2008-2009-2010

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Crimes Amendment (Royal Flying Doctor Service) Bill 2010

(Government)

( 1 )     Schedule  1 , item  2 , page 3 (lines 12 and 13) , omit the heading to subsection 85W( 3) , substitute:

Exceptions—supply of pharmaceutical products etc. to remote locations

[supply of pharmaceutical products etc. to remote locations]

( 2 )     Schedule  1 , item  2 , page 3 (after line 24) , after subsection 85W( 3) , insert:

          (3A)  Subsection (1) does not apply in relation to conduct engaged in by a person if the person engages in the conduct:

                     (a)  for the purposes of, and in accordance with, a program, prescribed by the regulations, for the supply of packages of pharmaceutical products and medical supplies to remote locations; and

                     (b)  in the course of duties, powers or functions performed or exercised by the person in the person’s capacity as:

                              (i)  Australia Post or an employee of Australia Post; or

                             (ii)  a body, or the holder of an office or position, if the body, office or position is prescribed by the regulations in relation to the program; or

                            (iii)  an employee of, or a person who performs services for or on behalf of, a government, body or other person, if the government, body or other person is prescribed by the regulations in relation to the program.

Note 1:       The regulations may prescribe a body or person by reference to a class of bodies or persons, and may make different provision with respect to different classes of bodies or persons (see subsection 33(3A) of the Acts Interpretation Act 1901 ).

Note 2:       A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code ).

[supply of pharmaceutical products etc. to remote locations]