminal Code.
198 After subsection 622(1)
Insert:
Strict liability offences
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
199 After subsection 623(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
200 At the end of
section 624
Add:
Strict liability offences
(3) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
201 At the end of
section 630
Add:
Strict liability offences
(6) An offence based on subsection (2), (3) or (4) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
202 Subsection 631(1)
Repeal the subsection, substitute:
(1) A person contravenes this subsection if:
(a) either alone or with other persons, the person publicly proposes to
make a takeover bid for securities in a company; and
(b) the person does not make offers for the securities under a takeover
bid within 2 months after the proposal.
The terms and conditions of the bid must be the same as or not
substantially less favourable than those in the public proposal.
Note: The Court has power under section 1325B to order
a person to proceed with a bid.
(1A) For the purposes of an offence based on subsection (1), strict
liability applies to paragraph (1)(b) and to the requirement that the terms
and conditions of the bid must be the same as or not substantially less
favourable than those in the public proposal.
Note: For strict liability, see
section 6.1 of the Criminal Code.
203 At the end of
section 633
Add:
Strict liability offences
(8) An offence based on this section is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
204 At the end of
section 635
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
205 At the end of
section 636
Add:
Strict liability offences
(5) An offence based on subsection (3) or (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
206 At the end of
section 637
Add:
Strict liability offences
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
207 Subsection 638(1)
Omit all the words after “the bid.”.
208 After subsection 638(1)
Insert:
(1A) However, the statement must contain this information:
(a) only to the extent to which it is reasonable for investors and their
professional advisers to expect to find the information in the statement;
and
(b) only if the information is known to any of the directors of the
target.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (1A), see subsection 13.3(3) of the Criminal
Code.
209 At the end of
section 638
Add:
Strict liability offences
(7) An offence based on subsection (1), (3), (5) or (6) is an offence
of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
210 At the end of
section 639
Add:
Strict liability offences
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
211 At the end of
section 640
Add:
(3) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
212 Subsection 641(1)
Omit “However, the target does not need to give information to the
bidder about a person or their holding of securities unless the target knows the
person’s name.”.
213 After subsection 641(1)
Insert:
(1A) However, the target does not need to give information to the bidder
about a person or their holding of securities unless the target knows the
person’s name.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (1A), see subsection 13.3(3) of the Criminal
Code.
(1B) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
214 At the end of
section 643
Add:
(2) For an offence based on subsection (1), strict liability applies
to the conduct, that the bidder must prepare a supplementary bidder’s
statement that remedies the defect.
Note: For strict liability, see
section 6.1 of the Criminal Code.
215 At the end of
section 644
Add:
(2) For an offence based on subsection (1), strict liability applies
to the conduct, that the target must prepare a supplementary target’s
statement that remedies the defect.
Note: For strict liability, see
section 6.1 of the Criminal Code.
216 At the end of
section 647
Add:
(4) An offence based on subsection (1), (2) or (3) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
217 After subsection
648A(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
218 After subsection
648E(2)
Insert:
(2A) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
219 At the end of
section 648G
Add:
(10) An offence based on subsection (5) or (9) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
220 At the end of
section 649C
Add:
(3) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
221 At the end of
section 650B
Add:
Strict liability offences
(4) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
222 At the end of
section 650E
Add:
(7) An offence based on subsection (5) or (6) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
223 At the end of
section 650F
Add:
(4) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
224 At the end of
section 651A
Add:
(5) An offence based on subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
225 At the end of
section 651C
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
226 At the end of
section 652C
Add:
(4) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
227 After subsection
654A(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
228 At the end of subsection
654A(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsection (2), see subsection 13.3(3) of the Criminal
Code.
