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Tuesday, 22 June 2010
Page: 6167

Bill returned from Main Committee with amendments; certified copy of the bill presented.

Ordered that this bill be considered immediately.

Main Committee’s amendments—

(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

(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).

The DEPUTY SPEAKER (Mrs MA May)—The question is that the amendments be agreed to.

Question agreed to.

Bill, as amended, agreed to.