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Education, Training and Youth Affairs Legislation Amendment (Application of Criminal Code) Bill 2001
Schedule 2 Student Assistance Act 1973

   

1  At the end of Part 1

Add:

5E   Application of the Criminal Code

                   Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2  Subsection 12ZU(4)

Omit “, except for the purposes of this Division, or in the performance of the person’s duties as an officer”.

3  After subsection 12ZU(4)

Insert:

          (4A)  Subsection (4) does not apply to the extent that the person makes the record of the information, or discloses the information, for the purposes of this Division or in the performance of the person’s duties as an officer.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (4A), see subsection 13.3(3) of the Criminal Code .

          (4B)  For the purposes of an offence against subsection (4), strict liability applies to the physical element of circumstance, that the information was disclosed or obtained under or for the purposes of this Division.

Note:          For strict liability, see section 6.1 of the Criminal Code .

4  Subsection 42(5)

Omit “, without reasonable excuse,”.

5  After subsection 42(5)

Insert:

          (5A)  Subsection (5) does not apply if the party has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code ).

6  Subsection 49(1)

Omit “, without reasonable excuse,”.

7  After subsection 49(1)

Insert:

          (1A)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

8  Subsection 347(10)

Repeal the subsection, substitute:

           (10)  A person must not refuse or fail to comply with a requirement made under section 343, 344 or 345.

Penalty:  Imprisonment for 12 months.

           (11)  Subsection (10) does not apply if 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 ).

           (12)  Subsection (10) does not apply to the extent that the person is not capable of complying with the requirement.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (12) (see subsection 13.3(3) of the Criminal Code ).

           (13)  For the purposes of an offence against subsection (10), strict liability applies to the physical element of circumstance, that the requirement was made under section 343, 344 or 345.

Note:          For strict liability, see section 6.1 of the Criminal Code .

9  Paragraph 352(b)

Repeal the paragraph.

10  Paragraph 353(b)

Repeal the paragraph.

11  At the end of section 357

Add:

             (2)  For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that the contravention is a contravention of this Division.

Note:          For strict liability, see section 6.1 of the Criminal Code .

12  Paragraph 358(b)

Repeal the paragraph, substitute:

                     (b)  makes representations that the person knows or ought reasonably to know are untrue with the intention of soliciting the disclosure of the information from the officer;

 

 

[ Minister’s second reading speech made in—

House of Representatives on 8 August 2001

Senate on 29 August 2001 ]

 

(144/01)