229 At the end of
section 654C
Add:
(4) An offence based on subsection (1) or (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
230 At the end of
section 657F
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
231 After subsection
661B(2)
Insert:
Strict liability offences
(2A) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
232 At the end of
section 661D
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
233 After subsection
662A(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
234 At the end of
section 663A
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
235 After subsection
664D(3)
Insert:
(3A) An offence based on subsection (1), (2) or (3) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
236 At the end of
section 664E
Add:
(5) An offence based on subsection (2), (3) or (4) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
237 At the end of
section 665A
Add:
(3) An offence based on subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
238 At the end of
section 665D
Add:
Strict liability offences
(5) An offence based on subsection (3) or (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
239 At the end of
section 665E
Add:
(4) An offence based on this section is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
240 After subsection
666A(1)
Insert:
Strict liability offences
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
241 At the end of
section 666B
Add:
(4) An offence based on subsection (2) or (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
242 At the end of
section 667A
Add:
(4) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
243 At the end of
section 668A
Add:
(5) An offence based on subsection (1), (2), (3) or (4) is an offence
of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
244 After subsection
668B(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
245 At the end of
section 670C
Add:
(4) An offence based on subsection (1), (2) or (3) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
246 After subsection
671B(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
247 Subsection 672B(1)
Omit “A matter referred to in paragraph (b) or (c) need only be
disclosed to the extent to which it is known to the person required to make the
disclosure.”.
248 After subsection
672B(1)
Insert:
(1A) However, a matter referred to in paragraph (1)(b) or (c) need
only be disclosed to the extent to which it is known to the person required to
make the disclosure.
Note: A 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 based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
249 Subsection 721(1)
Omit “unless subsection (2) allows a profile statement to be
used instead”.
250 After subsection 721(1)
Insert:
(1A) Subsection (1) does not apply to the extent that
subsection (2) allows a profile statement to be used instead of a
prospectus.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1A), see subsection 13.3(3) of the Criminal
Code.
251 At the end of
section 721
Add:
Offence
(5) A person commits an offence if the person intentionally or recklessly
contravenes subsection (1) or (4).
252 At the end of
section 722
Add:
(3) An offence based on subsection (1) or (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
253 At the end of
section 723
Add:
Strict liability offences
(4) An offence based on subsection (1), (2) or (3) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
254 After subsection 724(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
255 After subsection 725(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
256 At the end of
section 730
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
257 Subsection 734(2)
Omit all of the words after paragraph (b).
258 After subsection 734(2)
Insert:
(2A) Subsection (2) does not apply if the advertisement or
publication is authorised by subsection (4), (5), (6) or (7).
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2A), see subsection 13.3(3) of the Criminal
Code.
Strict liability offences
(2B) An offence based on subsection (1) or (2) is an offence of
strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
259 At the end of
section 735
Add:
(2) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
260 Subsection 736(1)
Omit all of the words after paragraph (b).
261 After subsection 736(1)
Insert:
(1A) Subsection (1) does not apply if the offer is exempted under
subsection (2).
Note: A 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 based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
262 At the end of
section 1274
Add:
(17) An offence based on subsection (9), (13) or (16) is an offence
of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
263 After subsection
1300(2A)
Insert:
(2B) An offence based on subsection (2A) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
264 At the end of
section 1300
Add:
(4) An offence based on subsection (3) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
265 After subsection
1302(5)
Insert:
(6) An offence based on subsection (3) or (5) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
266 Subsection 1307(1)
Omit “conceals, destroys, mutilates or falsifies”, substitute
“engages in conduct that results in the concealment, destruction,
mutilation or falsification of”.
267 Paragraph 1307(2)(b)
Omit “destroys, removes or falsifies”, substitute
“engages in conduct that results in the destruction, removal or
falsification of”.
268 At the end of subsection
1307(3)
Add:
Note: A defendant bears a legal burden in relation to the
matter mentioned in subsection (3), see section 13.4 of the
Criminal Code.
269 Before Division 1 of Part 9.4 of
Chapter 9
Insert:
Subject to this Act, Chapter 2 of the Criminal Code applies
to all offences against this Act.
270 After subsection
1308(1)
Insert:
(1A) An offence based on subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
271 At the end of subsection
1311(1)
Add:
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
272 At the end of
section 1311
Add:
(6) An offence based on subsection (1) for which the penalty is set
out in subsection (5) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
273 At the end of
section 1323
Add:
(10) An offence based on subsection (9) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
274 Schedule 3 (table
item 8)
Omit “Section 139”, substitute “Subsection
139(1)”.
275 Schedule 3 (table
item 13)
Omit “Section 146”, substitute “Subsection
146(1)”.
276 Schedule 3 (table
item 18)
Omit “Section 156”, substitute “Subsection
156(1)”.
277 Schedule 3 (table
item 28)
Omit “Section 174”, substitute “Subsection
174(1)”.
278 Schedule 3 (table
item 34)
Omit “Section 199B”, substitute “Subsection
199B(1)”.
