Revised Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator The Honourable Amanda Vanstone)Schedule 2 - Amendment of other laws
Part 1 - Amendments
Aboriginal and Torres Strait Islander Commission Act 1989
388. This item repeals subsection 90(4) of the Aboriginal and Torres Strait Islander Commission Act 1989 (ATSIC Act) and substitutes a replacement subsection. Section 90 ATSIC Act deals with secrecy and subsection 90(4) provides that the term "offence against this Act" includes a reference to offences against specified provisions of the Crimes Act 1914 where those offences relate to the ATSIC Act. The substituted subsection provides that the term refers to certain Crimes Act provisions and to certain Criminal Code provisions which are specified. The Crimes Act sections which are reinserted in substituted paragraph (4)(a) refer to ancillary offences (such as conspiracy) but do not include Crimes Act fraud related offences at sections 29C and 29D. The proposed provision will instead refer to the following Criminal Code fraud related offences: 134.1(Obtaining property by deception), 134.2 ((Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) or 136.1 (False or misleading statements in applications).
389. Item 2 repeals subsection 191(4) and substitutes a replacement subsection (4). Section 191 deals with secrecy and subsection 191(4) provides that an "offence against this Act" includes a reference to offences against specified provisions of the Crimes Act 1914 where those offences relate to the ATSIC Act or regulations. The Crimes Act provisions which are reinserted in substituted paragraph (4)(a) are the ancillary offence sections of 6, 7, 7A and subsection 86(1) but exclude Crimes Act sections 29C and 29D because these latter sections are themselves being repealed by Schedule 2 of this Bill. Substituted paragraph 4(b) provides that the following Criminal Code fraud related offences: 134.1(Obtaining property by deception), 134.2 ((Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and the following Criminal Code offence: 136.1 (False or misleading statements in applications) come within the term "offence against this Act".
390. Item 3 repeals subsections 197(2) and (3). Subsection 197(2) created an offence of making a statement that the person knows to be false or misleading in a material particular in an application for a guarantee or a grant or a loan under the ATSIC Act or present a document that the person knows contains information which is false or misleading in a material particular . Subsection 197(3) provided the penalty for conviction of a subsection 197(2) offence. These offences will be replaced by the following Criminal Code offence: 136.1 (False or misleading statements in applications), 137.2 (False or misleading documents).
391. This item amends paragraph 199(9)(b) ATSIC Act. Subsection 199(9) provides that a reference in section 199 ATSIC Act (which deals with the conduct of directors, servants or agents) to an offence against the ATSIC Act includes a reference to certain specified offences where the offence relates to the ATSIC Act, regulations, Regional Council election rules, the TSRA election rules or zone election rules. Paragraph 199(9)(b) ATSIC Act provides that the term "offence against the Act", when used in section 199, includes reference to offences against certain specified Crimes Act sections where those offences relate to the ATSIC Act, regulations, Regional Council election rules, the TSRA election rules or zone election rules. The amendment in this item omits the reference to sections 29C (false statements in applications for grants of money) and 29D (fraud offence) Crimes Act 1914 because these sections are themselves repealed and replaced by the following Criminal Code offences: 134.1(Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud), 136.1 (False or misleading statements in applications).
392. Item 4 also amends paragraph 199(9)(b) ATSIC Act by inserting after " Crimes Act 1914 " a reference to the Criminal Code fraud related offences: 134.1(Obtaining property by deception), 134.2 ((Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) so that the term "offence against this Act", when used in section 199, will include offences against the specified Crimes Act and Criminal Code offences where the offences relate to the ATSIC Act or regulations Regional Council election rules, the TSRA election rules or zone election rules.
393. The item inserts subsection (10) at the end of section 199 of the Act. Subsection 10 provides that Part 2.5 of the Criminal Code does not apply to an offence against the Act. The item also adds a note after subsection (10) explaining that Part 2.5 deals with corporate criminal responsibility. This subsection is included to make it clear section 199 (conduct of directors, servants and agents) of the Act itself deals with corporate criminal responsibility.
Aboriginal Councils and Associations Act 1976
394. Item 7 repeals subsection 39(6) Aboriginal Councils and Associations Act 1976 (ACA Act). Subsection 39(6) created an offence where a person, in answer to a requirement under subsection 39(4) ACA Act (namely a requirement from a person who has been duly authorised by the Registrar to examine the documents of an Aboriginal Council) to answer questions and produce documents, makes a statement knowing it to be false or misleading in a material particular. This offence is replaced by the following Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
395. Item 8 repeals subsection 60(6) ACA Act which created an offence where a person makes a statement in answer to a requirement under subsection (4) knowing the statement to be false or misleading in a material particular. A subsection (4) requirement is where a person, who has been duly authorised by the Registrar to examine documents of an Incorporated Aboriginal Association, requires a person to answer questions and produce documents. Subsection 60(6) will be replaced by the following Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
396. This item amends subsection 60(7). The subsection provides that a person is not excused, on the grounds of self-incrimination, from answering a question or producing a document which the person is required to answer or produce by a duly authorised person.
397. However the subsection also provides that answers given by a person or documents produced or anything obtained as a direct or indirect result of the answer or production is not admissible in evidence against the person in any proceedings except proceedings for an offence against the section. Item 9 amends subsection 60(7) by providing that the exception now extends to proceedings under the Criminal Code false or misleading information or documents offence provisions that relates to this section. This is necessary because the former offence at subsection 60(6) has been repealed by item 8 and replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
398. This item amends subsection 68(3). This subsection is similar to subsection 60(7) in that it provides that a person is not excused, on the grounds of self-incrimination, from answering a question or producing a document which the person is required to answer or produce by a duly authorised person.
399. However the subsection also provided that answers given by the person or documents produced or anything obtained as a direct or indirect result of the answer or production is not admissible in evidence against the person in any proceedings except proceedings for an offence against the subsection 69(2). Subsection 69(2) created an offence where a person appearing before the Registrar when required to do so under subsection 68(2) makes a false or misleading statement.
400. This item repeals the reference in subsection 68(3) to subsection 69(2) because item 11 repeals subsection 69(2). As a result this item provides that the exception extends to the Criminal Code false or misleading information offence (137.1) that relates to section 68.
401. As stated in the previous paragraph item 11 repeals subsection 69(2) which created an offence of making a statement that the person knows to be false or misleading in a material particular when appearing before the Registrar for examination under subsection 68(2). The offence is replaced by the Criminal Code offence: 137.1 (False or misleading information).
Aboriginal Land Rights (Northern Territory) Act 1976
402. Item 12 repeals subsection 23A(3). That subsection had created an offence of knowingly furnishing information that is false or misleading in response to a notice served on the person by an authorised person requiring the person to furnish information or produce documents relating to the matters specified in subsection (2). The offence is replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
403. Item 13 repeals subsection 23C(3) which created an offence of obstructing or hindering an authorised person in exercise of powers under this section to obtain access to the buildings and places specified in subsection (2). The offence is replaced by the Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
404. Item 14, which is consequential on the repeal of section 54B by item 16, omits the words "or section 54B" from subsection 54(3). Subsection 54(3) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 54 of the Act. The section also provides that the answer to a question is not admissible in evidence in proceedings against the person except proceedings under paragraph 6(c) or section 54B of the Act. In place of the omitted reference to section 54B the item substitutes that the exception also extends to proceedings under the Criminal Code false or misleading information offences (137.1, 137.2) that relate to this Act. The substituted reference is made because the repealed section 54B was a false or misleading information offence which is replaced by the Criminal Code offence: 137.1 (False or misleading information), 137.2 (False or misleading documents).
405. This item amends subsection 54A(3). The subsection provides that a person is not excused, on the grounds of self-incrimination, from answering a question put to the person under subsection (2) by a Commissioner who is conducting an inquiry under the Act. However the subsection also provides that the answer given by a person is not admissible in evidence against the person in any proceedings except proceedings for an offence against the section or against section 54B. Item 16 repeals section 54B and therefore the substituted wording inserted in subsection 54A(3) is consequential upon item 16. The substituted wording provides that the exception extends to proceedings under the Criminal Code offences: (137.1 (False or misleading information), 137.2 (False or misleading documents).
406. As stated in the previous paragraph item 16 repeals section 54B. Section 54B created offences of making a statement to a Commissioner, who is conducting a section 54 or 54A examination, that the person knows to be false or misleading in a material particular (paragraph (a)) or producing a document to a Commissioner who is conducting an inquiry under the Act where the person knows the document is false or misleading in a material particular (paragraph (b)). The 2 offences in section 54B are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
407. Section 93-3 of the Act, which created false or misleading information and documents offences in relation to affairs of an approved provider that is a corporation or in relation to the payment of a subsidy, is repealed by item 17. They are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
408. Section 96-8 of the Act, which created an offence of giving to the Secretary false or misleading information for the purpose of determining a person's income, is repealed by item 18. It is replaced by the general offence in the Criminal Code of giving false or misleading information (137.1).
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
409. This item repeals the reference in section 18(2) to sections 71, 72, 73, 74, 75 and 76 Crimes Act 1914. The item is consequential on item 154 in Schedule 2 which repeals these sections in the Crimes Act 1914. The repealed sections are replaced by Criminal Code offences: 131.1 (Theft), 145.4 (Falsification of documents etc.), 141.1 (Bribery of a Commonwealth public official), 145.4 (Falsification of documents etc.), 148.1 (Impersonation of an official by a non-official), 149.1 (Obstruction of Commonwealth public officials).
410. Item 20 repeals section 35 which created offences of giving false or misleading information or producing false or misleading documents. The offences are replaced by the offences inserted into the Criminal Code : 137.1 (False or misleading information), 137.2 (False or misleading documents).
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
411. Item 21 repeals section 37 which created offences of giving false or misleading information or producing false or misleading documents. The offences are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
Agricultural and Veterinary Chemicals (Administration) Act 1924
412. Item 22 repeals the reference in subsection 69F(3) to sections 71, 72, 73, 74, 75 and 76 Crimes Act 1914. The item is consequential on item 154 in Schedule 2 which repeals these sections in the Crimes Act 1914. The repealed sections are replaced by Criminal Code offences: 131.1 (Theft), 145.4 (Falsification of documents etc.), 141.1 (Bribery of a Commonwealth public official), 145.4 (Falsification of documents etc.), 148.1 (Impersonation of an official by a non-official), 149.1 (Obstruction of Commonwealth public officials).
