(i) the threat would be likely to cause the individual to act unwillingly; and

(ii) the maker of the threat is aware of the vulnerability of the individual to the threat; or

(b) the threat would be likely to cause a person of normal stability and courage to act unwillingly.

Threat against a person who is not an individual

(3) For the purposes of this Part, a threat against a person who is not an individual is taken not to be menaces unless:

(a) the threat would ordinarily cause an unwilling response; or

(b) the threat would be likely to cause an unwilling response because of a particular vulnerability of which the maker of the threat is aware.

Division 139 - Unwarranted demands

139.1 Unwarranted demands of a Commonwealth public official

A person is guilty of an offence if:

(a) the person makes an unwarranted demand with menaces of another person; and

(b) the demand or the menaces are directly or indirectly related to:

(i) the other person's capacity as a Commonwealth public official; or

(ii) any influence the other person has in the other person's capacity as a Commonwealth public official; and

(c) the first-mentioned person does so with the intention of:

(i) obtaining a gain; or

(ii) causing a loss; or

(iii) influencing the official in the exercise of the official's duties as a Commonwealth public official.

Penalty: Imprisonment for 12 years.

139.2 Unwarranted demands made by a Commonwealth public official

A Commonwealth public official is guilty of an offence if:

(a) the official makes an unwarranted demand with menaces of another person; and

(b) the demand or the menaces are directly or indirectly related to:

(i) the official's capacity as a Commonwealth public official; or

(ii) any influence the official has in the official's capacity as a Commonwealth public official; and

(c) the official does so with the intention of:

(i) obtaining a gain; or

(ii) causing a loss; or

(iii) influencing another Commonwealth public official in the exercise of the other official's duties as a Commonwealth public official.

Penalty: Imprisonment for 12 years.

139.3 Geographical jurisdiction

Section 15.3 (extended geographical jurisdiction - category C) applies to each offence against this Division.

Part 7.6 - Bribery and related offences

Division 140 - Preliminary

140.1 Definition

In this Part:

benefit includes any advantage and is not limited to property.

140.2 Obtaining

(1) For the purposes of this Part, a person is taken to have obtained a benefit for another person if the first-mentioned person induces a third person to do something that results in the other person obtaining the benefit.

(2) The definition of obtaining in section 130.1 does not apply to this Part.

Division 141 - Bribery

141.1 Bribery of a Commonwealth public official

Giving a bribe

(1) A person is guilty of an offence if:

(a) the person dishonestly:

(i) provides a benefit to another person; or

(ii) causes a benefit to be provided to another person; or

(iii) offers to provide, or promises to provide, a benefit to another person; or

(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and

(b) the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official's duties as a public official; and

(c) the public official is a Commonwealth public official; and

(d) the duties are duties as a Commonwealth public official.

Penalty: Imprisonment for 10 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:

(a) that the official was a Commonwealth public official; or

(b) that the duties were duties as a Commonwealth public official.

Receiving a bribe

(3) A Commonwealth public official is guilty of an offence if:

(a) the official dishonestly:

(i) asks for a benefit for himself, herself or another person; or

(ii) receives or obtains a benefit for himself, herself or another person; or

(iii) agrees to receive or obtain a benefit for himself, herself or another person; and

(b) the official does so with the intention:

(i) that the exercise of the official's duties as a Commonwealth public official will be influenced; or

(ii) of inducing, fostering or sustaining a belief that the exercise of the official's duties as a Commonwealth public official will be influenced.

Penalty: Imprisonment for 10 years.

Geographical jurisdiction

(4) Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against subsection (1) or (3).

Division 142 - Offences relating to bribery

142.1 Corrupting benefits given to, or received by, a Commonwealth public official

Giving a corrupting benefit

(1) A person is guilty of an offence if:

(a) the person dishonestly:

(i) provides a benefit to another person; or

(ii) causes a benefit to be provided to another person; or

(iii) offers to provide, or promises to provide, a benefit to another person; or

(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and

(b) the receipt, or expectation of the receipt, of the benefit would tend to influence a public official (who may be the other person) in the exercise of the official's duties as a public official; and

(c) the public official is a Commonwealth public official; and

(d) the duties are duties as a Commonwealth public official.

Penalty: Imprisonment for 5 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:

(a) that the official was a Commonwealth public official; or

(b) that the duties were duties as a Commonwealth public official.

Receiving a corrupting benefit

(3) A Commonwealth public official is guilty of an offence if:

(a) the official dishonestly:

(i) asks for a benefit for himself, herself or another person; or

(ii) receives or obtains a benefit for himself, herself or another person; or

(iii) agrees to receive or obtain a benefit for himself, herself or another person; and

(b) the receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first-mentioned official) in the exercise of the official's duties as a Commonwealth public official.

Penalty: Imprisonment for 5 years.

Benefit in the nature of a reward

(4) For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.

142.2 Abuse of public office

(1) A Commonwealth public official is guilty of an offence if:

(a) the official:

(i) exercises any influence that the official has in the official's capacity as a Commonwealth public official; or

(ii) engages in any conduct in the exercise of the official's duties as a Commonwealth public official; or

(iii) uses any information that the official has obtained in the official's capacity as a Commonwealth public official; and

(b) the official does so with the intention of:

(i) dishonestly obtaining a benefit for himself or herself or for another person; or

(ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 5 years.

(2) A person is guilty of an offence if:

(a) the person has ceased to be a Commonwealth public official in a particular capacity; and

(b) the person uses any information that the person obtained in that capacity as a Commonwealth public official; and

(c) the person does so with the intention of:

(i) dishonestly obtaining a benefit for himself or herself or for another person; or

(ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 5 years.

(3) Paragraph (2)(a) applies to a cessation by a person:

(a) whether or not the person continues to be a Commonwealth public official in some other capacity; and

(b) whether the cessation occurred before, at or after the commencement of this section.

142.3 Geographical jurisdiction

Section 15.4 (extended geographical jurisdiction - category D) applies to each offence against this Division.

Part 7.7 - Forgery and related offences

Division 143 - Preliminary

143.1 Definitions

(1) In this Part:

document includes:

(a) any paper or other material on which there is writing; or

(b) any paper or other material on which there are marks, figures, symbols or perforations that are:

(i) capable of being given a meaning by persons qualified to interpret them; or

(ii) capable of being responded to by a computer, a machine or an electronic device; or

(c) any article or material (for example, a disk or a tape) from which information is capable of being reproduced with or without the aid of any other article or device.

false Commonwealth document has the meaning given by section 143.3.

false document has the meaning given by section 143.2.

information means information, whether in the form of data, text, sounds, images or in any other form.

(2) The following are examples of things covered by the definition of document in subsection (1):

(a) a credit card;

(b) a debit card;

(c) a card by means of which property can be obtained.

143.2 False documents

(1) For the purposes of this Part, a document is a false document if, and only if:

(a) the document, or any part of the document:

(i) purports to have been made in the form in which it is made by a person who did not make it in that form; or

(ii) purports to have been made in the form in which it is made on the authority of a person who did not authorise its making in that form; or

(b) the document, or any part of the document:

(i) purports to have been made in the terms in which it is made by a person who did not make it in those terms; or

(ii) purports to have been made in the terms in which it is made on the authority of a person who did not authorise its making in those terms; or

(c) the document, or any part of the document:

(i) purports to have been altered in any respect by a person who did not alter it in that respect; or

(ii) purports to have been altered in any respect on the authority of a person who did not authorise its alteration in that respect; or

(d) the document, or any part of the document:

(i) purports to have been made or altered by a person who did not exist; or

(ii) purports to have been made or altered on the authority of a person who did not exist; or

(e) the document, or any part of the document, purports to have been made or altered on a date on which, at a time at which, at a place at which, or otherwise in circumstances in which, it was not made or altered.

(2) For the purposes of this Part, a person is taken to make a false document if the person alters a document so as to make it a false document (whether or not it was already a false document before the alteration).

(3) This section has effect as if a document that purports to be a true copy of another document were the original document.

143.3 False Commonwealth documents

(1) For the purposes of this Part, a document is a false Commonwealth document if, and only if:

(a) the document, or any part of the document:

(i) purports to have been made in the form in which it is made by a Commonwealth entity, or a Commonwealth public official, who did not make it in that form; or

(ii) purports to have been made in the form in which it is made on the authority of a Commonwealth entity, or a Commonwealth public official, who did not authorise its making in that form; or

(b) the document, or any part of the document:

(i) purports to have been made in the terms in which it is made by a Commonwealth entity, or a Commonwealth public official, who did not make it in those terms; or

(ii) purports to have been made in the terms in which it is made on the authority of a Commonwealth entity, or a Commonwealth public official, who did not authorise its making in those terms; or

(c) the document, or any part of the document:

(i) purports to have been altered in any respect by a Commonwealth entity, or a Commonwealth public official, who did not alter it in that respect; or

(ii) purports to have been altered in any respect on the authority of a Commonwealth entity, or a Commonwealth public official, who did not authorise its alteration in that respect; or

(d) the document, or any part of the document:

(i) purports to have been made or altered by a Commonwealth entity, or a Commonwealth public official, who did not exist; or

(ii) purports to have been made or altered on the authority of a Commonwealth entity, or a Commonwealth public official, who did not exist; or

(e) the document, or any part of the document, purports to have been made or altered by a Commonwealth entity, or a Commonwealth public official, on a date on which, at a time at which, at a place at which, or otherwise in circumstances in which, it was not made or altered.

(2) For the purposes of this Part, a person is taken to make a false Commonwealth document if the person alters a document so as to make it a false Commonwealth document (whether or not it was already a false Commonwealth document before the alteration).

(3) This section has effect as if a document that purports to be a true copy of another document were the original document.

(4) A reference in this section to a Commonwealth public official is a reference to a person in the person's capacity as a Commonwealth public official.

143.4 Inducing acceptance of false documents

If it is necessary for the purposes of this Part to prove an intent to induce a person in the person's capacity as a public official to accept a false document as genuine, it is not necessary to prove that the defendant intended so to induce a particular person in the person's capacity as a public official.

Division 144 - Forgery

144.1 Forgery

(1) A person is guilty of an offence if:

(a) the person makes a false document with the intention that the person or another will use it:

(i) to dishonestly induce a third person in the third person's capacity as a public official to accept it as genuine; and

(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b) the capacity is a capacity as a Commonwealth public official.

Penalty: Imprisonment for 10 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

(3) A person is guilty of an offence if:

(a) the person makes a false document with the intention that the person or another will use it:

(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b) the response is in connection with the operations of a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

(5) A person is guilty of an offence if:

(a) the person makes a false document with the intention that the person or another will use it:

(i) to dishonestly induce a third person to accept it as genuine; and

(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(7) A person is guilty of an offence if:

(a) the person makes a false document with the intention that the person or another will use it:

(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(9) Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against subsection (1), (3), (5) or (7).

Division 145 - Offences relating to forgery

145.1 Using forged document

(1) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:

(i) dishonestly inducing another person in the other person's capacity as a public official to accept it as genuine; and

(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the capacity is a capacity as a Commonwealth public official.

Penalty: Imprisonment for 10 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

(3) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:

(i) dishonestly causing a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii) if it is so responded to, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the response is in connection with the operations of a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

(5) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:

(i) dishonestly inducing another person to accept it as genuine; and

(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(7) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:

(i) dishonestly causing a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii) if it is so responded to, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

145.2 Possession of forged document

(1) A person is guilty of an offence if:

(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:

(i) to dishonestly induce a third person in the third person's capacity as a public official to accept it as genuine; and

(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b) the capacity is a capacity as a Commonwealth public official.