279 Schedule 3 (table
item 36)
Omit “Section 200C”, substitute “Subsection
200C(1)”.
280 Schedule 3 (table
item 47)
Omit “Section 205F”, substitute “Subsection
205F(1)”.
281 Schedule 3 (table
item 99)
Omit “Section 286”, substitute “Subsections 286(1)
and (2)”.
282 Schedule 3 (table
item 105)
Omit “Section 311”, substitute “Subsection
311(1)”.
283 Schedule 3 (table
item 106)
Omit “Section 312”, substitute “Subsection
312(1)”.
284 Schedule 3 (table
item 110)
Omit “Section 317”, substitute “Subsection
317(1)”.
285 Schedule 3 (table
item 114)
Omit “Section 323”, substitute “Subsection
323(1)”.
286 Schedule 3 (table
item 115)
Omit “Section 323B”, substitute “Subsection
323B(1)”.
287 Schedule 3 (table
item 125)
Omit “Section 448B”, substitute “Subsection
448B(1)”.
288 Schedule 3 (table
item 137)
Omit “Section 541”, substitute “Subsection
541(1)”.
289 Schedule 3 (table
item 143)
Omit “Section 595”, substitute “Subsection
595(1)”.
290 Schedule 3 (table
item 144)
Omit “Section 596”, substitute “Subsection
596(1)”.
291 Schedule 3 (table
item 156)
Omit “Section 601BR”, substitute “Subsection
601BR(1)”.
292 Schedule 3 (table
item 160)
Omit “Section 601DD”, substitute “Subsection
601DD(1)”.
293 Schedule 3 (table
item 161)
Omit “Section 601DE”, substitute “Subsection
601DE(1)”.
294 Schedule 3 (table
item 164)
Omit “Subsection 601FF(2)”, substitute “Subsection
601FF(3)”.
295 Schedule 3 (table
item 168)
Omit “Section 601HD”, substitute “Subsection
601HD(1)”.
296 Schedule 3 (table
item 170)
Omit “Subsection 601JA(1)”, substitute “Subsection
601JA(3)”.
297 Schedule 3 (table
item 171)
Omit “Section 601JA”, substitute “Subsection
601JA(4)”.
298 Schedule 3 (table
item 185)
Omit “Section 635”, substitute “Subsection
635(1)”.
299 Schedule 3 (table
item 212)
Omit “Section 657F”, substitute “Subsection
657F(1)”.
300 Schedule 3 (table
item 213)
Omit “Section 661D”, substitute “Subsection
661D(1)”.
301 Schedule 3 (table
item 215)
Omit “Section 663A”, substitute “Subsection
663A(1)”.
302 Schedule 3 (table
item 230)
Omit “Subsection 721(1)”, substitute “Subsection
721(5)”.
303 Schedule 3 (table
item 231)
Repeal the item.
304 Schedule 3 (table
item 241)
Omit “Section 730”, substitute “Subsection
730(1)”.
305 Schedule 3 (table
item 244)
Omit “Section 735”, substitute “Subsection
735(1)”.
306 At the end of
Schedule 3
Add:
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
1 Item 14 of
Schedule 1
Repeal the item.
2 Item 42 of
Schedule 1
Repeal the item.
3 Item 46 of
Schedule 1
Repeal the item.
4 Item 52 of
Schedule 1
Repeal the item.
5 Item 57 of
Schedule 1
Repeal the item.
6 Item 91 of
Schedule 1
Repeal the item.
7 Item 96 of
Schedule 1
Repeal the item.
8 Item 98 of
Schedule 1
Repeal the item.
9 Item 100 of
Schedule 1
Repeal the item.
10 Item 102 of
Schedule 1
Repeal the item.
11 Item 104 of
Schedule 1
Repeal the item.
12 Item 106 of
Schedule 1
Repeal the item.
13 Item 109 of
Schedule 1
Repeal the item.
14 Item 111 of
Schedule 1
Repeal the item.
15 Item 113 of
Schedule 1
Repeal the item.
16 Item 117 of
Schedule 1
Repeal the item.
17 Item 119 of
Schedule 1
Repeal the item.
18 Item 122 of
Schedule 1
Repeal the item.
19 Item 124 of
Schedule 1
Repeal the item.
20 Item 126 of
Schedule 1
Repeal the item.
21 Item 128 of
Schedule 1
Repeal the item.