Air Navigation Regulations 1947
413. The item repeals regulation 124 which created an offence of obstructing or impeding a person from exercising a power or performing a duty under the Act or Regulations. It is replaced by the Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
414. The item substitutes a new heading "Incorrect records" which more accurately describes the remaining contents of Part 17. The Part originally consisted of 6 sections (sections 226 to 231 inclusive) 5 of which created offences; 2 of which are repealed by this Bill and the remaining offences can be categorised as incorrect records offences.
415. The item is a minor consequential amendment following from the new Part 17 heading inserted by item 24. The item amends section 226, which provides a simplified outline of the Part, so that the outline provides that it is an offence to keep an incorrect record in connection with the operation of the Act. The section no longer provides that it is also an offence under the Part to make a false statement.
416. This item repeals section 227 which created a general offence of making false or misleading statements. The offence is replaced by the false or misleading statements in applications (136.1) and false or misleading information offences (137.1, 137.2) in the Criminal Code.
417. This item repeals section 229 which created a more specific offence of giving false or misleading information to airport-operator companies in purported compliance with requirements under the Act. The offence is covered by the Criminal Code offence of giving false or misleading information (137.1).
Antarctic Treaty (Environment Protection) Act 1980
418. This item repeals section 22. Section 22 creates an offence where a person falsely represents that he is an inspector. The offence is replaced by the Criminal Code offence: 148.1 (Impersonation of an official by a non-official)
419. The item repeals section 23 which creates an offence of assaulting or threatening an inspector acting in the performance of his duties. The offence is replaced by the Criminal Code offence: 147.1 (Causing harm to Commonwealth public official etc.), 147.2 (Threatening to cause harm to a Commonwealth public official etc.).
420. This item inserts a note at the foot of subsection 33(3) of the Act stating that section 149.1 of the Criminal Code deals with obstruction of Commonwealth public officials. The subsection requires the occupier of premises which an authorised official enters or proposes to enter to provide all reasonable facilities to the official for the effective exercise of powers under the section.
421. This item repeals section 34 of the Act. Section 34 creates an offence of making a statement to an audit official that the person knows is false or misleading in a material particular. The section also requires the person to identify the relevant particular in a document where the person gives a document to an audit official knowing that the document is false or misleading in a material particular. The offence is replaced by the Criminal Code false or misleading information offence (137.1) and false or misleading documents offence (137.2).
422. Item 32, which is consequential on the repeal of section 34 by item 31, omits the words "or 34" from section 35. Section 35 provides that self-incrimination is not an excuse not to produce a document or answer a question under section 32 of the Act. The section also provides that the answer or document, or anything directly or indirectly obtained therefrom, is not admissible in evidence in proceedings against the person except proceedings under sections 32 or 34 of the Act. In place of the omitted reference to section 34 the item substitutes that the exception also extends to proceedings under the false or misleading information or document offences in the Criminal Code (137.1, 137.2).
Australian Citizenship Act 1948
423. This item makes some consequential amendments to paragraph 21(1A)(a) of the Act as a result of the repeal of sections 29A (false pretences), 29B (false representation) and 29C (statements in applications for grant of money etc) of the Crimes Act by item 149. Section 21 provides that a person is taken to have obtained a certificate of Australian citizenship as a result of migration-related fraud if the person was convicted of certain offences under the Migration Act or the repealed sections of the Crimes Act and the offence was connected with the person's entry into Australia or the grant of a visa or permission to enter. The item substitutes a reference to the Criminal Code fraud related offences: 134.1(Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications).
Australian Federal Police Act 1979
424. This item amends part of the definition of "class 2 general offence" in paragraph 12B(a)(i) and (ii). Those paragraphs, prior to item 34 coming into force, provide that a general offence is an offence of any of the kinds mentioned in specified sections of the Crimes Act 1914 and in the Secret Commissions Act 1905 . All but 2 of the sections specified in subparagraph (a)(i) are repealed from the Crimes Act by items 151, 154 and 161 in this Schedule and the Secret Commissions Act 1905 (referred to in subparagraph (a)(ii)) is totally repealed by item 365 of the Schedule. The Crimes Act 1914 offences which are listed in subparagraph (a)(i) are at sections 32, 33, 34, 37, 42, 43, 44, 72, 73, 73A, 74 and 88 Crimes Act; with the exception of sections 34, 37, 42, 43 and 44 Crimes Act they are repealed by items 151, 154 and 161. The item inserts 2 replacement paragraphs (a)(i) and (ii); the new (a)(i) inserts reference to the Criminal Code false or misleading documents offence (137.2), bribery related offences (141.1, 142.1, 142.2) and falsification of documents offences (145.4, 145.5). The remainder of the Crimes Act sections which were referred to in the original subparagraph (a)(i) and which are not repealed by Schedule 2, namely sections 34, 37, 42, 43 and 44 Crimes Act 1914, are referred to in substituted subparagraph (a)(ii).
425. Item 35 repeals section 62 (misrepresentation by applicant). This offence is replaced by the Criminal Code offence: 137.1 (False or misleading information).
426. The item repeals paragraph 63(a) which creates an offence of a person who is not a member of the Australian Federal Police personating or passing himself or herself off as a member. This offence is replaced by the Criminal Code offence: 148.1 (Impersonation of an official by a non-official), 148.2 (Impersonation of an official by another official).
427. The item repeals subsection 64(1) which created an offence of assaulting, resisting, obstructing or hindering, or aiding, inciting or assisting another person to assault, resist, obstruct or hinder a member in the execution of his or her duty. The principal offences are replaced by the Criminal Code offences: (147.1 Causing harm to Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials). The ancillary offences of aid, incite, assist another person to carry out the principal offence apply to the Criminal Code offences under Part 2.4 of Chapter 2 of the Criminal Code (Chapter contains the General Principles of Criminal Responsibility).
428. This item is consequential upon the repeal of subsection 64(1) by item 37. The item omits the reference to subsection (1) and the penalty that may be imposed under that subsection. It substitutes a reference to the Criminal Code offences which replace the repealed subsection (1): 147.1 (Causing harm to a Commonwealth public official), 149.1 (Obstruction of Commonwealth public officials).
429. The item repeals subsection 64(3) which provided that subsection (1) is not intended to exclude or limit the concurrent operation of any law of the Australian Capital Territory. This subsection is no longer necessary because the offences in the Criminal Code which replace the offence in subsection (1) : 147.1 (Causing harm to a Commonwealth public official), 149.1 (Obstruction of Commonwealth public officials).are offences against the laws of the Commonwealth only (per section 1.1 of Chapter 1 of the Criminal Code. Section 1.1 states "The only offences against laws of the Commonwealth are those offences created by, or under the authority of, this Code or any other Act.").
Australian Film Commission Act 1975
430. The item repeals section 42 of the Act which created an offence of knowingly supplying to the Commission or an authorised person, in response to a requirement to do so, information that is false or misleading in a material particular. The offence is replaced by the Criminal Code offence: 137.1 (False or misleading information).
Australian Horticultural Corporation (Export Control) Regulations
431. Item 41 of Schedule 2 of this Bill repeals item 4 of Schedule 2 of the Regulations. Item 4 lists certain prescribed offences for the purpose of the Regulations and refers to offences against 29A (False pretences), 29B (False representation), 29C (Statements in applications for grant of money etc.) or 29D (Fraud) Crimes Act 1914. These Crimes Act sections are repealed by item 149 of Schedule 2 of this Bill. Item 4 of Schedule 2 of the Regulations is therefore repealed and the substituted item refers to the replacement offences in the Criminal Code :134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 144.1 (Forgery), 145.2 (Possession of forged document), 145.3 (Possession, making or adaptation of devices etc. for making forgeries), 145.4 (Falsification of documents etc.), 145.5 (Giving information derived from false or misleading documents).
Australian Horticultural Corporation (Honey Export Control) Regulations
432. Item 42 of Schedule 2 of this Bill repeals item 4 of Schedule 2 of the Regulations. Item 4 lists certain prescribed offences for the purpose of the Regulations and refers to offences against 29A (false pretences), 29B (false representation), 29C (statements in applications for grant of money etc.) or 29D (fraud) or Part V (forgery) of the Crimes Act 1914. The individual Crimes Act sections are repealed by item 149 of Schedule 2 of this Bill and Part V Crimes Act is repealed by item 153. Item 4 of Schedule 2 of the Regulations is therefore repealed and the substituted item refers to the replacement offences in the Criminal Code : 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 144.1 (Forgery), 145.2 (Possession of forged document), 145.3 (Possession, making or adaptation of devices etc. for making forgeries), 145.4 (Falsification of documents etc.), 145.5 (Giving information derived from false or misleading documents).
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
433. Item 43 repeals section 46 of the Act which creates offences of making a statement in connection with, or with an application for, a grant or loan from the Institute which the person knows to be false or misleading in a material particular or of presenting a document that, to the person's knowledge, contains information that is false or misleading in a material particular. These offences are replaced by the Criminal Code offence: 136.1 (False or misleading statements in applications).
434. The item amends paragraph 47(9)(b). Paragraph 47(9)(b) provides that a reference to an offence against the Act includes specific Crimes Act offences (including the ancillary offence provisions, 29C (Statements in applications for grant of money), 29D (Fraud), 86 Conspiracy ). The item omits from paragraph 47(9)(b) the references to sections 29C and 29D Crimes Act 1914 because these sections are repealed by item 149 of Schedule 2. The offences in those sections are replaced by Criminal Code offences: 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud), 136.1 (False or misleading statements in applications).
435. This item is consequential on item 44 and adds in to paragraph 47(9)(b) reference to the Criminal Code offences replacing the repealed sections 29C and 29D Crimes Act 1914 : : 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud), 136.1 (False or misleading statements in applications).