Penalty: Imprisonment for 10 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

(3) A person is guilty of an offence if:

(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:

(i) to cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b) the response is in connection with the operations of a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

(5) A person is guilty of an offence if:

(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:

(i) to dishonestly induce a third person to accept it as genuine; and

(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(7) A person is guilty of an offence if:

(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:

(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

145.3 Possession, making or adaptation of devices etc. for making forgeries

(1) A person is guilty of an offence if:

(a) the person knows that a device, material or other thing is designed or adapted for the making of a false document (whether or not the device, material or thing is designed or adapted for another purpose); and

(b) the person has the device, material or thing in his or her possession with the intention that the person or another person will use it to commit an offence against section 144.1.

Penalty: Imprisonment for 10 years.

(2) A person is guilty of an offence if:

(a) the person makes or adapts a device, material or other thing; and

(b) the person knows that the device, material or other thing is designed or adapted for the making of a false document (whether or not the device, material or thing is designed or adapted for another purpose); and

(c) the person makes or adapts the device, material or thing with the intention that the person or another person will use it to commit an offence against section 144.1.

Penalty: Imprisonment for 10 years.

(3) A person is guilty of an offence if:

(a) the person knows that a device, material or other thing is designed or adapted for the making of a false Commonwealth document (whether or not the device, material or thing is designed or adapted for another purpose); and

(b) the person has the device, material or thing in his or her possession; and

(c) the person does not have a reasonable excuse for having the device, material or thing in his or her possession.

Penalty: Imprisonment for 2 years.

Note: A defendant bears an evidential burden in relation to the matter in paragraph (3)(c). See subsection 13.3(3).

(4) A person is guilty of an offence if:

(a) the person makes or adapts a device, material or other thing; and

(b) the person knows that the device, material or other thing is designed or adapted for the making of a false Commonwealth document (whether or not the device, material or thing is designed or adapted for another purpose).

Penalty: Imprisonment for 2 years.

Note: See also section 10.5 (lawful authority).

145.4 Falsification of documents etc.

(1) A person is guilty of an offence if:

(a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and

(b) the document is:

(i) kept, retained or issued for the purposes of a law of the Commonwealth; or

(ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or

(iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and

(c) the first-mentioned person does so with the intention of:

(i) obtaining a gain; or

(ii) causing a loss.

Penalty: Imprisonment for 7 years.

(1A) Absolute liability applies to the paragraph (1)(b) element of the offence.

(2) A person is guilty of an offence if:

(a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and

(b) the person does so with the intention of:

(i) obtaining a gain from another person; or

(ii) causing a loss to another person; and

(c) the other person is a Commonwealth entity.

Penalty: Imprisonment for 7 years.

(3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

145.5 Giving information derived from false or misleading documents

(1) A person is guilty of an offence if:

(a) the person dishonestly gives information to another person; and

(b) the information was derived, directly or indirectly, from a document that, to the knowledge of the first-mentioned person, is false or misleading in a material particular; and

(c) the document is:

(i) kept, retained or issued for the purposes of a law of the Commonwealth; or

(ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or

(iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and

(d) the first-mentioned person does so with the intention of:

(i) obtaining a gain; or

(ii) causing a loss.

Penalty: Imprisonment for 7 years.

(1A) Absolute liability applies to the paragraph (1)(c) element of the offence.

(2) A person is guilty of an offence if:

(a) the person dishonestly gives information to another person; and

(b) the information was derived, directly or indirectly, from a document that, to the knowledge of the first-mentioned person, is false or misleading in a material particular; and

(c) the first-mentioned person does so with the intention of:

(i) obtaining a gain from another person; or

(ii) causing a loss to another person; and

(d) the other person is a Commonwealth entity.

Penalty: Imprisonment for 7 years.

(3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

145.6 Geographical jurisdiction

Section 15.4 (extended geographical jurisdiction - category D) applies to each offence against this Division.

Part 7.8 - Causing harm to, and impersonation and obstruction of, Commonwealth public officials

Division 146 - Preliminary

146.1 Definitions

In this Part:

Commonwealth law enforcement officer means a person who is:

(a) a member or special member of the Australian Federal Police; or

(b) a member of the National Crime Authority; or

(c) a member of the staff of the National Crime Authority; or

(d) the Chief Executive Officer of Customs; or

(e) a person employed in the Australian Customs Service.

fear includes apprehension.

harm means:

(a) physical harm (whether temporary or permanent); or

(b) harm to a person's mental health (whether temporary or permanent);

but does not include being subjected to a force or impact that is within the limits of what is reasonably acceptable as incidental to:

(c) social interaction; or

(d) life in the community.

harm to a person's mental health includes significant psychological harm to the person, but does not include a reference to ordinary emotional reactions (for example, distress, grief, fear or anger).

physical harm includes:

(a) unconsciousness; and

(b) pain; and

(c) disfigurement; and

(d) infection with a disease; and

(e) any physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).

serious harm means any harm (including the cumulative effect of more than one harm) that:

(a) endangers, or is likely to endanger, a person's life; or

(b) is, or is likely to be, significant and longstanding.

146.2 Causing harm

For the purposes of this Part, a person's conduct is taken to cause harm if it substantially contributes to harm.

Division 147 - Causing harm to Commonwealth public officials

147.1 Causing harm to a Commonwealth public official etc.

Causing harm to a Commonwealth public official

(1) A person (the first person ) is guilty of an offence if:

(a) the first person engages in conduct; and

(b) the first person's conduct causes harm to a public official; and

(c) the first person intends that his or her conduct cause harm to the official; and

(d) the harm is caused without the consent of the official; and

(e) the first person engages in his or her conduct because of:

(i) the official's status as a public official; or

(ii) any conduct engaged in by the official in the official's capacity as a public official; and

(ea) the public official is a Commonwealth public official; and

(eb) if subparagraph (e)(i) applies - the status mentioned in that subparagraph was status as a Commonwealth public official; and

(ec) if subparagraph (e)(ii) applies - the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.

Penalty:

(f) if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer - imprisonment for 13 years; or

(g) in any other case - imprisonment for 10 years.

(1A) Absolute liability applies to the paragraphs (1)(ea), (eb) and (ec) elements of the offence.

Causing harm to a former Governor-General, former Minister or former Parliamentary Secretary

(2) A person (the first person ) is guilty of an offence if:

(a) the first person engages in conduct; and

(b) the first person's conduct causes harm to another person; and

(c) the other person is a former Governor-General, a former Minister or a former Parliamentary Secretary; and

(d) the first person intends that his or her conduct cause harm to the other person; and

(e) the harm is caused without the consent of the other person; and

(f) the first person engages in his or her conduct because of:

(i) the other person's status as a former Governor-General, former Minister or former Parliamentary Secretary; or

(ii) any conduct engaged in by the other person in the other person's former capacity as a Governor-General, Minister or Parliamentary Secretary.

Penalty: Imprisonment for 10 years.

147.2 Threatening to cause harm to a Commonwealth public official etc.

Threatening to cause serious harm

(1) A person (the first person ) is guilty of an offence if:

(a) the first person makes to another person (the second person ) a threat to cause serious harm to the second person or to a third person; and

(b) the second person or the third person is a public official; and

(c) the first person:

(i) intends the second person to fear that the threat will be carried out; or

(ii) is reckless as to causing the second person to fear that the threat will be carried out; and

(d) the first person makes the threat because of:

(i) the official's status as a public official; or

(ii) any conduct engaged in by the official in the official's capacity as a public official; and

(da) the official is a Commonwealth public official; and

(db) if subparagraph (d)(i) applies - the status mentioned in that subparagraph was status as a Commonwealth public official; and

(dc) if subparagraph (d)(ii) applies - the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.

Penalty:

(e) if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer - imprisonment for 9 years; or

(f) in any other case - imprisonment for 7 years.

(1A) Absolute liability applies to the paragraphs (1)(da), (db) and (dc) elements of the offence.

Threatening to cause harm

(2) A person (the first person ) is guilty of an offence if:

(a) the first person makes to another person (the second person ) a threat to cause harm to the second person or to a third person; and

(b) the second person or the third person is a public official; and

(c) the first person:

(i) intends the second person to fear that the threat will be carried out; or

(ii) is reckless as to causing the second person to fear that the threat will be carried out; and

(d) the first person makes the threat because of:

(i) the official's status as a public official; or

(ii) any conduct engaged in by the official in the official's capacity as a public official; and

(e) the official is a Commonwealth public official; and

(f) if subparagraph (d)(i) applies - the status mentioned in that subparagraph was status as a Commonwealth public official; and

(g) if subparagraph (d)(ii)applies - the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.

Penalty: Imprisonment for 2 years

(2A) Absolute liability applies to the paragraphs (2)(e), (f) and (g) elements of the offence.

Threatening to cause serious harm to a former Governor-General, former Minister or former Parliamentary Secretary

(3) A person (the first person ) is guilty of an offence if:

(a) the first person makes to another person (the second person ) a threat to cause serious harm to the second person or to a third person; and

(b) the second person or the third person is a former Governor-General, a former Minister or a former Parliamentary Secretary; and

(c) the first person:

(i) intends the second person to fear that the threat will be carried out; or

(ii) is reckless as to causing the second person to fear that the threat will be carried out; and

(d) the first person makes the threat because of:

(i) the second or third person's status as a former Governor-General, a former Minister or a former Parliamentary Secretary; or

(ii) any conduct engaged in by the second or third person in the second or third person's former capacity as a Governor-General, a Minister or a Parliamentary Secretary.

Penalty: Imprisonment for 7 years.

Threats

(4) For the purposes of this section, a threat may be:

(a) express or implied; or

(b) conditional or unconditional.

Unnecessary to prove that a threatened person actually feared harm

(5) In a prosecution for an offence against this section, it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

147.3 Geographical jurisdiction

Section 15.3 (extended geographical jurisdiction - category C) applies to each offence against this Division.

Division 148 - Impersonation of Commonwealth public officials

148.1 Impersonation of an official by a non-official

(1) A person other than a Commonwealth public official is guilty of an offence if:

(a) on a particular occasion, the person impersonates another person in that other person's capacity as a Commonwealth public official; and

(b) the first-mentioned person does so knowing it to be in circumstances when the official is likely to be on duty; and

(c) the first-mentioned person does so with intent to deceive.

Penalty: Imprisonment for 2 years.

(2) A person other than a Commonwealth public official is guilty of an offence if:

(a) the person falsely represents himself or herself to be another person in that other person's capacity as a Commonwealth public official; and

(b) the first-mentioned person does so in the course of doing an act, or attending a place, in the assumed character of that official.

Penalty: Imprisonment for 2 years.

(2A) For the purposes of subsection (2), it is immaterial:

(a) whether the other person exists or is fictitious; and

(b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.

(3) A person other than a Commonwealth public official is guilty of an offence if:

(a) the person:

(i) impersonates another person in that other person's capacity as a Commonwealth public official; or

(ii) falsely represents himself or herself to be a another person in that other person's capacity as a Commonwealth public official; and

(b) the first-mentioned person does so with the intention of:

(i) obtaining a gain; or

(ii) causing a loss; or

(iii) influencing the exercise of a public duty or function; and

(c) if subparagraph (a)(i) applies - the first-mentioned person also does so with intent to deceive.

Penalty: Imprisonment for 5 years.

(3A) For the purposes of subparagraph (3)(a)(ii), it is immaterial:

(a) whether the other person exists or is fictitious; and

(b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.

(4) The definition of duty in section 130.1 does not apply to this section.