22 Item 130 of
Schedule 1
Repeal the item.
23 Item 134 of
Schedule 1
Repeal the item.
24 Item 144 of
Schedule 1
Repeal the item.
25 Item 145 of
Schedule 1
Repeal the item, substitute:
145 Section 115
Repeal the section, substitute:
A person must not intentionally or recklessly refuse or fail to comply
with a requirement of the Regulator, an authorised person or an inspector under
this Act.
Penalty: 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
26 Item 147 of
Schedule 1
Repeal the item.
27 Item 149 of
Schedule 1
Repeal the item.
28 Item 151 of
Schedule 1
Repeal the item.
29 Item 153 of
Schedule 1
Repeal the item.
30 Item 155 of
Schedule 1
Repeal the item.
31 Item 159 of
Schedule 1
Repeal the item.
32 Item 161 of
Schedule 1
Repeal the item.
33 Item 166 of
Schedule 1
Repeal the item.
34 Item 170 of
Schedule 1
Repeal the item.
35 Item 174 of
Schedule 1
Repeal the item.
36 Item 178 of
Schedule 1
Repeal the item.
37 Item 180 of
Schedule 1
Repeal the item.
38 Item 183 of
Schedule 1
Repeal the item.
39 Item 186 of
Schedule 1
Repeal the item.
40 Item 188 of
Schedule 1
Repeal the item.
41 Item 190 of
Schedule 1
Repeal the item.
42 Item 197 of
Schedule 1
Repeal the item.
43 Item 204 of
Schedule 1
Repeal the item.
44 Item 217 of
Schedule 1
Repeal the item.
45 Item 218 of
Schedule 1
Repeal the item, substitute:
218 Section 285
Repeal the section, substitute:
A person must not intentionally or recklessly refuse or fail to comply
with a requirement of the Regulator, an authorised person or an inspector under
this Act.
Penalty:
(a) in respect of a requirement under subsection 264(3) or
(4)—imprisonment for 2 years; or
(b) otherwise—30 penalty units.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
46 Item 220 of
Schedule 1
Repeal the item.
47 Item 223 of
Schedule 1
Repeal the item.
48 Item 225 of
Schedule 1
Repeal the item.
49 Item 229 of
Schedule 1
Repeal the item.
50 Item 231 of
Schedule 1
Repeal the item.
51 Item 233 of
Schedule 1
Repeal the item.
52 Item 235 of
Schedule 1
Repeal the item.
53 Item 237 of
Schedule 1
Repeal the item.
54 Item 239 of
Schedule 1
Repeal the item.
Part 1—Financial
Sector (Shareholdings) Act 1998
1 Subsection 24(4)
Repeal the subsection.
2 Subsection 24(5)
Repeal the subsection.
3 Subsection 26(4A)
Repeal the subsection.
4 Subsection 26(4B)
Repeal the subsection.
Part 2—Insurance
Contracts Act 1984
5 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.
6 After subsection 11C(2)
Insert:
(2A) An offence against subsection (2) is a strict liability
offence.
Note: For strict liability, see
section 6.1 of the Criminal Code.
7 At the end of subsection
11C(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsection (3), see subsection 13.3(3) of the Criminal
Code.
8 At the end of subsection
11C(4)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsection (4) (see subsection 13.3(3) of the Criminal
Code.
9 After subsection 11D(3)
Insert:
(3A) An offence against subsection (3) is a strict liability
offence.
Note: For strict liability, see
section 6.1 of the Criminal Code.
10 At the end of subsection
11D(4)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsection (4), see subsection 13.3(3) of the Criminal
Code.
11 At the end of subsection
11D(5)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsection (5), see subsection 13.3(3) of the Criminal
Code.
12 At the end of subsection
74(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsection (2), see subsection 13.3(3) of the Criminal
Code.
13 At the end of subsection
75(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matters in subsection (3), see subsection 13.3(3) of the Criminal
Code.
14 At the end of subsection
75(7)
Add:
Note: A defendant bears a legal burden in relation to a
matter mentioned in subsection (7), see section 13.4 of the
Criminal Code.
Part 3—Commonwealth
Places (Mirror Taxes) Act 1998
15 After subsection 20(1)
Insert:
(1A) To avoid doubt, Chapter 2 of the Criminal Code does not
apply in relation to, or in relation to anything done under, an applied
law.