436. The item inserts subsection 10 at the end of section 47 of the Act. Subsection 10 provides that Part 2.5 of the Criminal Code does not apply to an offence against the Act. The item also adds a note after subsection 10 explaining that Part 2.5 deals with corporate criminal responsibility. This subsection is included to make it clear section 47 (conduct of directors, servants and agents) of the Act itself deals with corporate criminal responsibility.
Australian Protective Service Act 1987
437. This item repeals the reference to section 30 Crimes Act 1914 (seizing goods in Commonwealth custody) from subparagraph 13(2)(a)(i) of the Act because section 30 Crimes Act is itself repealed by item 149. Section 13 of the Act provides certain powers of arrest for protective service officers. Section 30 is replaced by an offence in the Criminal Code : 132.8 (Dishonest taking or retention of property).
438. This item repeals the references to sections 71, 73, 75, 76 Crimes Act 1914 (these are offences in Part VI Crimes Act - Offences by and against Public Officers) from the subparagraph 13(2)(a)(i) because these sections are repealed by item 154 of Schedule 2 of the Bill. The offences in those sections are replaced by Criminal Code offences: 131.1 (Theft), 141.1 (Bribery of a Commonwealth public official), 142.1 (Corrupting benefits given to, or received by, a Commonwealth public official), 147.1 (Causing harm to a Commonwealth public official etc.), 148.1 (Impersonation of an official by a non-official), 149.1 (Obstruction of Commonwealth public officials).
439. This item inserts a new paragraph 13(2)(c) which, in effect, provides that powers of arrest under the Act extend to the specified Criminal Code offences of theft (131.1), bribery (141.1), corruption (142.1), causing harm to Commonwealth public official (147.1), impersonation (148.1) and obstruction (149.1).
Australian Security Intelligence Organisation Act 1979
440. The item repeals section 33 which created an offence of obstructing or hindering a person acting in pursuance of a warrant under the Act. The offence is replaced by the Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
Australian Trade Commission Act 1985
441. The item repeals the subsection 95(2) which created an offence of making, in connection with an application or proposal for a contract of insurance etc a statement that the person knows is false or misleading in a material particular or presenting a document the person knows contain false or misleading information. These offences are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents)
442. The item omits reference to section 263B Bankruptcy Act from subsection 84(5). The item is consequential on item 55 which repeals section 263B (false proof of debts) and replaces with the Criminal Code offence: 137.1 (False or misleading information). Section 84 deals with the manner of proving debts and subsection 84(5) provides when a proof of debt shall be deemed not to have been lodged with the trustee.
443. The item omits reference to section 263B Bankruptcy Act from subsection 85(2C). The item is consequential on item 55 which repeals section 263B (false proof of debts) and replaces with the Criminal Code offence: 137.1 (False or misleading information), 137.2 (False or misleading documents). Subsection 85(2C) deals with when a proof of debt shall be deemed not to have been lodged with the trustee.
444. The item repeals subsection 263(2) which created an offence of disposing, receiving etc property of a bankrupt, property of a deceased estate or property under a deed of assignment knowing that it has been seized (offence at paragraph (2)(a)) or of obstructing or endeavouring to obstruct a person in the discharge of the person's duty with the intent to defeat the seizure of the property (offence at paragraph (2)(b)). The offence at paragraph (2)(b) is replaced by the obstruct hinder offence in the Criminal Code : 149.1 (Obstruction of Commonwealth public officials). The item inserts a substituted subsection (2) which reinserts the original offence at paragraph (2)(a).
445. The item repeals section 263B which created the offence of false proof of debts. The offence is replaced by a Criminal Code offence: 137.1 (False or misleading information), 137.2 (False or misleading documents).
446. Item 48 repeals section 264 which creates an offence of forgery of process and is replaced by the Criminal Code forgery related offences: 144.1 (Forgery), 145.1 (Using forged document).
447. The item repeals section 267A which created an offence where a bankrupt gives a statement to the trustee under section 139U of the Act which is false or misleading in a material particular. The offence is replaced by the general offence in the Criminal Code : 137.1 (False or misleading information).
448. The item repeals section 267C which creates an offence of giving false or misleading information to the trustee under section 139U or producing books that are false or misleading in response to a requirement under subsection 6A(3), paragraph 77C(1)(a) or section 139V. The offences are replaced by the general Criminal Code false or misleading information/document offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
449. The item repeals section 268A which created an offence of submitting a declaration to a meeting of creditors when the person knows the declaration is false or misleading in a material particular or that a material matter has been omitted from the declaration. The offence is replaced by the Criminal Code false or misleading information offence:137.1 (False or misleading information), 137.2 (False or misleading documents).
Bounty and Capitalisation Grants (Textile Yarns) Act 1981
450. Section 16 provides that a Collector or authorised officer may require a person to answer questions and produce documents. Item 60 omits the reference in subsection (1A) to subsection (1B) and is consequential on item 61 which repeals subsection 16(1B). The item also substitutes a reference to the Criminal Code false or misleading documents offence (137.2) which is the replacement offence for the offence at the repealed subsection 16(1B).
451. This item repeals subsection 16(1B) which created an offence of producing a book or document (in response to a requirement to do so) which contains false or misleading information. The offence is replaced by the Criminal Code false or misleading documents offence: 137.2 (False or misleading documents).
452. Item 62, which is consequential on the repeal of subsections 18(3) and (4) by item 63, omits the words "or 18(3) or (4)" from subsection 16(3). Subsection 16(3) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 16 of the Act. The section also provides that the answer or document is not admissible in evidence in proceedings against the person except proceedings under paragraph 18(1)(c) or subsections 18(3) or (4) of the Act. In place of the omitted reference to subsections 18(3) or (4) the item substitutes that the exception also extends to Criminal Code false or misleading statements in applications (136.1), false or misleading information (137.1) or document (137.2) proceedings that relate to this Act.
453. The item repeals subsections 18(2) [knowingly obtaining, or attempting to obtain, a bounty which is not payable], 18(3) [making a false or misleading statement or producing a false or misleading document], 18(4), 18(5) and 18(6) [ these 3 subsections deal with corporate criminal responsibility]. The offences at subsections (2) and (3) are replaced by the Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). The corporate criminal responsibility provisions in the remaining subsections are replaced by Part 2.5 in Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
454. The item repeals subsection 18(7) and substitutes a replacement subsection (7). The replacement subsection (7) is consequential upon repeal of subsection 18(2) by item 63. The replacement paragraph (7)(a) provides that, in respect of the same claim for bounty, a person shall not be convicted both of an offence against section 135.2 Criminal Code (Obtaining financial advantage) - in place of the repealed subsection 18(2) (obtaining a bounty which is not payable) and an offence against or arising out of subsection 10B(1) (which is unchanged from original). The replacement paragraph 7(b) provides that, in respect of the same claim for bounty, a person shall not be convicted both of an offence against section 135.2 Criminal Code (Obtaining financial advantage) (in place of the repealed subsection 18(2) - obtaining a bounty which is not payable) and an offence against the Criminal Code false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
455. Section 18B deals with recovery of a bounty on conviction of an offence. Subsection 18(1) provides that this applies where a person is convicted of offences against subsection 10B(1) or 18(2) or (3). The amendment of subsection 18B(1) by this item is consequential on the repeal by item 63 of subsections 18(2) and (3). The item omits the reference to repealed subsections 18(2) or (3). The offences are replaced by the Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
456. This item omits the words "under this subsection" in subsection 18B(1). This item is consequential upon item 65 which inserts reference to conviction of certain Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). As a result the penalties which are being referred to in the subsection in addition to which the court may make an order to pay the Commonwealth are no longer limited to penalties under subsections; they include penalties under specified Criminal Code sections. Accordingly the words "under this subsection" are now inaccurate and so are omitted.
457. The item repeals section 21K. Subsection 21K(1) created offences of making false or misleading statements in an application or giving a person a book or document that is false or misleading in a material particular. These offences are replaced by the Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). Subsections (2), (3) and (4), which deal with corporate criminal responsibility, are also repealed by this item. Part 2.5 of the Chapter 2 of the Criminal Code deals with corporate criminal responsibility and will apply to the Act (Chapter 2 deals with the General Principles of Criminal Responsibility).
458. This item omits the reference in subsection 21L(1) to subsection 21K(1). This item is consequential upon item 67 which repeals section 21K. Accordingly this item substitutes reference to the Criminal Code offences replacing the subsection 21K(1) offences, namely the false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
459. This item is consequential upon item 67 which repealed section 221K which section was referred to in subsection 21L(1) and omits the words "under that subsection" from the latter subsection. Now that 21K is to be repealed and there are several replacement Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents), the term is no longer appropriate.
Bounty (Bed Sheeting) Act 1977
460. This item omits the reference in subsection 16(3) to paragraph 18(2)(c). It is consequential upon item 72 which repeals the whole of subsection 18(3). The substituted words refer to the replacement false or misleading statement Criminal Code offence: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
461. The item repeals subsection 18(2) which contains offences at paragraphs 18(2)(a) of obtaining a bounty which is not payable, at 18(2)(b) of obtaining (or attempting to obtain) a bounty by means of a false or misleading statement or false or misleading document, and at 18(2)(c) of making a false or misleading statement to an officer. The offences are replaced by the Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
462. This item is also consequential on item 63 and omits the reference in subsection 18(3) to subsection (2) and substitutes the replacement Criminal Code offence provisions, namely the obtain financial advantage and false or misleading statements/information/documents offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
463. This item repeals the words "under that subsection" which are a reference to the earlier reference in the subsection to subsection (2) which has itself been repealed by item 71.
464. The item is consequential on repeal, by item 75, of subsection 25(3). That subsection created an offence of producing a false or misleading document and is replaced by the Criminal Code offence: 137.2 (False or misleading documents). Accordingly the reference in subsection 25(2) to subsection 25(3) is omitted and reference inserted to the Criminal Code offence: (137.2).