(5) To avoid doubt, for the purposes of this section:

(a) impersonation does not include conduct engaged in solely for satirical purposes; and

(b) false representation does not include conduct engaged in solely for satirical purposes.

148.2 Impersonation of an official by another official

(1) A Commonwealth public official is guilty of an offence if:

(a) on a particular occasion, the official impersonates another person in that other person's capacity as a Commonwealth public official; and

(b) the first-mentioned official does so knowing it to be in circumstances when the other official is likely to be on duty; and

(c) the first-mentioned official does so with intent to deceive.

Penalty: Imprisonment for 2 years.

(2) A Commonwealth public official is guilty of an offence if:

(a) the official falsely represents himself or herself to be another person in the other person's capacity as a Commonwealth public official; and

(b) the first-mentioned official does so in the course of doing an act, or attending a place, in the assumed character of the other official.

Penalty: Imprisonment for 2 years.

(2A) For the purposes of subsection (2), it is immaterial:

(a) whether the other person exists or is fictitious; and

(b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.

(3) A Commonwealth public official is guilty of an offence if:

(a) the official:

(i) impersonates another person in the other person's capacity as a Commonwealth public official; or

(ii) falsely represents himself or herself to be another person in the other person's capacity as a Commonwealth public official; and

(b) the first-mentioned official does so with the intention of:

(i) obtaining a gain; or

(ii) causing a loss; or

(iii) influencing the exercise of a public duty or function; and

(c) if subparagraph (a)(i) applies - the first-mentioned official also does so with intent to deceive.

Penalty: Imprisonment for 5 years.

(3A) For the purposes of subparagraph (3)(a)(ii), it is immaterial:

(a) whether the other person exists or is fictitious; and

(b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.

(4) The definition of duty in section 130.1 does not apply to this section.

(5) To avoid doubt, for the purposes of this section:

(a) impersonation does not include conduct engaged in solely for satirical purposes; and

(b) false representation does not include conduct engaged in solely for satirical purposes.

148.3 Geographical jurisdiction

Section 15.3 (extended geographical jurisdiction - category C) applies to each offence against this Division.

Division 149 - Obstruction of Commonwealth public officials

149.1 Obstruction of Commonwealth public officials

(1) A person is guilty of an offence if:

(a) the person knows that another person is a public official; and

(b) the first-mentioned person obstructs, hinders, intimidates or resists the official in the performance of the official's functions; and

(c) the official is a Commonwealth public official; and

(d) the functions are functions as a Commonwealth public official.

Penalty: Imprisonment for 2 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:

(a) that the official was a Commonwealth public official; or

(b) that the functions were functions as a Commonwealth public official.

(3) For the purposes of this section, it is immaterial whether the defendant was aware that the public official was performing the official's functions.

(4) Section 15.3 (extended geographical jurisdiction - category C) applies to an offence against subsection (1).

(5) The definition of duty in section 130.1 does not apply to this section.

(6) In this section:

function :

(a) in relation to a person who is a public official - means any authority, duty, function or power that is conferred on the person as a public official; or

(b) in relation to a person who is a Commonwealth public official - means any authority, duty, function or power that is conferred on the person as a Commonwealth public official.

Part 7.20 - Miscellaneous

Division 261 - Miscellaneous

261.1 Saving of other laws

This Chapter is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

261.2 Contempt of court

This Chapter does not limit the power of a court to punish a contempt of the court.

261.3 Ancillary offences

To avoid doubt, subsection 11.6(2) does not apply to the following provisions:

(a) subsection 131.1(2) (theft);

(b) subsection 132.1(2) (receiving);

(c) subsection 132.2(2) (robbery);

(d) subsection 132.3(2) (aggravated robbery);

(e) subsections 132.4(2), (5) and (9) (burglary);

(f) subsection 132.5(2) (aggravated burglary);

(g) the definitions of aggravated burglary , aggravated robbery , burglary , receiving , robbery and theft in the Dictionary.

16   The Schedule (before the Dictionary in the Criminal Code)

Insert:

Chapter 10 - National infrastructure

Part 10.5 - Postal services

Division 470 - Preliminary

470.1 Definitions

In this Part:

article has the same meaning as in the Australian Postal Corporation Act 1989.

article in the course of post means an article that is being carried by post, and includes an article that has been collected or received by or on behalf of Australia Post for carriage by post, but has not been delivered by or on behalf of Australia Post.

Australia Post means the Australian Postal Corporation.

carry , in relation to an article, has the same meaning as in the Australian Postal Corporation Act 1989.

carry by post has the same meaning as in the Australian Postal Corporation Act 1989.

mail-receptacle means a mail-bag, package, parcel, container, wrapper, receptacle or similar thing that:

(a) belongs to, or is in the possession of, Australia Post; and

(b) is used, or intended for use, in the carriage of articles by post (whether or not it actually contains such articles).

postage stamp has the same meaning as in the Australian Postal Corporation Act 1989.

postal message means:

(a) a material record of an unwritten communication:

(i) carried by post; or

(ii) collected or received by Australia Post for carriage by post; or

(b) a material record issued by Australia Post as a record of an unwritten communication:

(i) carried by post; or

(ii) collected or received by Australia Post for carriage by post.

property has the same meaning as in Chapter 7.

unwritten communication has the same meaning as in the Australian Postal Corporation Act 1989.

470.2 Dishonesty

For the purposes of this Part, dishonest means:

(a) dishonest according to the standards of ordinary people; and

(b) known by the defendant to be dishonest according to the standards of ordinary people.

470.3 Determination of dishonesty to be a matter for the trier of fact

In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.

Division 471 - Postal offences

471.1 Theft of mail-receptacles, articles or postal messages

(1) A person is guilty of an offence if:

(a) the person dishonestly appropriates:

(i) a mail-receptacle; or

(ii) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or

(iii) a postal message; and

(b) the person does so with the intention of permanently depriving another person of the mail-receptacle, article or postal message.

Penalty: Imprisonment for 10 years.

Dishonesty

(2) For the purposes of this section, a person's appropriation of a mail-receptacle, article or postal message may be dishonest even if the person or another person is willing to pay for the mail-receptacle, article or postal message.

Intention of permanently depriving a person of a mail-receptacle, article or postal message

(3) For the purposes of this section, if:

(a) a person appropriates a mail-receptacle, article or postal message without meaning another permanently to lose the thing itself; and

(b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights;

the person has the intention of permanently depriving the other of it.

(4) For the purposes of subsection (3), a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

471.2 Receiving stolen mail-receptacles, articles or postal messages

(1) A person is guilty of an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.

Penalty: Imprisonment for 10 years.

Stolen property

(2) For the purposes of this section, property is stolen property if, and only if:

(a) it is original stolen property (as defined by subsection (3)); or

(b) it is tainted property (as defined by subsection (5)).

This subsection has effect subject to subsection (4).

Original stolen property

(3) For the purposes of this section, original stolen property is property, or a part of property, that:

(a) was appropriated in the course of an offence against section 471.1 (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and

(b) is in the possession or custody of the person who so appropriated the property.

(4) For the purposes of this section, property ceases to be original stolen property:

(a) after the property is restored:

(i) to the person from whom it was appropriated; or

(ii) to other lawful possession or custody; or

(b) after:

(i) the person from whom the property was appropriated ceases to have any right to restitution in respect of the property; or

(ii) a person claiming through the person from whom the property was appropriated ceases to have any right to restitution in respect of the property.

Tainted property

(5) For the purposes of this section, tainted property is property that:

(a) is (in whole or in part) the proceeds of sale of, or property exchanged for, original stolen property; and

(b) is in the possession or custody of the person who so appropriated the original stolen property.

Alternative verdicts

(6) If, in a prosecution for an offence against section 471.1, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against this section, the trier of fact may find the defendant not guilty of the offence against section 471.1 but guilty of the offence against this section, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

(7) If, in a prosecution for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against section 471.1, the trier of fact may find the defendant not guilty of the offence against this section but guilty of the offence against section 471.1, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Receiving stolen property before commencement

(8) For the purposes of this section:

(a) it is to be assumed that section 471.1 had been in force at all times before the commencement of this section; and

(b) property that was appropriated at a time before the commencement of this section does not become stolen property unless the property was appropriated in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth in force at that time.

471.3 Taking or concealing of mail-receptacles, articles or postal messages

A person is guilty of an offence if the person dishonestly takes or conceals:

(a) a mail-receptacle; or

(b) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or

(c) a postal message.

Penalty: Imprisonment for 5 years.

471.4 Dishonest removal of postage stamps or postmarks

A person is guilty of an offence if the person dishonestly:

(a) removes any postage stamp affixed to, or printed on, an article; or

(b) removes any postmark from a postage stamp that has previously been used for postal services.

Penalty: Imprisonment for 12 months.

471.5 Dishonest use of previously used, defaced or obliterated stamps

(1) A person is guilty of an offence if the person dishonestly uses for postal services a postage stamp:

(a) that has previously been used for postal services; or

(b) that has been obliterated; or

(c) that has been defaced.

Penalty: Imprisonment for 12 months.

(2) If, in proceedings for an offence against subsection (1), it is proved that the defendant caused an article to or on which was affixed or printed a postage stamp:

(a) that had previously been used for postal services; or

(b) that had been obliterated; or

(c) that had been defaced;

to be carried by post, it is presumed, in the absence of evidence to the contrary, that the defendant used the stamp for postal services.

(3) The burden of proof in respect of evidence to the contrary is an evidential burden of proof.

471.6 Damaging or destroying mail-receptacles, articles or postal messages

(1) A person is guilty of an offence if:

(a) the person engages in conduct; and

(b) the person's conduct causes damage to, or the destruction of:

(i) a mail-receptacle; or

(ii) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or

(iii) a postal message; and

(c) the person:

(i) intends that his or her conduct cause that damage; or

(ii) is reckless as to whether his or her conduct causes that damage.

Penalty: Imprisonment for 10 years.

(2) For the purposes of this section, a person's conduct is taken to cause the destruction of a thing if the person's conduct causes the physical loss of the thing by interfering with the thing (including by removing any restraint over the thing or abandoning the thing).

(3) For the purposes of this section, a person's conduct is taken to cause damage to a thing if:

(a) the person's conduct causes any loss of a use of the function of the thing by interfering with the thing; or

(b) the person's conduct causes the thing to be defaced.

471.7 Tampering with mail-receptacles

(1) A person is guilty of an offence if the person dishonestly:

(a) opens a mail-receptacle; or

(b) tampers with a mail-receptacle.

Penalty: Imprisonment for 5 years.

(2) A person is guilty of an offence if:

(a) the person intentionally opens a mail-receptacle; and

(b) the person is not authorised by Australia Post to open the mail-receptacle; and

(c) the person does so knowing that he or she is not authorised by Australia Post to open the mail-receptacle.

Penalty: Imprisonment for 2 years.

471.8 Dishonestly obtaining delivery of articles

A person is guilty of an offence if the person dishonestly obtains delivery of, or receipt of, an article in the course of post that is not directed to the person.

Penalty: Imprisonment for 5 years.

471.9 Geographical jurisdiction

Section 15.3 (extended geographical jurisdiction - category C) applies to each offence against this Part.

Division 472 - Miscellaneous

472.1 Saving of other laws

This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

472.2 Interpretation of other laws

In determining the meaning of a provision of:

(a) Part VIIA of the Crimes Act 1914; or

(b) the Australian Postal Corporation Act 1989;

this Part is to be disregarded.