465. This item repeals subsection 25(3) which is an offence of producing a false or misleading document and which is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
466. The item is consequential on the repeal of subsections 25(3) and paragraph 27(3)(a) by items 75 and 77 respectively, omits the words referring to proceedings under these 2 provisions. Subsection 25(3) provides that self-incrimination is not an excuse not to produce a document or answer a question when required to do so under the Act. The section also provides that the answer or document is not admissible in evidence in proceedings against the person except proceedings under subsection 25(3) and paragraph 27(3)(a) of the Act. In place of the omitted reference to subsection 25(3) and paragraph 27(3)(a) the item substitutes that the exception (to non-admissibility in evidence) relates to proceedings under the replacement Criminal Code false or misleading statement/information/document offences (136.1, 137.1, 137.2) that relate to this Act.
467. The item repeals subsections 27(2), (3), (4), (5) and (6). Subsections (2) and (3) contain offences and subsections (4), (5) and (6) provide for corporate criminal responsibility. Subsection (2) creates an offence of obtaining a bounty that is not payable and subsection (3) creates offences of making a false or misleading statement or producing a false or misleading document; these offences are replaced by the Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). The corporate criminal responsibility provisions are replaced by Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 is the General Principles of Criminal Responsibility).
468. The item repeals subsection 27(7) and substitutes a replacement subsection. The subsection provides that a person must not be convicted of both of the 2 types of offences which are specified in paragraphs 27(7)(a) and (b) in respect of the same claim for bounty. The substituted paragraphs are consequential upon the repeal by item 77 of subsections (2) and (3). Substituted paragraph (7)(a) replaces the prohibited combination of convictions under subsection (2) and subsection 16(1) with the combination of convictions under the Criminal Code obtain financial advantage offence (135.2) (which is the replacement for subsection (2) offence) and subsection 16(1). Substituted paragraph (7)(b) replaces the prohibited combination of convictions under both subsections (2) and (3) with the combination of offences under the Criminal Code obtain financial advantage offence (135.2) and the Criminal Code false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
469. This item repeals subsections 27(9), (10) and (11). Because these subsections deal with offences against subsection (2) they must be repealed as a consequence of the repeal of subsection (2) by item 77; subsection (9) provides that a subsection (2) offence is an indictable offence, subsection (10) provides that a court of summary jurisdiction may hear subsection (2) proceedings and subsection (11) provides penalties where a court of summary jurisdiction convicts a person of a subsection (2) offence.
470. This item omits the reference in subsection 29(1) to subsections 27(2) or (3) which are themselves repealed by item 77. Subsection 29(1) provides that where a person is convicted of a subsection 16(1) offence or a subsection 27(2) or (3) offence the court may in addition to imposing a penalty under the subsection order the person to refund the bounty wrongfully obtained. The substituted paragraph inserts, in place of subsection 27(2) and (3), reference to the Criminal Code obtain financial advantage offence (135.2) and the Criminal Code false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
471. Item 81 is a further consequential amendment of subsection 29(1) and omits the words "under that subsection" which is a reference back to the repealed subsection 27(2) or (3).
472. This item, which omits the reference in subsection 21(2) to subsection (3), is consequential upon item 83 which repeals subsection 21(3). Subsection 21(2) requires a notice to a person requiring the production of a document to set out the effect of subsection 21(3). Item 82 inserts substituted wording referring to the Criminal Code offence: 137.2 (False or misleading documents) which replaces the subsection 21(3) offence.
473. The item repeals subsection 21(3). Subsection 21(3) requires a person who produces a document, in response to a notice under subsection 21(1), that is false or misleading in a material particular to specify the material particular which is false or misleading to the person's knowledge. That subsection is replaced with the Criminal Code offence: 137.2 (False or misleading documents).
474. Item 84, which is consequential on the repeal of subsection 21(3) [by item 83] and paragraph 23(3)(a) [by item 85] omits the words "proceedings under, or arising out of or by virtue of, subsection 21(3) or paragraph 23(3)(a)" from subsection 21(5). Subsection 21(5) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 21 of the Act. The section also provides that the answer or document (or any information or thing obtained therefrom) is not admissible in evidence in criminal proceedings against the person except proceedings under the previously mentioned provisions omitted by this item. In place of the omitted subsections the item substitutes that the exception also extends to Criminal Code false or misleading statement/information/documents proceedings that relate to this Act: (136.1, 137.1, 137.2).
475. This item repeals subsections 23(2), (3), (4), (5) and (6). The offences at subsections 23(2) and(3) are replaced by Criminal Code offences as follows; subsection (2) - obtain (or attempt to obtain) a bounty that is not payable: 135.2 (Obtain financial advantage), paragraph (3)(a) - make false or misleading statements: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information)- and paragraph 3(b) - present a false or misleading document: 137.2 (False or misleading documents). Subsections (4), (5) and (6) deal with corporate criminal responsibility and are replaced by Part 2.5 of Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
476. The item is consequential upon item 77 repealing subsections (2) and (3) and provides that a person must not be convicted, in relation to the same claim for bounty, both of offences against subsection (2) - substituted paragraph (a) in the item changes this to the Criminal Code offence: 135.2(Obtain financial advantage) - and also against subsection 12(1). Paragraph (b) prohibits conviction of both the offence against the Criminal Code offence (135.2) substituted for the subsection (2) offence and conviction against the Criminal Code false or misleading statements/information/documents offences: (136.1, 137.1, 137.2).
477. This item is consequential on repeal of subsections 23(2) and (3) and omits the reference in subsection 25(1) to subsections 23(2) or (3) which are themselves repealed by item 85. Subsection 25(1) provides that where a person is convicted of a subsection 12(1) offence or a subsection 23(2) or (3) offence the court may in addition to imposing a penalty under the subsection order the person to refund the bounty wrongfully obtained. The substituted paragraph inserts, in place of subsection 23(2) and (3), reference to the Criminal Code offences: obtaining financial advantage (135.2), making a false or misleading statement in an application (136.1), giving false or misleading information (137.1) and producing a false or misleading document (137.2).
478. This item further amends subsection 25(1) by omitting the words "under that subsection" which appear later in 25(1) and which are a reference back to conviction under subsection 12(1) or 23(2) or (3). This amendment is consequential on item 85 which repeals subsections (2) and (3). No replacement wording is necessary.
479. Item 89 repeals subsection 16(7) which created an offence for a manufacturer to furnish information that the manufacturer knows to be false or misleading. It is replaced by the Criminal Code offence: 137.1 (False or misleading information).
480. Section 25 provides that a Collector or authorised officer may require a person to answer questions and produce documents. Item 90 amends subsection 25(2), which originally provided that a notice requiring a person to produce a document must set out the effect of subsection (3), by omitting the reference to subsection (3) and substituting a reference to section the Criminal Code false or misleading documents offence (137.2) (which is the offence to subsection (3)). The item is consequential on item 91 which repeals subsection 25(3).
481. The item repeals subsection 25(3) which created an offence of producing a book that is false or misleading in a material particular. It is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
482. Item 92, which is consequential on the repeal of subsection 25(3) by item 91 and the repeal of paragraph 27(3)(a) by item 93, omits the words "proceedings under, or arising out of or by virtue of, subsection (3) or paragraph 27(3)(a)". Subsection 25(5) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 25 of the Act. The section also provides that the answer or document is not admissible in evidence in proceedings against the person except proceedings under, subsection (3) or paragraph 27(3)(a). In place of the omitted references to these provisions the item substitutes that the exception also extends to proceedings under the Criminal Code offences of making false or misleading statements in applications (136.1), giving false or misleading information (137.1) and producing false or misleading documents (137.2) where the proceedings relate to this Act.
483. The item repeals subsections 27(2) and (3). Subsection 27(2) created an offence of obtaining, or attempting to obtain, a bounty not payable. Subsection 27(3) created an offence of making a false or misleading statement (paragraph (a)), or presenting a false or misleading document (paragraph (b)). The offences are replaced by the Criminal Code offences: 135.2 (Obtain financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
484. Item 94 amends subsection 27(4) by omitting the reference to subsection (2) (repealed by item 85) and substituting the reference for the Criminal Code offence of obtaining a bounty that is not payable: 135.2 (Obtain financial advantage).
485. The item amends subsection 29(1). The subsection provides that where a person is convicted of an offence against subsection 15(1) or 27(2) or (3) the court may, in addition to imposing a penalty under the subsection order the person to refund the amount of the bounty. The item omits the reference to subsections (2) and (3) and the substituted words provide that where the person is convicted of a subsection 15(1) offence or of the Criminal Code offences of obtaining bounty not payable (135.2) or of the false or misleading statement/information/document offences (136.1, 137.1, 137.2) the court may make the refund order.
486. This item further amends subsection 29(1) by omitting the words "under the subsection" because the alternative offence provisions, conviction under one of which, enables the court to make the refund order are not all subsections. This amendment is consequential on item 93 repealing subsections 27(2) and (3).
Bounty (Fuel Ethanol) Act 1994
487. Item 97 amends subsection 50(3). Subsection 50(2) provides that an authorised officer may, by written notice, require a person to give information, produce books or attend at a specified place to answer questions. Subsection (3) provides that the notice must set out the effect of section 51. Section 51 creates an offence of producing documents which are false or misleading in a material particular. Item 97 omits the reference to section 51 because that section is repealed by item 98. The item substitutes a reference to the Criminal Code false or misleading documents offence (137.2).
488. Item 98 repeals section 51 which had created an offence of producing documents, in response to a section 50 notice, which the person knows is false or misleading in a material particular. It is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
489. Item 99, which is consequential on the repeal of section 51 and the repeal of paragraph 55(3)(a), omits the words "proceedings under, or arising out of or because of, section 51 or paragraph 55(3)(a)". Subsection 52(2) provides that the answer or document (or information or thing obtained therefrom) is not admissible in evidence in criminal proceedings against the person except proceedings under, section 51 or paragraph 55(3)(a). In place of the omitted references to these provisions the item substitutes that the exception also extends to Criminal Code false or misleading statements/information/documents (136.1, 137.1, 137.2) proceedings that relate to this Act.