Part 10.6 - Telecommunications

Division 473 - Preliminary

473.1 Definitions

In this Part:

loss means a loss in property, whether temporary or permanent, and includes not getting what one might get.

obtaining includes:

(a) obtaining for another person; and

(b) inducing a third person to do something that results in another person obtaining.

property has the same meaning as in Chapter 7.

carriage service has the same meaning as in the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

473.2 Dishonesty

For the purposes of this Part, dishonest means:

(a) dishonest according to the standards of ordinary people; and

(b) known by the defendant to be dishonest according to the standards of ordinary people.

473.3 Determination of dishonesty to be a matter for the trier of fact

In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.

Division 474 - Telecommunications offences

474.1 General dishonesty with respect to a carriage service provider

Obtaining a gain

(1) A person is guilty of an offence if the person does anything with the intention of dishonestly obtaining a gain from a carriage service provider by way of the supply of a carriage service.

Penalty: Imprisonment for 5 years.

Causing a loss

(2) A person is guilty of an offence if the person does anything with the intention of dishonestly causing a loss to a carriage service provider in connection with the supply of a carriage service.

Penalty: Imprisonment for 5 years.

(3) A person is guilty of an offence if:

(a) the person dishonestly causes a loss, or dishonestly causes a risk of loss, to a carriage service provider in connection with the supply of a carriage service; and

(b) the person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring.

Penalty: Imprisonment for 5 years.

Division 475 - Miscellaneous

475.1 Saving of other laws

This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

17   The Dictionary in the Criminal Code

Insert:

aggravated burglary means an offence against section 132.5.

18   The Dictionary in the Criminal Code

Insert:

aggravated robbery means an offence against section 132.3.

19   The Dictionary in the Criminal Code

Insert:

ancillary offence means:

(a) an offence against section 11.1, 11.4 or 11.5; or

(b) an offence against a law of the Commonwealth, to the extent to which the offence arises out of the operation of section 11.2 or 11.3.

20   The Dictionary in the Criminal Code

Insert:

Australian aircraft means:

(a) an aircraft registered, or required to be registered, under the Civil Aviation Regulations as an Australian aircraft; or

(b) an aircraft (other than a defence aircraft) that is owned by, or in the possession or control of, a Commonwealth entity; or

(c) a defence aircraft.

21   The Dictionary in the Criminal Code

Insert:

Australian ship means:

(a) a ship registered, or required to be registered, under the Shipping Registration Act 1981; or

(b) an unregistered ship that has Australian nationality; or

(c) a defence ship.

22   The Dictionary in the Criminal Code

Insert:

burglary means an offence against section 132.4.

23   The Dictionary in the Criminal Code

Insert:

Commonwealth authority means a body established by or under a law of the Commonwealth, but does not include:

(a) a body established by or under:

(i) the Aboriginal Councils and Associations Act 1976; or

(ii) the Australian Capital Territory (Self-Government) Act 1988; or

(iii) the Corporations Law of the Australian Capital Territory; or

(iv) the Norfolk Island Act 1979; or

(v) the Northern Territory (Self-Government) Act 1978; or

(vi) Part IX of the Workplace Relations Act 1996; or

(b) a body specified in the regulations.

24   The Dictionary in the Criminal Code

Insert:

Commonwealth contract means a contract, to which a Commonwealth entity is a party, under which services are to be, or were to be, provided to a Commonwealth entity.

25   The Dictionary in the Criminal Code

Insert:

Commonwealth entity means:

(a) the Commonwealth; or

(b) a Commonwealth authority.

26   The Dictionary in the Criminal Code

Insert:

Commonwealth judicial officer means:

(a) a Justice of the High Court; or

(b) a judge or justice of a court created by the Parliament (other than the Federal Magistrates Court); or

(c) a Federal Magistrate; or

(d) a registrar or other officer of the High Court; or

(e) a judicial registrar, registrar or other officer of a court created by the Parliament; or

(f) a judge, justice, magistrate or other judicial officer of a court of a State or Territory who acts in the exercise of federal jurisdiction; or

(g) a judicial registrar, registrar or other officer of a court of a State or Territory who exercises powers, or performs functions, incidental to the exercise of federal jurisdiction; or

(h) a judge, justice, magistrate or other judicial officer of a court of a State or Territory who acts in the exercise of jurisdiction under a law in force in a Territory (other than the Australian Capital Territory, the Northern Territory or the Territory of Norfolk Island); or

(i) a judicial registrar, registrar or other officer of a court of a State or Territory who exercises powers, or performs functions, incidental to the exercise of jurisdiction under a law in force in a Territory (other than the Australian Capital Territory, the Northern Territory or the Territory of Norfolk Island).

27   The Dictionary in the Criminal Code

Insert:

Commonwealth public official means:

(a) the Governor-General; or

(b) a person appointed to administer the Government of the Commonwealth under section 4 of the Constitution; or

(c) a Minister; or

(d) a Parliamentary Secretary; or

(e) a member of either House of the Parliament; or

(f) an individual who holds an appointment under section 67 of the Constitution; or

(g) the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or

(h) the Administrator, an Acting Administrator, or a Deputy Administrator, of Norfolk Island; or

(i) a Commonwealth judicial officer; or

(j) an APS employee; or

(k) an individual employed by the Commonwealth otherwise than under the Public Service Act 1999; or

(l) a member of the Australian Defence Force; or

(m) a member or special member of the Australian Federal Police; or

(n) an individual who holds or performs the duties of an office established by or under a law of the Commonwealth, other than:

(i) the Aboriginal Councils and Associations Act 1976; or

(ii) the Australian Capital Territory (Self-Government) Act 1988; or

(iii) the Corporations Law of the Australian Capital Territory; or

(iv) the Norfolk Island Act 1979; or

(v) the Northern Territory (Self-Government) Act 1978; or

(vi) Part IX of the Workplace Relations Act 1996; or

(o) an officer or employee of a Commonwealth authority; or

(p) an individual who is a contracted service provider for a Commonwealth contract; or

(q) an individual who is an officer or employee of a contracted service provider for a Commonwealth contract and who provides services for the purposes (whether direct or indirect) of the Commonwealth contract; or

(r) an individual who exercises powers, or performs functions, conferred on the person by or under a law of the Commonwealth, other than:

(i) the Aboriginal Councils and Associations Act 1976; or

(ii) the Australian Capital Territory (Self-Government) Act 1988; or

(iii) the Corporations Law of the Australian Capital Territory; or

(iv) the Norfolk Island Act 1979; or

(v) the Northern Territory (Self-Government) Act 1978; or

(vi) Part IX of the Workplace Relations Act 1996; or

(vii) a provision specified in the regulations; or

(s) an individual who exercises powers, or performs functions, conferred on the person under a law in force in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands (whether the law is a law of the Commonwealth or a law of the Territory concerned); or

(t) the Registrar, or a Deputy Registrar, of Aboriginal Corporations.

28   The Dictionary in the Criminal Code

Insert:

contracted service provider , for a Commonwealth contract, means:

(a) a person who is a party to the Commonwealth contract and who is responsible for the provision of services to a Commonwealth entity under the Commonwealth contract; or

(b) a subcontractor for the Commonwealth contract.

29   The Dictionary in the Criminal Code

Insert:

defence aircraft means an aircraft of any part of the Australian Defence Force, and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.

30   The Dictionary in the Criminal Code

Insert:

defence ship means a ship of any part of the Australian Defence Force, and includes a ship that is being operated or commanded by a member of that Force in the course of his or her duties as such a member.

31   The Dictionary in the Criminal Code

Insert:

electronic communication means a communication of information:

(a) whether in the form of text; or

(b) whether in the form of data; or

(c) whether in the form of speech, music or other sounds; or

(d) whether in the form of visual images (animated or otherwise); or

(e) whether in any other form; or

(f) whether in any combination of forms;

by means of guided and/or unguided electromagnetic energy.

32   The Dictionary in the Criminal Code

Insert:

engage in conduct is defined in subsection 4.1(2).

33   The Dictionary in the Criminal Code

Insert:

foreign country includes:

(a) a colony or overseas territory; and

(b) a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; and

(c) a territory outside Australia that is to some extent self-governing, but that is not recognised as an independent sovereign state by Australia.

34   The Dictionary in the Criminal Code

Insert:

person includes a Commonwealth authority that is not a body corporate, and another has a corresponding meaning.

Note: This definition supplements paragraph 22(1)(a) of the Acts Interpretation Act 1901. That paragraph provides that person includes a body politic or corporate as well as an individual.

35   The Dictionary in the Criminal Code

Insert:

primary offence means an offence against a law of the Commonwealth, other than an ancillary offence.

36   The Dictionary in the Criminal Code

Insert:

public official includes:

(a) a Commonwealth public official; and

(b) an officer or employee of the Commonwealth or of a State or Territory; and

(c) an individual who performs work for the Commonwealth, or for a State or Territory, under a contract; and

(d) an individual who holds or performs the duties of an office established by a law of the Commonwealth or of a State or Territory; and

(e) an individual who is otherwise in the service of the Commonwealth or of a State or Territory (including service as a member of a military force or police force); and

(f) a member of the executive, judiciary or magistracy of the Commonwealth or of a State or Territory; and

(g) a member of the legislature of the Commonwealth or of a State or Territory; and

(h) an officer or employee of:

(i) an authority of the Commonwealth; or

(ii) an authority of a State or Territory.

37   The Dictionary in the Criminal Code

Insert:

receiving means an offence against section 132.1.

38   The Dictionary in the Criminal Code

Insert:

robbery means an offence against section 132.2.

39   The Dictionary in the Criminal Code

Insert:

services provided to a Commonwealth entity includes services that consist of the provision of services to other persons in connection with the performance of the Commonwealth entity's functions.

39A   The Dictionary in the Criminal Code

Insert:

special liability provision means:

(a) a provision that provides that absolute liability applies to one or more (but not all) of the physical elements of an offence; or

(b) a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew a particular thing; or

(c) a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew or believed a particular thing.

40   The Dictionary in the Criminal Code

Insert:

subcontractor , for a Commonwealth contract, means a person:

(a) who is a party to a contract (the subcontract ):

(i) with a contracted service provider for the Commonwealth contract (within the meaning of paragraph (a) of the definition of contracted service provider ); or

(ii) with a subcontractor for the Commonwealth contract (under a previous application of this definition); and

(b) who is responsible under the subcontract for the provision of services to a Commonwealth entity, or to a contracted service provider for the Commonwealth contract, for the purposes (whether direct or indirect) of the Commonwealth contract.

41   The Dictionary in the Criminal Code

Insert:

theft means an offence against section 131.1.

Schedule 2   Amendment of other laws

Part 1   Amendments

Aboriginal and Torres Strait Islander Commission Act 1989

1   Subsection 90(4)

Repeal the subsection, substitute:

(4) A reference in this section to an offence against this Act includes a reference to:

(a) an offence against section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914; or

(b) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;

where the offence relates to this Act.

2   Subsection 191(4)

Repeal the subsection, substitute:

(4) A reference in this section to an offence against this Act includes a reference to:

(a) an offence against section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914; or

(b) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;

where the offence relates to this Act.

3   Subsections 197(2) and (3)

Repeal the subsections.

4   Paragraph 199(9)(b)

Omit ", 7A, 29C or 29D", substitute "or 7A".

5   Paragraph 199(9)(b)

After "Crimes Act 1914", insert "or section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code".

6   At the end of section 199

Add:

(10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.

Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

Aboriginal Councils and Associations Act 1976

7   Subsection 39(6)

Repeal the subsection.

8   Subsection 60(6)

Repeal the subsection.

9   Subsection 60(7)

Omit "this section", substitute "this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".

10   Subsection 68(3)

Omit "subsection 69(2)", substitute "section 137.1 of the Criminal Code that relates to this section".

11   Subsection 69(2)

Repeal the subsection.

Aboriginal Land Rights (Northern Territory) Act 1976

12   Subsection 23A(3)

Repeal the subsection.

13   Subsection 23C(3)

Repeal the subsection.

14   Subsection 54(3)

Omit "or section 54B", substitute "of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".

15   Subsection 54A(3)

Omit "section 54B", substitute "an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".

16   Section 54B

Repeal the section.

Aged Care Act 1997

17   Section 93-3

Repeal the section.

18   Section 96-8

Repeal the section.

Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994

19   Subsection 18(2)

Omit "sections 70, 71, 72, 73, 74, 75 and 76", substitute "section 70".

20   Section 35

Repeal the section.

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

21   Section 37

Repeal the section.

Agricultural and Veterinary Chemicals (Administration) Act 1992

22   Subsection 69F(3)

Omit "sections 70, 71, 72, 73, 74, 75 and 76", substitute "section 70".

Air Navigation Regulations 1947

23   Regulation 124

Repeal the regulation.

Airports Act 1996

24   Part 17 (heading)

Repeal the heading, substitute:

Part 17 - Incorrect records

25   Section 226

Omit "make a false statement, or keep an incorrect record,", substitute "keep an incorrect record".

26   Section 227

Repeal the section.

27   Section 229

Repeal the section.

Antarctic Treaty (Environment Protection) Act 1980

28   Section 22

Repeal the section.

29   Section 23

Repeal the section.

Auditor-General Act 1997

30   At the end of subsection 33(3)

Add:

Note 3: Section 149.1 of the Criminal Code deals with obstruction of Commonwealth public officials.

31   Section 34

Repeal the section.

32   Section 35

Omit "or 34", substitute "of this Act or proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".

Australian Citizenship Act 1948

33   Paragraph 21(1A)(a)

Omit "section 29A, 29B or 29D of the Crimes Act 1914,", substitute "section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code,".

Australian Federal Police Act 1979

34   Section 12B (subparagraphs (a)(i) and (ii) of the definition of class 2 general offence)

Repeal the subparagraphs, substitute:

(i) section 137.2, 141.1, 142.1, 142.2, 145.4 or 145.5 of the Criminal Code; or

(ii) section 34, 37, 42, 43 or 44 of the Crimes Act 1914; or

35   Section 62

Repeal the section.

36   Paragraph 63(a)

Repeal the paragraph.

37   Subsection 64(1)

Repeal the subsection.

38   Subsection 64(2)

Omit "subsection (1) may, in addition to the penalty provided by that subsection", substitute "section 147.1 or 149.1 of the Criminal Code that relates to a member or special member may".

39   Subsection 64(3)

Repeal the subsection.

Australian Film Commission Act 1975

40   Section 42

Repeal the section.

Australian Horticultural Corporation (Export Control) Regulations

41   Item 4 of Schedule 2

Repeal the item, substitute:

Australian Horticultural Corporation (Honey Export Control) Regulations

42   Item 4 of Schedule 2

Repeal the item, substitute:

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

43   Section 46

Repeal the section.

44   Paragraph 47(9)(b)

Omit ", 7A, 29C or 29D", substitute "or 7A".

45   Paragraph 47(9)(b)

After "Crimes Act 1914", insert "or section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code".

46   At the end of section 47

Add:

(10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.

Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

Australian Protective Service Act 1987

47   Subparagraph 13(2)(a)(i)

Omit "30,".

48   Subparagraph 13(2)(a)(i)

Omit "71, 73, 75, 76,".

49   At the end of subsection 13(2)

Add:

; or (c) an offence in relation to a person, place or thing in respect of which the Protective Service is performing its functions, being an offence against section 131.1, 141.1, 142.1, 148.1, 147.1 or 149.1 of the Criminal Code.

Australian Security Intelligence Organisation Act 1979

50   Section 33

Repeal the section.

Australian Trade Commission Act 1985

51   Subsection 95(2)

Repeal the subsection.

Bankruptcy Act 1966

52   Subsection 84(5)

Omit "or 263B".

53   Subsection 85(2C)

Omit "or 263B".

54   Subsection 263(2)

Repeal the subsection, substitute:

(2) A person is guilty of an offence if:

(a) the person disposes of, receives, removes, retains or conceals property that has been seized:

(i) as part of the property of a bankrupt; or

(ii) as part of the estate of a deceased person; or

(iii) under a deed of assignment; and

(b) the first-mentioned person knows that the property has been so seized.

Penalty: Imprisonment for 1 year.

55   Section 263B

Repeal the section.

56   Section 264

Repeal the section.

57   Section 267A

Repeal the section.

58   Section 267C

Repeal the section.

59   Section 268A

Repeal the section.

Bounty and Capitalisation Grants (Textile Yarns) Act 1981

60   Subsection 16(1A)

Omit "subsection (1B)", substitute "section 137.2 of the Criminal Code".

61   Subsection 16(1B)

Repeal the subsection.

62   Subsection 16(3)

Omit "or 18(3) or (4)", substitute "of this Act or a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

63   Subsections 18(2), (3), (4), (5) and (6)

Repeal the subsections.

64   Subsection 18(7)

Repeal the subsection, substitute:

(7) A person must not be convicted of:

(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 10B(1) of this Act; or

(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

in respect of the same claim for bounty.

65   Subsection 18B(1)

Omit "or 18(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

66   Subsection 18B(1)

Omit "under the subsection".

67   Section 21K

Repeal the section.

68   Subsection 21L(1)

Omit "subsection 21K(1)", substitute "section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Part".

69   Subsection 21L(1)

Omit "under that subsection".

Bounty (Bed Sheeting) Act 1977

70   Subsection 16(3)

Omit "or 18(2)(c)", substitute "of this Act or a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

71   Subsection 18(2)

Repeal the subsection.

72   Subsection 18(3)

Omit "subsection (2)", substitute "section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

73   Subsection 18(3)

Omit "under that subsection".

Bounty (Books) Act 1986

74   Subsection 25(2)

Omit "subsection (3)", substitute "section 137.2 of the Criminal Code".

75   Subsection 25(3)

Repeal the subsection.

76   Subsection 25(5)

Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

77   Subsections 27(2), (3), (4), (5) and (6)

Repeal the subsections.

78   Subsection 27(7)

Repeal the subsection, substitute:

(7) A person must not be convicted of:

(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 16(1) of this Act; or

(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

in respect of the same claim for bounty.

79   Subsections 27(9), (10) and (11)

Repeal the subsections.

80   Subsection 29(1)

Omit "or 27(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code".

81   Subsection 29(1)

Omit "under that subsection".

Bounty (Citric Acid) Act 1991

82   Subsection 21(2)

Omit "subsection (3)", substitute "section 137.2 of the Criminal Code".

83   Subsection 21(3)

Repeal the subsection.

84   Subsection 21(5)

Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

85   Subsections 23(2), (3), (4), (5) and (6)

Repeal the subsections.

86   Subsection 23(7)

Repeal the subsection, substitute:

(7) A person must not be convicted of:

(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 12(1) of this Act; or

(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

in respect of the same claim for bounty.

87   Subsection 25(1)

Omit "or 23(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

88   Subsection 25(1)

Omit "under that subsection".

Bounty (Computers) Act 1984

89   Subsection 16(7)

Repeal the subsection.

90   Subsection 25(2)

Omit "subsection (3)", substitute "section 137.2 of the Criminal Code".

91   Subsection 25(3)

Repeal the subsection.

92   Subsection 25(5)

Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

93   Subsections 27(2) and (3)

Repeal the subsections.

94   Subsection 27(4)

Omit "subsection (2)", substitute "section 135.2 of the Criminal Code".

95   Subsection 29(1)

Omit "or 27(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

96   Subsection 29(1)

Omit "under the subsection".

Bounty (Fuel Ethanol) Act 1994

97   Subsection 50(3)

Omit "section 51", substitute "section 137.2 of the Criminal Code".

98   Section 51

Repeal the section.

99   Subsection 52(2)

Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

100   Subsections 55(2), (3) and (4)

Repeal the subsections, substitute:

(4) A person must not be convicted of:

(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 30(2) of this Act; or

(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

in respect of the same claim for bounty.

101   Section 56

Repeal the section.

102   Subsection 58(1)

Omit "or 55(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

103   Subsection 58(1)

Omit "under that subsection".

Bounty (Machine Tools and Robots) Act 1985

104   Subsection 33(2)

Omit "subsection (3)", substitute "section 137.2 of the Criminal Code".

105   Subsection 33(3)

Repeal the subsection.

106   Subsection 33(5)

Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

107   Subsections 35(2) and (3)

Repeal the subsections.

108   Subsection 35(4)

Repeal the subsection, substitute:

(4) A person must not be convicted of:

(a) an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 23(1) of this Act; or

(b) an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

in respect of the same claim for bounty.

109   Subsection 37(1)

Omit "or 35(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code".

110   Subsection 37(1)

Omit "under the subsection".

Bounty (Photographic Film) Act 1989

111   Subsection 22(2)

Omit "subsection (3)", substitute "section 137.2 of the Criminal Code".

112   Subsection 22(3)

Repeal the subsection.

113   Subsection 22(5)

Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

114   Subsections 24(2), (3), (4), (5) and (6)

Repeal the subsections.

115   Subsection 24(7)

Repeal the subsection, substitute:

(7) A person must not be convicted of:

(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 13(1) of this Act; or

(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

in respect of the same claim for bounty.

116   Subsection 26(1)

Omit "or 24(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

117   Subsection 26(1)

Omit "under that subsection".

Bounty (Ships) Act 1989

118   Subsection 23(2)

Omit "subsection (3)", substitute "section 137.2 of the Criminal Code".

119   Subsection 23(3)

Repeal the subsection.

120   Subsection 23(5)

Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

121   Subsections 25(2), (3), (4), (5) and (6)

Repeal the subsections.

122   Subsection 25(7)

Repeal the subsection, substitute:

(7) A person must not be convicted of:

(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 14(1) of this Act; or

(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

in respect of the same claim for bounty.

123   Subsections 25(9), (10) and (11)

Repeal the subsections.

124   Subsection 27(1)

Omit "or 25(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

125   Subsection 27(1)

Omit "under that subsection".

Broadcasting Services Act 1992

126   Subsection 6(1)

Insert:

offence against this Act includes an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.

127   Section 208

Repeal the section.

Civil Aviation Act 1988

129   Subsection 23A(3)

Repeal the subsection.

Aviation Regulations 1988

130   Regulation 285

Repeal the regulation.

Coal Excise Act 1949

131   Paragraph 5(c)

Omit ", (v), (va)".

132   Section 27

Repeal the section.

Coal Industry Act 1946

133   Subsection 53(4)

Repeal the subsection.

Commonwealth Electoral Act 1918

134   Subsections 184(6) and (7)

Repeal the subsections.

135   Subsections 184A(5) and (6)

Repeal the subsections.

136   Paragraph 339(1)(f)

Repeal the paragraph.

137   Paragraph 339(1)(h)

Omit "ballot-papers; or", substitute "ballot-papers.".

138   Paragraph 339(1)(k)

Repeal the paragraph.

139   Subsections 339(3) and (4)

Repeal the subsections.

140   Section 344

Repeal the section.

Commonwealth Inscribed Stock Act 1911

141   Section 48

Repeal the section.

Commonwealth Places (Application of Laws) Act 1970

142   Subsection 5(2)

After "Sections", insert "4,".

143   After subsection 5(2A)

Insert:

(2B) Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, the applied provisions.