490. The item repeals subsections 55(2), (3) and (4) and inserts a replacement subsection (4). Subsection 55(2) creates an offence of obtaining a bounty not payable. Subsection 55(3) creates an offence of making false or misleading statements or presenting false or misleading documents. The item does not reinsert any provision in relation to these 2 subsections. These offences are replaced by the Criminal Code offences: 135.2 (Obtain financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). Subsection (4) provides that (at paragraph (a)) a person must not be convicted, in respect of the same claim for bounty, of both an offence arising out of subsection (2) and subsection 30(2). In view of the repeal of subsection (2) substituted paragraph (4)(a) provides that a person must not be convicted both of an offence against the Criminal Code obtain financial advantage offence (135.2) and a subsection 30(2) offence. Original paragraph (4)(b) provides that a person must not be convicted both of a subsection (2) and subsection (3) offence. Since both subsections are repealed by item 92 the substituted paragraph (4)(b) prohibits convictions both against the Criminal Code obtain financial advantage offences (135.2) and the Criminal Code false or misleading statement/information/document offences (136.1, 137.1, 137.2).
491. This item repeals section 56 which deals with corporate criminal responsibility and is replaced by Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 deals with the General Principles of Criminal Responsibility).
492. The item amends subsection 58(1). The subsection provides that where a person is convicted of an offence against subsection 30(2) or 55(2) or (3) the court may, in addition to imposing a penalty under the subsection order the person to refund the amount of the bounty. The item omits the reference to subsections 55(2) and (3) and the substituted words provide that where the person is convicted of an offence against subsection 30(2) or the Criminal Code obtain financial advantage offence (135.2) or the false or misleading statement/information/document offences (136.1, 137.1, 137.2) the court may make the refund order.
493. This item further amends subsection 58(1) by omitting the words "under the subsection" because the alternative offence provisions, conviction under one of which enables the court to make the refund order, are not all subsections. This amendment is consequential on item 100 repealing subsections 55(2) and (3).
Bounty (Machine Tools and Robots) Act 1985
494. Item 104 amends subsection 33(2). Subsection 33(1) provides that an authorised officer may, by notice, require a person to give information, produce books or attend at a specified place to answer questions. Subsection (2) provides that the notice must set out the effect of subsection (3). Subsection (3) creates an offence of producing documents which are false or misleading in a material particular. Item 104 omits the reference to subsection (3) because that section is repealed by item 105. The item substitutes a reference to the Criminal Code false or misleading documents offence (137.2).
495. Item 105 repeals subsection 33(3) which created an offence of producing a false or misleading document. It is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
496. Item 106, which is consequential on the repeal of subsection 33(3) by item 105 and the repeal of paragraph 35(3)(a) by item 107, omits the words "proceedings under, or arising out of or by virtue of, subsection (3) or paragraph 35(3)(a)". Subsection 33(5) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 33 of the Act. The section also provides that the answer or document is not admissible in evidence in criminal proceedings against the person except proceedings under, or arising out of or by virtue of subsection 33(3) or paragraph 35(3)(a). In place of the omitted references the item substitutes that the exception also extends to Criminal Code obtain financial advantage offence (135.2) proceedings that relate to this Act.
497. The item repeals subsections 35(2) and (3). Subsection 35(2) creates an offence of obtaining or attempting to obtain a bounty. Subsection 35(3) creates an offence of making a false or misleading statement or producing a false or misleading document. They are replaced by the Criminal Code offences: 135.2 (Obtain financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
498. The item repeals subsection 35(4) and inserts a replacement subsection (4). Subsection (4) provides that a person must not be convicted, in respect of the same claim for bounty, of both an offence arising out of subsection (2) and subsection 23(1). In view of the repeal of subsection (2) substituted paragraph (4)(a) provides that a person must not be convicted both of a Criminal Code obtain financial advantage offence (135.2) and a subsection 23(1) offence. Original paragraph (4) also provides that a person must not be convicted both of a subsection (2) and subsection (3) offence. Since both subsections are repealed the substituted paragraph (4)(b) prohibits convictions both against the Criminal Code obtain financial advantage (135.2) and false or misleading statement/information/document offences (136.1, 137.1, 137.2).
499. The item amends subsection 37(1). The subsection provides that where a person is convicted of an offence against subsection 23(1) or 35(2) or (3) the court may, in addition to imposing a penalty under the subsection, order the person to refund the amount of the bounty. The item omits the reference to subsections 35(2) and (3) and the substituted words provide that where the person is convicted of a subsection 23(1) offence or an offence against the Criminal Code obtain financial advantage offence (135.2) and the Criminal Code false or misleading statement/information/document offence (136.1, 137.1, 137.2) the court may make the refund order.
500. This item further amends subsection 37(1) by omitting the words "under the subsection" because the alternative offence provisions conviction under one of which enables the court to make the refund order are not all subsections. This amendment is consequential on repeal of subsections 35(2) and (3).
Bounty (Photographic Film) Act 1989
501. Item 111 amends subsection 22(2). Subsection 22(1) provides that an authorised officer may, by written notice, require a person to attend at a specified place to give information, produce books and answer questions. Subsection (2) provides that the notice must set out the effect of subsection (3). Subsection (3) creates an offence of producing documents which are false or misleading in a material particular. Item 103 omits the reference to subsection (3) because that section is repealed by item 104. The item substitutes a reference to the Criminal Code offence: 137.2 (False or misleading documents).
502. Item 112 repeals subsection 22(3) which had created an offence of producing documents, in response to a subsection (1) notice, which the person knows is false or misleading in a material particular. It is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
503. Item 113, which is consequential on the repeal of subsection 22(3) and the repeal of paragraph 24(3)(a), omits the words "proceedings under, or arising out of or because of, subsection (3) or paragraph 24(3)(a)". Subsection 22(5) provides that a person is not excused from answering a question or producing a document on the ground of self-incrimination but the answer or document (or information or thing obtained therefrom) is not admissible in evidence in criminal proceedings against the person except proceedings under, subsection (3) or paragraph 24(3)(a). In place of the omitted references to these provisions the item substitutes that the exception also extends to false or misleading statements/information/documents offences (136.1, 137.1, 137.2) under the Criminal Code that relate to this Act.
504. This item repeals subsections 24(2), (3), (4), (5) and (6). The offences at subsections 23(2) and(3) are replaced by Criminal Code offences; subsection (2) - obtain (or attempt to obtain) a bounty that is not payable: 135.2 (Obtain financial advantage), paragraph (3)(a) - make false or misleading statements: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), and paragraph 3(b) - present a false or misleading document: 137.2 (False or misleading documents). Subsection (4), (5) and (6) deal with corporate criminal responsibility and are replaced by Part 2.5 of Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
505. The item repeals subsection 24(7) and inserts a replacement subsection (7). Subsection (7) provides that (at paragraph (a)) a person must not be convicted, in respect of the same claim for bounty, of both an offence arising out of subsection (2) and subsection 30(2). In view of the repeal of subsection 24(2) substituted paragraph (7)(a) provides that a person must not be convicted both of a Criminal Code obtain financial advantage offence (135.2) and a subsection 14(1) offence. Original paragraph (7)(b) provides that a person must not be convicted both of a subsection (2) and subsection (3) offence. Since both subsections are repealed the substituted paragraph (7)(b) prohibits convictions both against the Criminal Code obtain financial advantage (135.2) and false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
506. The item amends subsection 26(1). The subsection provides that where a person is convicted of an offence against subsection 13(1) or 24(2) or (3) the court may, in addition to imposing a penalty under the subsection, order the person to refund the amount of the bounty. The item omits the reference to subsections 13(1) or 24(2) or (3) and the substituted words provide that where the person is convicted of a subsection 13(1) offence or a Criminal Code obtain financial advantage (135.2) or false or misleading statements/information/documents offence (136.1, 137.1, 137.2) the court may make the refund order.
507. This item further amends subsection 26(1) by omitting the words "under the subsection" because the alternative offence provisions conviction under one of which enables the court to make the refund order are not all subsections. This amendment is consequential on item 106 repealing subsections 24(2) and (3).
508. Item 118 amends subsection 23(2). Subsection 23(1) provides that an authorised officer may, by notice, require a person to give information, produce books or attend at a specified place to answer questions. Subsection (2) provides that the notice must set out the effect of subsection (3). Subsection (3) creates an offence of producing documents which are false or misleading in a material particular. Item 110 omits the reference to subsection (3) because that section is repealed by item 111. The item substitutes a reference to the Criminal Code false or misleading documents offence (137.2).
509. This item repeals subsection 23(3). That subsection created an offence where a person, who receives a notice under subsection 23(1) requiring the production of a document, produces a document which the person knows is false or misleading in a material particular and the person does not give a signed statement that the document is false or misleading setting out or referring to the material particular in respect of which the document is, to the knowledge of the person, false or misleading. The repealed offence is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
510. Item 120, which is consequential on the repeal of subsection 23(3) and paragraph 25(3)(a) omits reference to these provisions from subsection 23(5). Subsection 23(5) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 23 of the Act. The section also provides that the answer or document is not admissible in evidence in criminal proceedings against the person except proceedings under the repealed provisions. In place of the omitted reference to the repealed provisions the item substitutes reference to the Criminal Code false and misleading statements/information/documents offences (136.2, 137.1, 137.2).
511. This item repeals subsections 25(2), (3), (4), (5) and (6). The offences at subsections 23(2) and(3) are replaced by Criminal Code offences: subsection (2) - obtain (or attempt to obtain) a bounty that is not payable: 135.2 (Obtain financial advantage), paragraph (3)(a) - make false or misleading statements: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information) and paragraph 3(b) - present a false or misleading document: 137.2 (False or misleading documents). Subsection (4), (5) and (6) deal with corporate criminal responsibility and are replaced by Part 2.5 of Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
512. The item repeals subsection 25(7) and inserts a replacement subsection (7). Subsection (7) provides that (at paragraph (a)) a person must not be convicted, in respect of the same claim for bounty, of both an offence arising out of subsection (2) and subsection 14(1). In view of the repeal of subsection 25(2) substituted paragraph (7)(a) provides that a person must not be convicted both of an offence against the Criminal Code 'obtain financial advantage' offence (135.2) and an offence for lodgement of an excessive claim (subsection 14(1)). Original paragraph (7)(b) provides that a person must not be convicted both of a subsection (2) and subsection (3) offence. Since both subsections are repealed by item 113 the substituted paragraph (7)(b) prohibits convictions both against the Criminal Code obtain financial advantage (135.2) and false or misleading statements/information/documents offences (136.1, 137.1, 137.2) in respect of the same bounty claim.
513. This item repeals subsections 25(9), (10) and (11). Because these subsections deal with offences against subsection (2) they must be repealed as a consequence of the repeal of subsection (2); subsection (9) provides that a subsection (2) offence is an indictable offence, subsection (10) provides that a court of summary jurisdiction may hear subsection (2) proceedings and subsection (11) provides penalties where a court of summary jurisdiction convicts a person of a subsection (2) offence.
514. This item omits the reference in subsection 27(1) to subsections 25(2) or (3) which are themselves repealed by item 121. Subsection 27(1) provides that where a person is convicted of an offence of excessive bounty claim or an offence of obtaining a bounty which is not payable or making a false or misleading statement or producing a false or misleading document the court may in addition to imposing a penalty under the subsection order the person to refund the bounty wrongfully obtained. The substituted paragraph inserts the references for the applicable Criminal Code offences: 135.2 (Obtain financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents) in place of the references to the original offences of this nature in the Act.
515. This item further amends subsection 27(1) by omitting the words "under the subsection" because the alternative offence provisions (conviction under one of which enables the court to make the refund order) are not all subsections. Broadcasting Services Act 1992
516. The item inserts a definition of the term "offence against this Act" into the Act. The purpose of the definition is to ensure that duly authorised officers under the Act are able to continue to investigate false and misleading information offences relating to the Act after the offence previously at the section 208 is repealed by item 127 and replaced by the Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
517. The item repeals the offence in section 208 of making a statement in an application under the Act, or in a response to a request for information under the Act, that is false or misleading in a material particular. The offence is replaced by offences in the Criminal Code : 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
518. This item was omitted by Government Amendment as a technical correction.
519. Item 129 repeals subsection 23A(3) which creates an offence of making a false or misleading statement in purported compliance with regulations under subsection (1). The offence is replaced by an offence in the Criminal Code : 137.1 (False or misleading information).
Civil Aviation Regulations 1988
520. The item repeals the offence in regulation 285 of obstructing or impeding a person exercising power conferred on the person by the regulations. The offence is replaced by an Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
521. This item amends paragraph 5(c) of the Coal Excise Act 1949. Section 5 provides that provisions of the Excise Act 1901 shall be read as one with the Coal Excise Act 1949. Item 122 omits reference in section 5 Coal Excise Act to the offences in the Excise Act of obtaining any drawback or refund of duty which is not payable. These offences are replaced by the obtaining financial advantage offences in the Criminal Code : 134.2 (Obtaining financial advantage by deception), 135.2 (Obtaining financial advantage). Later items in this Schedule repeal these offences from the Excise Act 1901.
522. The item repeals the offence at section 27 of obstructing, molesting, resisting or hindering a officer in the performance of his duty under the Act. The offence is replaced by offences under the Criminal Code : 149.1 (Obstruction of a Commonwealth public officials), 147.1 (Causing harm to a Commonwealth public official etc.) The term "Commonwealth public official" is widely defined in the Criminal Code.
523. Item 133 repeals the false or misleading statement offence at subsection 53(4). The offence is replaced by an offence in the Criminal Code : 137.1 (False or misleading information).
Commonwealth Electoral Act 1918
524. This item repeals 2 offences; at subsection 184(6) and (7). Section 184 deals with applications for postal votes. The offences repealed relate to an elector making a false statement in an application for a postal vote or in any declaration relating to such an application (subsection (6)). The offence at subsection (7) is to induce an elector to make a false statement in a postal vote application or in a declaration relating to such an application. The subsection (6) offence is replaced by an offence inserted in the Criminal Code by Schedule 1 of the Bill: 137.1 (False or misleading information). The ancillary offence at subsection (7) is provided by the ancillary offence provisions in Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 is the General Principles of Criminal Responsibility).
525. Item 135 repeals the offences in subsections 184A(5) and (6). Section 184A deals with applications for registration as general postal voter and the offences repealed are those of making a false statement in an application for general voter registration or in any declaration relating to such an application (subsection (5)). The offence at subsection (6) is to induce an elector to make a false statement in an application under the section or in a declaration relating to such an application. The subsection (5) offence is replaced by offences inserted in the Criminal Code by Schedule 1 of the Bill: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information). The ancillary offence at subsection (6) is provided by the ancillary offence provisions in Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 is the General Principles of Criminal Responsibility).
526. The item repeals paragraph 339(1)(f) which created an offence of forging any nomination paper or ballot-paper or uttering any nomination or ballot-paper knowing it to be forged. The offence is replaced by Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document).
527. Item 137 is a minor consequential punctuation amendment which inserts a full-stop after paragraph 339(1)(h) as a result of the repeal of paragraph 339(1)9k).
528. This item repeals paragraph 339(1)(k) which created an offence of making a false or misleading statement in any claim, application or return (but excluding statements in the person's nomination paper) or in answer to a question under the Act or regulations. The offence is replaced by Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
529. This item repeals subsections 339(3) and (4). Subsection (3) created an offence of making a false or misleading statement in his or her nomination paper or omitting from a statement in his or her nomination paper any matter or thing without which the statement is misleading in a material particular. Subsection (4) provides a defence to the subsection (3) offence if the person proves he did not know or could not reasonably be expected to have known the statement was false or misleading. The offence is subsection (3) is replaced by an offence in the Criminal Code : 137.1 (False or misleading information), 137.2 (False or misleading documents). Part 2.3 of Chapter 2 of the Criminal Code provides general defences that are available to all offences.
530. This item repeals section 344 which created offences of forging electoral papers or uttering any forged electoral paper knowing it to be forged. The offences are replaced by Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document).
Commonwealth Inscribed Stock Act 1911
531. This item repeals section 48 of the Commonwealth Inscribed Stock Act 1911. Section 48 creates an offence where a person, with intent to defraud, forges or utters a forged prescribed document relating to the transfer of stock, a relevant power of attorney, or the signature of any person as witness to the execution of any instrument or document in respect of stock. These offences are being replaced by the Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document).
Commonwealth Places (Application of Laws) Act 1970
532. This item inserts into subsection 5(2) of the Commonwealth Places (Application of Laws) Act 1970 ("the Act") a reference to section 4 of the Crimes Act 1914. The insertion adds section 4 to the list of Crimes Act provisions which do not apply to the applied provisions as defined by the Act. The Act defines the applied provisions as those provisions which apply, or are deemed to have applied, in accordance with section 4 of the Act. Section 4 of the Act provides for the application of State law to Commonwealth places. The effect of item 142 is to remove the application of common law principles with respect to criminal liability in relation to Commonwealth places.
533. This item adds subsection 2B to section 5 of the Commonwealth Places (Application of Laws) Act 1970 ("the Act"). The proposed subsection 5(2B) states that Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, the applied provisions. Chapter 2 of the Criminal Code establishes the general principles of criminal responsibility under the Code and governs the application of the general principles to offences under Commonwealth law which are created by legislation other than the Criminal Code. The Act defines the applied provisions as those provisions which apply, or are deemed to have applied, in accordance with section 4 of the Act. Section 4 of the Act provides for the application of State law to Commonwealth places. The effect of item 143 is to deny the application of Chapter 2 of the Criminal Code with respect to criminal liability in relation to Commonwealth places.
Complaints (Australian Federal Police) Act 1981
534. This item inserts paragraph (ea) in subsection 27(5) of the Complaints (Australian Federal Police) Act 1981 ("the Act"). Subsection 27(5) of the Act relevantly provides that a person is not excused from furnishing any information, producing a document or answering any question as required under section 27 by reason of the matters detailed in paragraphs 27(5)(a), (b) or (c), but the information, the production of the record or the answer to the question is not admissible in evidence against the person in proceedings other than the proceedings detailed in paragraphs 27(5)(d), (e) or (f). Proposed paragraph 5(ea) adds to the list of exempt proceedings a prosecution under proposed sections 137.1, 137.2 or 149.1 of the Criminal Code. These latter sections establish the generic offence provisions under the Criminal Code in relation to giving false or misleading information (137.1), producing a false or misleading document (137.2), or obstructing, hindering, intimidating or resisting a Commonwealth public official (149.1). The term 'Commonwealth public official' is defined in the proposed addition to the Criminal Code dictionary (clause 27 of Schedule 1).
535. This item repeals subsection 44(2) of the Complaints (Australian Federal Police) Act 1981 ("the Act"). Subsection 44(2) establishes offences in relation to obstructing, hindering or resisting the Ombudsman or any other person in the exercise of functions under that Part of the Act, and furnishing false or misleading information or making a false or misleading statement to the Ombudsman or to an authorised person. These offences are being replaced by Criminal Code offences: 149.1 (Obstruction of Commonwealth public officials), 137.1 (False or misleading information)
536. This item removes the references in paragraph (c) of the definition of 'Commonwealth officer' in subsection 3(1) of the Crimes Act 1914 ("the Act") to sections 72, 73, 74 and 75 of the Act. This item is consequential upon item 154, which repeals sections 72, 73, 74 and 75 of the Act.
537. This item removes the references in paragraph (d) of the definition of 'Commonwealth officer' in subsection 3(1) of the Crimes Act 1914 ("the Act") to sections 72, 73, 74, 75 and 76 of the Act. This item is consequential upon item 154, which repeals sections 72, 73, 74, 75 and 76 of the Act.