Complaints (Australian Federal Police) Act 1981

144   After paragraph 27(5)(e)

Insert:

(ea) a prosecution for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act; or

145   Subsection 44(2)

Repeal the subsection.

Crimes Act 1914

146   Subsection 3(1) (paragraph (c) of the definition of Commonwealth officer)

Omit "sections 70, 72, 73, 74 and 75", substitute "section 70".

147   Subsection 3(1) (paragraph (d) of the definition of Commonwealth officer)

Omit "sections 70, 72, 73, 74, 75 and 76" substitute "section 70".

148   Subsection 17B(3) (definition of section 17B offence)

Omit "any of sections 29, 29A, 29B, 29C, 29D, 71 and 72", substitute "section 29 of this Act, an offence against section 131.1, 132.1, 132.6, 132.7, 134.1, 134.2, 135.1, 135.2, 135.4, 145.4 or 145.5 of the Criminal Code".

149   Sections 29A, 29B, 29C, 29D and 30

Repeal the sections.

150   Paragraph 30K(a)

Repeal the paragraph.

151   Sections 32 and 33

Repeal the sections.

152   Section 50

Repeal the section.

153   Part V

Repeal the Part.

154   Sections 71, 71A, 72, 73, 73A, 74, 75 and 76

Repeal the sections.

155   Sections 85J, 85K, 85L and 85M

Repeal the sections.

156   Section 85P

Repeal the section.

157   Section 85ZF

Repeal the section.

158   Subsection 86(2)

Repeal the subsection.

159   Paragraph 86(10)(b)

Omit "of this section; and", substitute "of this section.".

160   Paragraph 86(10)(c)

Repeal the paragraph.

161   Section 88

Repeal the section.

Customs Act 1901

162   Subsection 4(1) (paragraph (c) of the definition of Records offence)

Omit "section 29D or 86A of the Crimes Act 1914", substitute "section 134.1, 134.2 or 135.1 of the Criminal Code".

163   At the end of section 183UA

Add:

(3) For the purposes of this Part, an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to this Act is taken to be an offence against this Act.

164   Section 232

Repeal the section.

165   Paragraph 232A(b)

Omit "any officer, or any person assisting an officer, in the execution of his duty", substitute "any person assisting an officer in the execution of the officer's duty".

Dairy Produce Act 1986

166   Section 112

Repeal the section.

167   Subsection 114(1)

Omit "subsection 112(1)", substitute "section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

168   Subsection 117(1)

Omit "or 112".

Defence Act 1903

169   Section 73B

Repeal the section.

170   Section 73F

Omit "73B," (wherever occurring).

171   Section 80

Repeal the section.

172   Section 81

Repeal the section.

173   Section 116Z

Repeal the section.

Defence (Special Undertakings) Act 1952

174   Section 24

Repeal the section.

Diplomatic and Consular Missions Act 1978

175   Subsection 5(8)

Repeal the subsection.

Disability Discrimination Act 1992

176   Subsection 111(1)

Omit all the words after "other than", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".

177   Section 112

Repeal the section.

Distillation Act 1901

178   Section 72

Repeal the section.

Environment Protection (Alligator Rivers Region) Act 1978

179   Subsection 27(2)

Repeal the subsection.

180   Section 32

Repeal the section.

Excise Act 1901

181   Paragraphs 120(1)(v), (va) and (vb)

Repeal the paragraphs.

182   Paragraph 120(2)(c)

Repeal the paragraph.

183   Section 123

Repeal the section.

184   Paragraph 124(1)(a)

Repeal the paragraph.

185   Paragraph 124(1)(d)

Omit "any officer or any person acting in his or her aid or assistance in the execution of his or her duties", substitute "any person acting in aid or assistance of an officer in the execution of the officer's duties".

186   Paragraph 124(1)(e)

Repeal the paragraph.

Export Control Act 1982

187   Section 12

Repeal the section.

188   Section 16

Repeal the section.

Export Expansion Grants Act 1978

189   Section 18

Repeal the section.

Export Inspection and Meat Charges Collection Act 1985

190   Paragraph 10(2)(a)

Omit "or (3)", substitute "of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".

191   Subsection 10(3)

Repeal the subsection.

Note: The penalty at the end of section 10 does not form part of subsection 10(3).

Export Market Development Grants Act 1997

192   Subsection 16(2) (paragraph (b) of the definition of relevant offence)

Repeal the paragraph.

Note: The Reader's Guide to the Export Market Development Grants Act 1997 is altered by omitting the entry relating to the Crimes Act 1914.

193   Subsection 16(2) (paragraph (d) of the definition of relevant offence)

Omit ", (b)".

194   Subsection 16(2) (at the end of the definition of relevant offence)

Add:

; or (e) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code that relates to an application for a grant.

195   Paragraph 78(1)(b)

Repeal the paragraph.

196   Paragraph 78(1)(d)

Omit ", (b) or (c);", substitute "or (c); or".

197   After paragraph 78(1)(d)

Insert:

(e) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code that relates to an application for a grant;

198  Section 102

Repeal the section.

199   Paragraph 103(1)(a)

Repeal the paragraph, substitute:

(a) a person is convicted of an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code; and

Farm Household Support Act 1992

200   Subsection 41(6)

Repeal the subsection.

201   Subsection 42(6)

Repeal the subsection.

202   Subsection 54(8)

Repeal the subsection.

Financial Management and Accountability Act 1997

203   Section 61

Repeal the section.

Financial Sector (Shareholdings) Act 1998

204   Section 37

Repeal the section.

First Home Owners Act 1983

205   Section 38

Repeal the section.

Fisheries Management Act 1991

206   Subsection 4(1)

Insert:

offence against this Act includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.

207   Subsections 9(1) and (2)

Omit ", 107".

208   Section 107

Repeal the section.

209   At the end of section 164

Add:

(10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.

Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

Foreign Acquisitions and Takeovers Act 1975

210   Section 36A

Repeal the section.

Great Barrier Reef Marine Park Act 1975

211   Subsection 3(1)

Insert:

offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.

212   Paragraph 39P(4)(c)

Omit "or 39R", substitute "of this Act or a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part".

213   Section 39R

Repeal the section.

214   At the end of section 64

Add:

(8) Part 2.5 of the Criminal Code does not apply to an offence against this Act.

Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

Great Barrier Reef Marine Park Regulations

215   Subregulation 49(1)

Repeal the subregulation.

216   Paragraph 49(2)(b)

Omit "subregulation (1)", substitute "section 136.1 or 137.1 of the Criminal Code".

216A Subregulation 49(3)

Repeal the subregulation, substitute:

(3) Subregulation (2) applies to an application for an authorisation as if references in that subregulation to a permission were references to an authorisation.

Hazardous Waste (Regulation of Exports and Imports) Act 1989

217   Section 54

Repeal the section.

218   Section 55

Repeal the section.

Health Insurance Act 1973

219   Subsection 124B(1) (paragraphs (d) and (e) of the definition of relevant offence)

Repeal the paragraphs, substitute:

(d) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 144.1, 145.1, 145.4 or 145.5 of the Criminal Code, being an offence relating to a claim for payment in respect of the rendering of a professional service.

Health Insurance Commission Act 1973

220   Paragraphs 3A(2)(d) and (e)

Repeal the paragraphs, substitute:

(d) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code, being an offence relating to a claim for payment in respect of the rendering of a professional service.

221   Paragraphs 3A(2A)(e) and (f)

Repeal the paragraphs, substitute:

(e) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code, being an offence relating to a claim for payment in respect of the rendering of a professional service.

Historic Shipwrecks Act 1976

222   Subsection 10(2)

Repeal the subsection, substitute:

(2) A person is guilty of an offence if the person:

(a) is given a notice by the Minister under subsection (1); and

(b) refuses or fails to comply with the notice to the extent that the person is capable of complying with it.

Penalty: 20 penalty units.

223   At the end of subsection 10(3)

Add "or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".

224   Subsection 17(3)

Repeal the subsection.

Note: The penalty at the end of section 17 does not form part of subsection 17(3).

225   Subsection 23(5)

Repeal the subsection, substitute:

(5) A person must not, without reasonable excuse, fail to comply with a requirement made of the person by an inspector in the exercise of a power under this section.

Penalty: 20 penalty units.

226   Subsection 23(7)

Repeal the subsection.

227   Subsections 26(1) and (3)

Omit ", 13(3) or 23(7)", substitute "or 13(3)".

Home Deposit Assistance Act 1982

228   Subsections 61(1) and (2)

Repeal the subsections.

229   Subsection 61(3)

Omit "this section", substitute "section 136.1 or 137.1 of the Criminal Code that relates to this Act".

Homes Savings Grant Act 1976

230   Subsection 50(1)

Repeal the subsection.

231   Subsection 50(2)

Omit "subsection (1)", substitute "section 136.1 or 137.1 of the Criminal Code that relates to this Act".

Human Rights and Equal Opportunity Commission Act 1986

232   Section 25

Repeal the section.

233   At the end of section 26

Add:

Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code deal with making false or misleading statements, giving false or misleading information and producing false or misleading documents.

234   Section 33

Omit "25,".

Immigration (Guardianship of Children) Act 1946

235   Section 10

Repeal the section, substitute:

10 False statements in applications

For the purposes of section 136.1 of the Criminal Code, an application made for the purposes of this Act is taken to be an application for a benefit.

Imported Food Control Act 1992

236   Subsection 3(1) (definition of forging)

Repeal the definition.

237   Subsection 3(1) (definition of uttering)

Repeal the definition.

238   Section 18 (note)

Repeal the note.

239   Section 19 (note)

Repeal the note.

240   At the end of Division 2 of Part 2

Add:

19A Forging and uttering

Forging

(1) For the purposes of this Division, a person is taken to have forged a document if the person:

(a) makes a document which is false, knowing it to be false; or

(b) without authority, alters a genuine document in a material particular;

with intent that:

(c) the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or

(d) another person may, in the belief that it is genuine, be induced to do or refrain from doing an act, whether in Australia or elsewhere.

(2) For the purposes of this Division, if a person:

(a) makes a document which is false, knowing it to be false; or

(b) without authority, alters a genuine document in a material particular;

with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:

(c) to the prejudice of another person; or

(d) with the result that another person would be induced to do or refrain from doing an act, whether in Australia or elsewhere;

the first-mentioned person is taken to have forged the document.

Uttering

(3) For the purposes of this Division, a person is taken to utter a forged document if the person:

(a) uses or deals with it; or

(b) attempts to use or deal with it; or

(c) attempts to induce another person to use, deal with, act upon, or accept it.

241   Subsection 30(6)

Repeal the subsection.

Income Tax Assessment Act 1936

242   Section 251A (paragraphs (a) and (b) of the definition of serious taxation offence)

Repeal the paragraphs, substitute:

(a) an offence against section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code, being an offence that relates to a tax liability within the meaning of the Taxation Administration Act 1953; or

Industrial Chemicals (Notification and Assessment) Act 1989

243   Section 81

Repeal the section.

Industrial Research and Development Incentives Act 1976

244   Section 37

Repeal the section.

Industry Research and Development Act 1986

245   Subsections 44(1), (2), (3), (4) and (5)

Repeal the subsections.

246   Subsection 44(6)

Omit "or arising out of subsection (1) and an offence against or arising out of subsection (2)", substitute "section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code".

247   Subsections 44(8), (9) and (10)

Repeal the subsections.

Inspector-General of Intelligence and Security Act 1986

248   After paragraph 18(6)(c)

Insert:

(ca) an offence against section 137.1 of the Criminal Code that relates to this section; or

249   Subsection 18(8)

Repeal the subsection.

Insurance Acquisitions and Takeovers Act 1991

250   Subsection 73(2)

Omit "subsections (5), (6), (7), (8) and (9)", substitute "subsections (5) and (9) of this section and sections 137.1 and 137.2 of the Criminal Code".

251   Subsections 73(6), (7) and (8)

Repeal the subsections.

252   Subsection 73(9)

Omit "proceedings under, or arising out of, this section", substitute "a prosecution for an offence against this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".

253   Section 74

Repeal the section.

Insurance Act 1973

254   Subsection 22(5)

Repeal the subsection.

Note: The penalty at the end of section 22 does not form part of subsection 22(5).

255   Subsection 49C(3)

Repeal the subsection.

256   Subsection 56(1)

Repeal the subsection, substitute:

(1) A person is guilty of an offence if:

(a) a requirement of APRA or the inspector under section 55 is applicable to the person; and

(b) the person refuses or fails to comply with the requirement to the extent to which the person is able to comply with it.

Penalty: Imprisonment for 3 months.

257   Subsection 56(2)

Omit all the words after "other than", substitute:

a prosecution for:

(a) an offence against subsection (1); or

(b) an offence against section 137.1 or 137.2 of the Criminal Code that relates tothis section.

258   Subsection 80(4)

Repeal the subsection.

259   Subsection 82(2)

Repeal the subsection.

260   Subsection 82(4)

Omit all the words after "other than", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to section 81".

261   Section 128

Omit "80(4), 82(1), 82(2)," (wherever occurring), substitute "82(1),".

Insurance (Agents and Brokers) Act 1984

262   Subsection 34A(9)

Repeal the subsection.

263   Subsection 34P(5)

Repeal the subsection.

Interstate Road Transport Act 1985

264   Paragraph 19(3)(a)

Omit "section 47", substitute "section 137.1 of the Criminal Code".

265   Paragraph 45(4)(a)

Omit "section 47", substitute "section 137.1 of the Criminal Code".

266   Section 47

Repeal the section.

267   Section 53

Omit "39 or against section 40, 41, 44, 45 or 47" (wherever occurring), substitute "39 of this Act or an offence against section 40, 41, 44 or 45 of this Act or an offence against section 137.1 of the Criminal Code that relates to this Act".

Life Insurance Act 1995

268   Section 249

Repeal the section.

Marriage Act 1961

269   Section 96

Repeal the section.

270   Section 97

Repeal the section.

271   Subsections 98(1) and (1A)

Repeal the subsections.

Note: The heading to section 98 is replaced by the heading " Contravention of subsection 13(3) ".

272   Section 102

Repeal the section.

273   Subsection 108(1)

Omit "sections 96, 97 and 98", substitute "section 98".

Meat Export Charge Collection Act 1984

274   Subsection 12(8)

Repeal the subsection.

Meat Inspection Act 1983

275   Section 27

Repeal the section.

Migration Act 1958

276   Subsection 5(1) (at the end of the definition of offence against this Act)

Add:

; and (f) an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.

277   Subsection 18(2)

Omit "section 21, 22 and 23", substitute "section 21 of this Act and sections 137.1 and 137.2 of the Criminal Code".

278   Section 22

Repeal the section.

279   Section 23

Repeal the section.

280   Section 24

Omit all the words after "other than", substitute:

a prosecution for:

(c) an offence against, or arising out of, this Division; or

(d) an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division.

281   Subsection 137(9)

Repeal the subsection.

282   Subsection 308(4)

Omit "section 487", substitute "section 137.1 or 137.2 of the Criminal Code that relates to this Act or the regulations".

283   Section 487

Repeal the section.

284   At the end of section 493

Add:

(9) Part 2.5 of the Criminal Code does not apply to an offence against this Act or the regulations.

Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

Motor Vehicle Standards Act 1989

285   Section 31

Repeal the section.

National Health Act 1953

286   Paragraph 103(5)(c)

Repeal the paragraph.

National Occupational Health and Safety Commission Act 1985

287   Subsections 62(3) and (4)

Repeal the subsections.

288   Subsection 62(6)

Omit all the words after "except in", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".

Native Title Act 1993

289   Subsection 203DF(8)

Omit "sections 70, 72, 73, 74 and 75", substitute "section 70".

290   At the end of section 203DF

Add:

Auditor or investigator taken to be a Commonwealth public official

(9) To avoid doubt, a person appointed under subsection (1) of this section is taken, for the purposes of the Criminal Code, to be a Commonwealth public official.

Navigation Act 1912

291   Section 160

Repeal the section, substitute:

160 Giving false evidence in connection with deceased seamen's property

A person is guilty of an offence if:

(a) the person gives false evidence; and

(b) the person knows that the evidence is false; and

(c) the person does so for the purpose of obtaining, either for himself, herself or for another person, any property of a deceased seaman.

Penalty: 20 penalty units or imprisonment for 12 months, or both.

292   Paragraphs 386(a) and (b)

Repeal the paragraphs.

293   Paragraph 386(e)

Repeal the paragraph.

294   Section 387

Repeal the section, substitute:

387 Hindering or interfering with masters or officers

A person is guilty of an offence if the person, by violence, threat or intimidation, hinders or interferes with:

(a) the master of a ship; or

(b) an officer of a ship;

in the performance of the master's or officer's duty in relation to the maintenance of the discipline on board the ship.

Penalty: 50 penalty units or imprisonment for 2 years, or both.

295   Subsections 389A(1) and (2)

Repeal the subsections.

296   Subsection 389A(3)

Omit "subsection (1)", substitute "section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code".

297   Paragraph 389A(5)(b)

Omit "subsection (1)", substitute "section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code".

Northern Territory (Self-Government) Act 1978

298   Section 52

Repeal the section.

Nuclear Non-Proliferation (Safeguards) Act 1987

299   Subsection 31(2)

Omit "section 76 of the Crimes Act 1914", substitute "section 147.1 or 149.1 of the Criminal Code".

Occupational Health and Safety (Commonwealth Employment) Act 1991

300   Subsection 43(3)

Repeal the subsection.

Occupational Health and Safety (Maritime Industry) Act 1993

301   Subsection 90(3)

Repeal the subsection.

Offshore Minerals Act 1994

302   Subsection 328(1) (note 2)

Repeal the note, substitute:

Note 2: Section 145.4 of the Criminal Code deals with offences in relation to the proper keeping of the register (for example, falsification of documents).

303   Subsection 405(2)

Omit "contains", substitute "and the Criminal Code contain".

304   Subsection 405(2) (note 2)

Repeal the note, substitute:

Note 2: See Parts 7.3 and 7.4 of the Criminal Code (which deal with fraudulent conduct and false or misleading statements). Those Parts are relevant to statements made in applications under this Act and statements made in documents that are relevant to the calculation of fees (for example, fees payable under the Registration Fees Act for transfers and other dealings).

305   Subsection 405(2) (note 4)

Repeal the note, substitute:

Note 4: See section 145.4 of the Criminal Code for a general offence relating to the falsification of documents kept for the purposes of a law of the Commonwealth. This offence is relevant to offshore mining registers.

306   Subsection 405(2) (note 5)

Omit all the words after "(giving false testimony)".

307   At the end of section 405

Add:

Note 7: See also section 149.1 of the Criminal Code, which deals with obstruction of Commonwealth public officials.

Ombudsman Act 1976

308   Paragraph 9(4)(d)

Omit "section 36", substitute "section 36 of this Act or an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act".

309   Subsection 36(2)

Repeal the subsection.

Passenger Movement Charge Collection Act 1978

310   Subsection 8(2)

Repeal the subsection.

Passports Act 1938

311   Subsection 5(3)

Omit "9B (other than paragraph (f)),", substitute "9B (other than paragraph (b)),".

312   Subsection 5(4)

Omit "or 9B(f)", substitute "or 9B(b)".

313   Section 9B

Repeal the section, substitute:

9B Falsifying foreign passports etc.

A person is guilty of an offence if the person:

(a) within Australia, falsifies a passport issued by or on behalf of the government of a foreign country; or

(b) within Australia, makes a document that is false within intent that the false document may be used, acted on or accepted as if it were a passport issued by or on behalf of the government of a foreign country.

Penalty: Imprisonment for 7 years.

Petroleum Excise (Prices) Act 1987

314   Subsection 6(3)

Repeal the subsection.

Note: The penalty at the end of section 6 does not form part of subsection 6(3).

315   Subsection 10(6)

Omit "subsection (8)", substitute "section 137.1 of the Criminal Code that relates to this section".

316   Subsection 10(8)

Repeal the subsection.

Pooled Development Funds Act 1992

317   At the end of section 47

Add:

(4) The reference in subsection (1) to a provision of this Act includes a reference to section 136.1, 137.1 or 137.2 of the Criminal Code, in so far as that section relates to this Act.

318   Section 52

Repeal the section.

Prawn Export Promotion Act 1995

319   Paragraph 22(2)(a)

Omit "or (3)", substitute "of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".

320   Subsection 22(3)

Repeal the subsection.

Prices Surveillance Act 1983

321   Subsection 32(2)

Repeal the subsection, substitute:

(2) A person is guilty of an offence if:

(a) the person is subject to a notice under subsection (1); and

(b) the person, without reasonable excuse, refuses or fails to comply with the notice.

Penalty: 20 penalty units.

322   At the end of section 32

Add:

Note: Sections 137.1 and 137.2 of the Criminal Code deal with false or misleading information and documents.

Primary Industries Levies and Charges Collection Act 1991

323   Paragraph 24(2)(a)

Omit "or (3)",substitute "of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".

324   Subsection 24(3)

Repeal the subsection.

Proceeds of Crime Act 1987

324A   After subsection 4(3)

Insert:

(3A) For the purposes of this Act, in determining whether a person has derived substantial benefit from the commission of 2 or more public fraud offences, have regard to the aggregate of the benefits derived by the person from the commission of those offences.

324B   Subsection 7(1)

Insert:

public fraud offence means any of the following:

(a) an offence against section 134.1, 134.2, 135.1 or 135.4 of the Criminal Code;

(b) an offence against repealed section 29D or 86A of the Crimes Act committed after the commencement of this Act;

(c) an offence against section 5, 6, 7 or 8 of the Crimes (Taxation Offences) Act 1980 committed after the commencement of this Act;

(d) an ancillary offence in relation to an offence covered by paragraph (b) or (c).

Note: The heading to section 7 of the Proceeds of Crime Act 1987 is altered by inserting " public fraud offence and " after " Meaning of ".

324C   Subsection 7(1) (definition of serious offence)

Repeal the definition, substitute:

serious offence means:

(a) a serious narcotics offence; or

(b) a money laundering offence in relation to the proceeds of a serious narcotics offence; or

(c) an ancillary offence in relation to an offence covered by paragraph (a) or (b); or

(d) an offence that is the subject of a declaration under section 96A.

324D   After subsection 7(1)

Insert:

(1A) Paragraph (d) of the definition of serious offence in subsection (1) has effect subject to subsections 96A(2), (4) and (6).

325   Subsection 7(2) (definition of organised fraud offence)

Repeal the definition.

325A   At the end of section 7

Add:

(3) To avoid doubt, express references in this section to ancillary offences do not imply that section 11.6 of the Criminal Code has no application to a particular provision of this Act.

326   Subsection 34C(2) (definition of relevant offence)

Omit "under section 29A, 29B, 29C, 29D, 71, 86 or 86A of the Crimes Act 1914", substitute "against section 131.1, 132.1, 132.6, 132.8, 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code".

326A   At the end of subsection 73(4)

Add:

; or (d) both:

(i) has committed, or is about to commit, 3 or more public fraud offences; and

(ii) has derived, or is about to derive, substantial benefit from the commission of any or all of those offences.