538. This item amends the definition of 'section 17B offence' in subsection 17(3) of the Crimes Act 1914 ("the Act"). It omits references in the definition to sections 29A, 29B, 29C, 29D, 71 and 72 of the Act and substitutes references to proposed sections 131.1, 132.1, 132.6, 132.7, 134.1, 134.2, 135.1, 135.2, 135.4, 145.4 and 145.5 of the Criminal Code, which replace the omitted sections by virtue of this Bill. This item is consequential upon items 149 and 154 which repeal sections 29A, 29B, 29C, 29D, 71 and 72 of the Act. The proposed new sections insert into the Criminal Code offences relating to theft (131.1, receiving (132.1), making off without payment (132.6), going equipped for theft or a property offence (132.7), obtaining property by deception (134.1), obtaining a financial advantage by deception (134.2), general dishonesty (135.1), obtaining a financial advantage (135.2), conspiracy to defraud (135.4), falsification of documents (145.4) and giving information derived from false or misleading documents (145.5).
539. This item repeals sections 29A, 29B, 29C, 29D and 30 of the Crimes Act 1914. These sections respectively create offences of obtaining from the Commonwealth, or causing or procuring to be paid by the Commonwealth, any chattel, money, valuable security or benefit by false pretences and with intent to defraud; imposing, or endeavouring to impose, upon the Commonwealth by any untrue representation and with a view to obtaining money or other benefit or advantage; making an untrue statement in connection with, or in support of, an application to the Commonwealth for any grant, payment or allotment of money or allowance; defrauding the Commonwealth; and taking goods or property out of the possession, custody or control of the Commonwealth without lawful authority. The primary offences are being replaced by Criminal Code offences: 132.8 (Dishonest taking or retention of property), 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), and the ancillary offences are applied to the primary replacement offences through the application of Chapter 2 (section 11.1 - attempt) of the Criminal Code.
540. This item repeals paragraph 30K(a) of the Crimes Act 1914, which creates an offence of obstructing or hindering the provision of any public service by the Commonwealth. This offence is being replaced by Criminal Code offences: 149.1 (Obstruction of Commonwealth public officials), 147.2 (Threatening to cause harm to a Commonwealth public official).
541. This item repeals sections 32 and 33 of the Crimes Act 1914, which create offences of judicial corruption, corrupting any person holding judicial office, official corruption and corrupting Commonwealth officers. These offences are being replaced by the Criminal Code offence: 141.1 (Bribery of a Commonwealth public official), 142.1 (Corrupting benefits given to, or received by, a Commonwealth public official).. The term 'Commonwealth public official' is defined in the proposed addition to the Criminal Code dictionary (clause 27 of Schedule 1), and includes "Commonwealth judicial officers".
542. This item repeals section 50 of the Crimes Act 1914, which creates an offence of obstructing or resisting any person charged with the execution of an order or warrant of any federal court or a court acting in the exercise of federal jurisdiction or any court of a Territory. This offence is being replaced by an offence Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
543. This item repeals Part V of the Crimes Act 1914, which comprises sections 63 to 69 inclusive of that Act. These sections create offences of forging, or uttering a forgery of, seals, official signatures, Commonwealth documents or official marks, and making special paper; and create definitions relevant to these offences. These offences are being replaced by the insertion of Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document), 145.2 (Possession of forged document), 145.3 (Possession, making or adaptation of devices etc. for making forgeries).
544. This item repeals sections 71, 71A, 72, 73, 73A, 74, 75 and 76 of the Crimes Act 1914 ("the Act"). These sections respectively create offences of stealing or fraudulently misappropriating or fraudulently converting or receiving Commonwealth property; falsification of books or records by Commonwealth officers; corruption and bribery of Commonwealth officers or members of the Federal Parliament; making a false return or certificate by Commonwealth officers; impersonating a Commonwealth officer; and obstructing, resisting, hindering, using violence against, threatening or intimidating Commonwealth officers. Section 71A additionally provides that proof of a general deficiency is sufficient for the purposes of prosecuting an offence under section 71 of the Act. Each of these offences is being replaced by the insertion of Criminal Code offences: 131.1 (Theft), 132.1 (Receiving), 145.4 (Falsification of documents etc.), 141.1 (Bribery of a Commonwealth public official), 142.1(Corrupting benefits given to, or received by, a Commonwealth public official), 137.1 (False or misleading information), 137.2 (False or misleading documents), 148.1 (Impersonation of an official by a non-official), 149.1 (Obstruction of Commonwealth public officials), 147.1 (Causing harm to a Commonwealth public official), 147.2 (Threatening to cause harm to a Commonwealth public official etc.).
545. This item repeals sections 85J, 85K, 85L and 85M of the Crimes Act 1914. These sections respectively create postal offences, namely offences of using or fraudulently removing postage stamps; stealing, fraudulently taking or concealing, misappropriating, destroying or receiving mail-bags or postal items; tampering with mail-bags; and improperly obtaining articles in the course of the post. These offences are being replaced by the Criminal Code offences: 471.1 (Theft of mail-receptacles, articles or postal messages), 471.2 (Receiving stolen mail-receptacles, articles or postal messages), 471.3 (Taking or concealing of mail-receptacles, articles or postal messages), 471.4 (Dishonest removal of postage stamps or postmarks), 471.5 (Dishonest use of previously used, defaced or obliterated stamps), 471.6 (Damaging or destroying mail-receptacles, articles or postal messages), 471.7 (Tampering with mail-receptacles), 471.8 (Dishonestly obtaining delivery of articles).
546. This item repeals section 85P of the Crimes Act 1914. This section creates offences of stealing, fraudulently taking or concealing, misappropriating or destroying a postal article, or receiving a postal article knowing it to have been stolen or fraudulently taken, concealed or misappropriated. These offences are being replaced by the Criminal Code offence: 471.1 (Theft of mail-receptacles, articles or postal messages), 471.2 (Receiving stolen mail-receptacles, articles or postal messages), 471.3 (Taking or concealing of mail-receptacles, articles or postal messages), 471.6 (Damaging or destroying mail-receptacles, articles or postal messages).
547. This item repeals section 85ZF of the Crimes Act 1914. This section creates offences of defrauding a carrier or causing a carrier to supply a carriage service to another person without payment for that service. These offences are being replaced by the Criminal Code offence: 474.1 (General dishonesty with respect to a carriage service provider).
548. This item repeals subsection 86(2) of the Crimes Act 1914 ("the Act"), which creates an offence of conspiring to commit an offence against section 29D of the Act. This item is consequential upon item 149, which repeals section 29D of the Act.
549. This item is consequential upon item 160.
550. This item repeals paragraph 86(10)(c) of the Crimes Act 1914 ("the Act"), which refers to subsection 86(2) of the Act. It is consequential upon item 158, which repeals subsection 86(2).
551. This item repeals section 88 of the Crimes Act 1914, which creates the offences of corruptly buying or selling offices in the Australian Public Service or in the public service of a Territory. These offences are being replaced by the Criminal Code offences: 141.1 (Bribery of a Commonwealth public official), 142.1 (Corrupting benefits given to, or received by, a Commonwealth public official), 142.2 (Abuse of public office). Customs Act 1901
552. This item omits from paragraph (c) of the definition of 'records offence' in subsection 4(1) of the Customs Act 1901 the references to sections 29D and 86A of the Crimes Act 1914, and substitutes references to sections 134.1, 134.2 and 135.1 of the Criminal Code. This item is consequential upon item 149 which repeals section 29D of the Crimes Act. Sections 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception) and 135.1 (General dishonesty) are Criminal Code offences. .
553. This item inserts subsection (3) into section 183UA of the Customs Act 1901 ("the Act"). Subsection 183UA(3) states that for the purposes of the relevant Part of the Act, an offence against sections 141.1, 142.1, 142.2 and 149.1 of the Criminal Code that relate to the Act are taken to be an offence against the Act. These sections of the Criminal Code, which are being inserted by virtue of Schedule 1 of this Bill, create offences of bribery of a Commonwealth public official, receiving by a Commonwealth public official of a bribe (141.1), corrupting benefits given to or received by a Commonwealth public official (142.1), abuse of public office by a Commonwealth public official (142.2), and obstructing, hindering, intimidating or resisting a Commonwealth public official (149.1). The term 'Commonwealth public official' is defined in the proposed addition to the Criminal Code dictionary (clause 27 of Schedule 1).
554. This item repeals section 232 of the Customs Act 1901, which creates offences of Customs or Police officers collusively seizing or delivering up certain ships, boats, carriage or goods or making any agreement or conniving in these activities, or being concerned in the importation or exportation of certain goods for the purpose of seizing any ship, boat, carriage or goods and obtaining any reward for such seizure; and any person bribing or threatening any such officer in order to cause neglect of the officer's duty. These offences are being replaced by Criminal Code offences: 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 141.1 (Bribery of a Commonwealth public official), 147.2 (Threatening to cause harm to a Commonwealth public official etc.).
555. This item repeals the offences in paragraph 232A(b) of assaulting, resisting, molesting or obstructing a Customs officer or intimidation of a Customs officer. These offences are being replaced by the Criminal Code offences: 147.1 (Causing harm to a Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials). Diary Produce Act 1986
556. This item repeals section 112 of the Dairy Produce Act 1986 ("the Act"), which creates certain offences in relation to applications for payment under the Act. These offences are doing anything for the purpose of obtaining a payment that is not payable; forging or altering a declaration or other required document that is used for the purpose of obtaining a payment under the Act; signing a declaration or other document that contains false or misleading information or statements; and presenting a document which contains information or a statement that is false or misleading. These offences are being replaced by Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
557. This item is consequent upon item 166. It omits the reference to subsection 112(1) of the Dairy Produce Act 1986 ("the Act") in subsection 114(1) of the Act and substitutes reference to sections 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents) of the Criminal Code. These sections, which create offences to subsection 112(1) of the Act, are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill.
558. This item repeals from subsection 117(1) of the Dairy Produce Act 1986 ("the Act") the reference to section 112 of the Act, and is consequent upon item 166.
559. This item repeals section 73B of the Defence Act 1903 ("the Act"), which creates the offences of forging or uttering a forged warrant or order under the Act or under the Defence Force Discipline Act 1982. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 144.1 (Forgery), 145.1 (Using forged document).
560. This item omits the reference to section 73B of the Defence Act 1903 ("the Act") from section 73F of the Act, and is consequential upon item 169.
561. This item repeals section 80 of the Defence Act 1903, which creates the offences of fraudulently personating or representing himself or herself to be a member of the Defence Force with the intent of obtaining free rail or tram travel or evading a toll. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 148.1 (Impersonation of an official by a non-official).
562. This item repeals section 81 of the Defence Act 1903, which creates the offences of obstructing or interfering with any member or portion of the Defence Force in the performance of any naval, military or air-force service or duty. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officials), 147.1 (Causing harm to a Commonwealth public official).
563. This item repeals section 116Z of the Defence Act 1903, which creates the offence of impersonating a ranger. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: (148.1 (Impersonation of an official by a non-official).
Defence (Special Undertakings) Act 1952
564. This item repeals section 24 of the Defence (Special Undertakings) Act 1952 ("the Act"), which creates offences of knowingly misleading or otherwise interfering with or impeding a Commonwealth officer or other person in the execution of a power or duty conferred under the Act. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officials), 137.1 (False or misleading information).
Diplomatic and Consular Missions Act 1978
565. This item repeals subsection 5(8) of the Diplomatic and Consular Missions Act 1978 ("the Act") which creates an offence of obstructing or hindering a person acting in pursuance of a warrant issued under section 5 of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officers).
Disability Discrimination Act 1992
566. This item amends subsection 111(1) of the Disability Discrimination Act 1992 ("the Act") by removing the reference to a proceeding under section 112 of the Act and substituting a reference to proceedings under sections 137.1 (False or misleading information) or 137.2 (False or misleading documents) of the Criminal Code, which are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. This item is consequential upon item 177.
567. This item repeals section 112 of the Disability Discrimination Act 1992 ("the Act") which creates an offence of giving false or misleading information or making a false or misleading statement to the Commission or to any other person exercising powers or performing functions under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information), 137.2 (False or misleading documents).
568. This item repeals section 72 of the Distillation Act 1901 ("the Act") which creates an offence of obstructing, molesting, resisting or hindering an officer in the performance of a duty under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 147.1 (Causing harm to a Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials).
Environment Protection (Alligator Rivers Region) Act 1978
569. This item repeals subsection 27(2) of the Environment Protection (Alligator Rivers Region) Act 1978 ("the Act") which creates an offence of furnishing false or misleading information in purported compliance with subsection 27(1) of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information), 137.2 (False or misleading documents).
570. This item repeals section 32 of the Environment Protection (Alligator Rivers Region) Act 1978 ("the Act") which creates an offence of obstructing or hindering the Supervising Scientist or the Institute in their performance of functions or powers. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officials).
571. This item repeals paragraphs 120(1)(v), (va) and (vb) of the Excise Act 1901 ("the Act") which provide that a person shall not obtain any drawback, refund of duty or rebate (other than diesel fuel rebate) which is not payable. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage).
572. This item repeals paragraph 120(2)(c) of the Excise Act 1901 ("the Act") which provides a penalty for an offence against paragraphs 120(1)(v), (va) and (vb) of the Act. This item is consequential upon item 174 which repeals the latter paragraphs.
573. This item repeals section 123 of the Excise Act 1901 ("the Act") which creates an offence of obstructing, molesting, resisting or hindering an officer in the performance of a duty under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 147.1 (Causing harm to a Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials).
574. This item repeals paragraph 124(1)(a) of the Excise Act 1901 ("the Act") which creates an offence of an officer making any collusive seizure or delivering up or making any agreement to deliver up or not to seize any goods liable to forfeiture or conspiring or conniving to neglect his or her duties under the Act. This offence is being replaced by Criminal Code offences by virtue of Schedule 1 of this Bill: 142.2 (Abuse of public office) and, depending on the circumstances, there will often be other Criminal Code theft and fraud related offences that are relevant.
575. This item amends paragraph 124(1)(d) of the Excise Act 1901 ("the Act") by effectively removing the offence of assaulting, resisting, molesting, obstructing or intimidating an officer acting in the execution of his or her duties under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 147.1 (Causing harm to a Commonwealth public official), 149.1 (Obstruction of Commonwealth public officials).
576. This item repeals paragraph 124(1)(e) of the Excise Act 1901 ("the Act") which provides the penalty for an offence against paragraph 124(1)(a) of the Act. This item is consequential upon item 184 which repeals paragraph 124(1)(a).
577. This item repeals section 12 of the Export Control Act 1982 ("the Act") which creates an offence of obstructing or hindering an authorised officer in the exercise of the authorised officer's powers or functions under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officials).
578. This item repeals section 16 of the Export Control Act 1982 ("the Act") which creates an offence of making a false or misleading statement in a declaration furnished for the purposes of the regulations, and also relevantly provides a deeming provision and a summary offence provision. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information), 137.2 (False or misleading documents).
Export Expansion Grants Act 1978
579. This item repeals section 18 of the Export Expansion Grants Act 1978 ("the Act") which creates offences of obtaining or attempting to obtain a grant that is not payable, obtaining or attempting to obtain a grant by means of a false or misleading statement or certain documents containing false or misleading information, and making a false or misleading statement to the Commission or to a person having duties or functions for the purposes of the Act. Section 18 also provides a relevant deeming provision for the purposes of demonstrating a corporation's fault element, and summary and indictable offence provisions. The primary offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 137.1 (False or misleading information), 137.2 (False or misleading documents),, and the ancillary offences are applied to the primary replacement offences through the application of Chapter 2 (section 11.1 - attempt) of the Criminal Code. The deeming provision for the purposes of demonstrating a corporation's fault element is being replaced by application of Chapter 2 (Part 2.5 - Corporate Criminal Responsibility) of the Criminal Code.
Export Inspection and Meat Charges Collection Act 1985
580. This item amends paragraph 10(2)(a) of the Export Inspection and Meat Charges Collection Act 1985 ("the Act") by omitting the reference to subsection 10(3) of the Act and substituting references to sections 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code. This item is consequential upon item 191, which repeals subsection 10(3) of the Act.
581. This item repeals subsection 10(3) of the Export Inspection and Meat Charges Collection Act 1985 ("the Act") which creates an offence of presenting a document, making a statement or submitting a return which is false or misleading. This offence is being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information), 137.2 (False or misleading documents).
Export Market Development Grants Act 1997
582. This item repeals paragraph (b) of the definition of 'relevant offence' in subsection 16(2) of the Export Market Development Grants Act 1997, which refers to sections 29A, 29B, 29C and 29D of the Crimes Act 1914. This item is consequential upon item 149 of this Schedule, which repeals these Crimes Act provisions.
583. This item amends paragraph 16(2)(d) of the Export Market Development Grants Act 1997 ("the Act") by removing the reference to paragraph 16(2)(b) of the Act. This item is consequential upon item 192 of this Schedule, which repeals paragraph 16(2)(b).
584. This item incorporates sections 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) of the Criminal Code into the definition of 'relevant offence' in subsection 16(2) of the Export Market Development Grants Act 1997 ("the Act"). These offences are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. This item effectively replaces the references in the definition of 'relevant offence' to certain Crimes Act provisions which are being repealed by item 149 of this Schedule.
585. This item repeals paragraph 78(1)(b) of the Export Market Development Grants Act 1997 which refers to sections 29A, 29B, 29C and 29D of the Crimes Act 1914. This item is consequential upon item 149 of this Schedule, which repeals these Crimes Act provisions.
586. This item removes the reference in 78(1)(d) of the Export Market Development Grants Act 1997 ("the Act") to paragraph 78)(1)(b) of the Act. This item is consequent upon item 195 of this Schedule, which repeals paragraph 78(1)(b) of the Act.
587. This item adds references to sections 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) of the Criminal Code to paragraph 78(1)(d) of the Export Market Development Grants Act 1997 ("the Act"). These offences are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. This item effectively replaces the references in paragraph 78(1)(d) to certain Crimes Act provisions which are being repealed by item 149 of this Schedule.
588. This item repeals section 102 of the Export Market Development Grants Act 1997 ("the Act"). Section 102 establishes corporate criminal responsibility deeming provisions for the purposes of a prosecution for an offence against sections 29A, 29B, 29C or 29D of the Crimes Act 1914 ("primary offence provisions") and sections 5, 6, 7, 7A or 86(1) of the Crimes Act ("ancillary offence provisions") in relation to a grant under the Act. The primary offence provisions of the Crimes Act are being repealed by item 149 of this Schedule and replaced by offences by virtue of Schedule 1 of this Bill: 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) The Crimes Act ancillary offence provisions are being replaced for the purposes of the Act by the ancillary offence provisions in Chapter 2 of the Criminal Code (Part 2.4 - Extensions of criminal responsibility), which will apply to the primary offence provisions of the Criminal Code. The section 102 deeming provisions for the purposes of demonstrating a corporation's fault element are replaced by application of Chapter 2 (Part 2.5 - Corporate Criminal Responsibility) of the Criminal Code.
589. This item repeals and substitutes paragraph 103(1)(a) of the Export Market Development Grants Act 1997 ("the Act") which refers to sections 29A, 29B, 29C and 29D of the Crimes Act 1914 and substitutes references to sections 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) of the Criminal Code. The Criminal Code sections replace the offence provisions of sections 29A, 29B, 29C and 29D of the Crimes Act. This item is consequent upon item 149 of this Schedule, which repeals these Crimes Act provisions.
Farm Household Support Act 1992
590. This item repeals subsection 41(6) of the Farm Household Support Act 1992 ("the Act") which creates an offence of giving false or misleading information in purported compliance with subsection 41(1) of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information).
591. This item repeals subsection 42(6) of the Farm Household Support Act 1992 ("the Act") which creates an offence of giving false or misleading information in purported compliance with subsection 42(1) of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information).
592. This item repeals subsection 54(8) of the Farm Household Support Act 1992 ("the Act") which creates an offence of giving false or misleading information in purported compliance with a notice given under subsection 54(1) of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information).
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