327   Division 2 of Part V

Repeal the Division.

328   Subsection 84(1)

Omit ", 83".

328A   Before section 97

Insert:

96A Organised fraud orders

Convictions of public fraud offences

(1) If:

(a) a person has, at the same sitting, been convicted by a court of 3 or more public fraud offences; and

(b) the DPP applies to the court for an order under this subsection in relation to each of those offences; and

(c) the court is satisfied that the person has derived substantial benefit from the commission of any or all of those offences;

the court must, by order, declare each of those offences to be a serious offence.

(2) A declaration under subsection (1) only has effect in relation to the convictions concerned.

Charges and proposed charges of public fraud offences

(3) If:

(a) a person has been charged with 3 or more public fraud offences; and

(b) the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and

(c) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and

(d) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief;

the court must, by order, declare each of those offences to be a serious offence.

(4) A declaration under subsection (3) only has effect in relation to the charges concerned.

(5) If:

(a) a person is about to be charged with 3 or more public fraud offences; and

(b) the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and

(c) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and

(d) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief;

the court must, by order, declare each of those offences to be a serious offence.

(6) A declaration under subsection (5) only has effect in relation to the proposed charges concerned.

(7) If:

(a) a restraining order is granted in reliance on the charging, or proposed charging, of a person with an ordinary indictable offence; and

(b) the person is subsequently convicted of the offence; and

(c) a court makes an order under subsection (1) in relation to the offence;

this Act has effect as if the restraining order had been granted in reliance on the charging, or proposed charging, of the person with a serious offence.

Protection of Movable Cultural Heritage Act 1986

329   After subsection 3(3)

Insert:

(3A) A reference in this Act to an offence against this Act includes a reference to an offence against section 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.

330   Section 44

Repeal the section.

331   Section 45

Repeal the section.

332   Subsection 46(1)

Omit "or section 45".

333   Subsection 46(2)

Omit "or 44".

334 Paragraph 46(4)(b)

Omit "or section 45".

Public Lending Right Act 1985

335   Subsection 22(1)

Repeal the subsection.

336   Subsection 22(2)

Omit "subsection (1)", substitute "section 137.1 or 137.2 of the Criminal Code that relates to this Act".

337   Subsection 22(2)

Omit "under that subsection".

338   Subsection 22(4)

Repeal the subsection.

Public Service Act 1999

339   Subsection 43(2)

Omit ", 34" (wherever occurring).

340   Subsection 50(2)

Omit ", 34" (wherever occurring).

Quarantine Act 1908

341   Subsection 70B(2) (note)

Repeal the note, substitute:

Note 1: It is an offence to fail to answer a question asked under this subsection (see section 74C).

Note 2: It is an offence to give false or misleading information in answer to a question asked under this subsection (see section 137.1 of the Criminal Code).

342   Subsection 70B(3) (note)

Repeal the note, substitute:

Note 1: It is an offence to fail to produce a document (see section 74C).

Note 2: It is an offence to produce a document knowing that the document is false or misleading unless the document is accompanied by a written statement acknowledging that the document is false or misleading (see section 137.2 of the Criminal Code).

343   Subsections 74C(3) and (4)

Repeal the subsections.

Note: The note at the end of section 74C does not form part of subsection (4).

344   Section 79

Repeal the section.

345   Paragraph 79A(2)(a)

Repeal the paragraph, substitute:

(a) any criminal proceedings other than a proceeding for:

(i) an offence against subsection 27A(6) or (7), 27B(5) or (6), 28(8) or (9); or

(ii) an offence against section 137.2 of the Criminal Code that relates to this Act; or

346   Section 81

Repeal the section.

Racial Discrimination Act 1975

347   Subsection 27D(1)

Omit all the words after "other than", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".

348   Section 27E

Repeal the section.

Radiocommunications Act 1992

349   After subsection 11(1)

Insert:

(1A) A reference in this Act to an offence against this Act includes a reference to an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.

350   Subparagraph 124(3)(b)(iv)

Omit "section 302 or".

351   After subparagraph 124(3)(b)(iv)

Insert:

(iva) whether the operator has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act;

352   Subparagraph 171(3)(b)(ii)

Omit "or 302".

353   At the end of paragraph 171(3)(b)

Add:

; and (iii) whether or not the holder of the permit or an agent of the holder has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.

354   Subsection 210(6)

Omit "section 302", substitute "section 136.1 or 137.1 of the Criminal Code that relates to this Act".

355   Section 302

Repeal the section.

356   At the end of section 306

Add:

(9) Part 2.5 of the Criminal Code does not apply to an offence against this Act.

Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

Resource Assessment Commission Act 1989

357   Subsection 54(1)

Repeal the subsection, substitute:

(1) A person is guilty of an offence if:

(a) at a hearing, the person gives evidence or produces a document; and

(b) the person knows that the evidence or document is false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

358   Subsection 54(2)

Omit "gives it to the Commission," (first occurring).

Note: The heading to section 54 is altered by omitting " or information " and substituting " or documents ".

Retirement Savings Accounts Act 1997

359   Section 145

Omit "paragraph 150(1)(b)", substitute "section 137.1 of the Criminal Code".

360   Part 12 (heading)

Repeal the heading, substitute:

Part 12 - Offences relating to records etc.

361   Section 148

Omit "the making of false or misleading statements,".

362   Section 150

Repeal the section.

363   Sections 152 and 153

Repeal the sections.

Seat of Government (Administration) Act 1910

364   Section 7

Repeal the section.

Secret Commissions Act 1905

365   The whole of the Act

Repeal the Act.

Sex Discrimination Act 1984

366   Subsection 91(1)

Omit all the words after "other than", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".

367   Section 93

Repeal the section.

Ships (Capital Grants) Act 1987

368   Subsection 29(2)

Omit "subsection (3)", substitute "section 137.2 of the Criminal Code".

369   Subsection 29(3)

Repeal the subsection.

370   Subsections 30(1) and (2)

Repeal the subsections.

371   Subsections 30(4), (5) and (6)

Repeal the subsections.

372   Subsection 30(7)

Repeal the subsection, substitute:

(7) A person must not be convicted of:

(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 17(1) of this Act; or

(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

in respect of the same claim for a grant.

373   Subsections 30(9), (10) and (11)

Repeal the subsections.

374   Subsection 32(1)

Omit "or 30(1) or (2)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

375   Subsection 32(1)

Omit "under that subsection".

Spirits Act 1906

376   Section 8

Repeal the section.

Stevedoring Industry Levy Collection Act 1977

377   Section 8B

Repeal the section, substitute:

8B Compliance with section 8A requirements

A person must not intentionally or recklessly fail to comply with the requirements of section 8A.

Penalty: 20 penalty units.

378   Subsection 9(1)

Repeal the subsection, substitute:

(1) A person must not refuse or fail to furnish a return or information that the person is required under section 6 to furnish.

Penalty: 30 penalty units.

379   Subsection 10(5)

Repeal the subsection.

Student Assistance Act 1973

380   Subsection 49(1)

Repeal the subsection, substitute:

(1) A person must not, without reasonable excuse, contravene section 48.

Penalty: Imprisonment for 12 months.

381   Subsection 49(2)

After "subsection (1)", insert "of this section or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

Superannuation Act 1976

382   Subsection 163A(2)

Omit "subsections (3), (4) and (5)", substitute "subsections (3) and (5) of this section and section 137.2 of the Criminal Code".

383   Subsection 163A(4)

Repeal the subsection.

384   Paragraphs 163A(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) in the case of an individual - in any criminal proceedings other than:

(i) proceedings under, or arising out of, this section; or

(ii) a prosecution for an offence against section 137.1 of the Criminal Code that relates to this section; or

(b) in the case of a body corporate - in any criminal proceedings other than:

(i) proceedings under, or arising out of, this Act, the superseded Act or regulations under either Act; or

(ii) a prosecution for an offence against the Criminal Code that relates to this Act.

385   Subsections 167(1), (1A) and (2)

Repeal the subsections.

386   Subsection 167(3)

Omit "subsection (1)", substitute "section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".

Superannuation Industry (Supervision) Act 1993

387   Section 299V

Omit "paragraph 302(1)(b)", substitute "section 137.1 of the Criminal Code".

388   Section 302

Repeal the section.

389   Section 304

Repeal the section.

390   Section 305

Repeal the section.

Sydney Airport Demand Management Act 1997

391   Subsection 62(4)

Omit "sections 29A and 29B of the Crimes Act 1914", substitute "sections 134.1, 134.2, 135.1 and 135.2 of the Criminal Code".

392   Subsection 62(4)

Omit "public authority under the Commonwealth", substitute "Commonwealth entity".

393   Subsection 62(5)

Omit "sections 73 and 75 of the Crimes Act 1914", substitute "sections 141.1, 142.1, 142.2, 148.1 and 148.2 of the Criminal Code".

394   Subsection 62(5)

Omit "Commonwealth officers", substitute "Commonwealth public officials".

Taxation Administration Act 1953

395   Subsection 3E(11) (paragraph (c) of the definition of tax-related offence)

Omit "section 29D or 86A of the Crimes Act 1914", substitute "section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code".

396   Paragraph 8J(3)(c)

Omit "section 29D or 86A of the Crimes Act 1914", substitute "section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code".

397   Section 8X

Repeal the section.

398   Paragraph 8Z(1)(d)

Omit "section 29D or 86A of the Crimes Act 1914", substitute "section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code".

Telecommunications (Interception) Act 1979

399   Paragraph 5D(4)(a)

Omit "or 83".

400   After paragraph 5D(4)(a)

Insert:

(aa) section 135.3 of the Criminal Code;

Torres Strait Fisheries Act 1984

401   Subsection 3(1)

Insert:

offence against this Act includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.

402   At the end of paragraphs 43(1)(a), (b), (c) and (ca)

Add "and".

403   Paragraph 43(1)(d)

Repeal the paragraph.

404   Paragraphs 43(1)(f) and (g)

Repeal the paragraphs.

405   Subsection 43(2)

Repeal the subsection.

406   At the end of section 53A

Add:

(4) Part 2.5 of the Criminal Code does not apply to an offence against this Act or the regulations.

Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

407   Subsection 55(1)

Omit "subsection 43(2) or".

Veterans' Entitlements Act 1986

408   Subsection 54(7)

Repeal the subsection.

409   Subsection 54A(7)

Repeal the subsection.

410   Subsection 54AA(8)

Repeal the subsection.

411   Subsection 127(5)

Repeal the subsection.

Wool Tax (Administration) Act 1964

412   Section 27A

Repeal the section.

Workplace Relations Act 1996

413   Section 304

Repeal the section.

414   Section 304A

Repeal the section.

415   Section 305

Repeal the section, substitute:

305 Non-compliance with requirement made by an inspector

A person is guilty of an offence if the person, without reasonable excuse, contravenes a requirement made by an inspector under subparagraph 86(1)(b)(iv) or subsection 86(2).

Penalty: Imprisonment for 6 months.

416   Section 305A

Repeal the section, substitute:

305A Non-compliance with requirement made by an authorised officer

A person is guilty of an offence if the person, without reasonable excuse, contravenes a requirement made by an authorised officer under paragraph 83BH(4)(d) or subsection 83BH(5).

Penalty: Imprisonment for 6 months.

417   Section 306

Repeal the section.

Part 2 - Transitional provisions

418   Transitional - pre-commencement offences

(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

(c) any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419   Transitional - pre-commencement notices

If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed by this Schedule; and

(c) the first-mentioned provision is amended by this Schedule;

the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.