Revised Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator The Honourable Amanda Vanstone)Schedule 2 - Amendment of other laws - Continued
Financial Management and Accountability Act 1997
593. This item repeals section 61 of the Financial Management and Accountability Act 1997 which creates an offence of an official falsifying any account, statement, receipt or record kept or issued for the purposes of the Act or regulations or instruments made 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: 145.4 (Falsification of documents etc.).
Financial Sector (Shareholdings) Act 1998
594. This item repeals section 37 of the Financial Sector (Shareholdings) Act 1998 ("the Act") which creates an offence of making a statement which is false or misleading, either to a person exercising powers or performing functions under the Act or in purported compliance with a requirement covered by paragraph 26(1)(c) 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).
595. This item repeals section 38 of the First Home Owners Act 1983 ("the Act") which creates offences of making a false or misleading statement in connection with an application for assistance under the Act or obtaining payment of assistance by means of impersonation or a fraudulent device. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 136.1 (False or misleading statements in applications).134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 148.1 (Impersonation of an official by a non-official), 144.1 (Forgery), 145.1 (Using forged document), 145.2 (Possession of forged document), 145.4 (Falsification of documents etc.).
596. This item inserts a definition of 'offence against this Act' into subsection 4(1) of the Fisheries Management Act 1991 ("the Act"), which is the interpretation section of the Act. The definition stipulates that an 'offence against this Act' includes an offence against section 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents), 148.1 (Impersonation of an official by a non-official), 148.2 (Impersonation of an official by another official), 147.1 (Causing harm to a Commonwealth public official etc.) and 149.1 (Obstruction of Commonwealth public officials) of the Criminal Code. These sections are being inserted in to the Criminal Code by virtue of Schedule 1 of this Bill. The definition is necessary to ensure that officers can continue to investigate offences which relate to the Act where the offences have been repealed from the Act and replaced by offences in the Criminal Code.
597. This item amends subsections 9(1) and 9(2) of the Fisheries Management Act 1991 ("the Act") by removing references to section 107 of the Act. This item is consequent upon item 208, which repeals section 107 of the Act.
598. This item repeals section 107 of the Fisheries Management Act 1991 ("the Act") which creates an offence of presenting a document, making a statement or giving a return or information which is false or misleading to AFMA or another person performing duties under the Act or the regulations. 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).
599. This item inserts into section 164 of the Fisheries Management Act 1991 ("the Act") a new subsection 10. 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 that section 164 of the Act (which covers the conduct of directors, servants and agents) itself deals with corporate criminal responsibility.
Foreign Acquisitions and Takeovers Act 1975
600. This item repeals section 36A of the Foreign Acquisitions and Takeovers Act 1975 ("the Act") which creates an offence of making a false or misleading statement, or omitting from a statement any matter without which the statement is false or misleading, or giving a document that is false or misleading, to the Treasurer or an officer of The Treasury in connection with the operations 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).
Great Barrier Reef Marine Park Act 1975
601. This item inserts a definition of 'offence against this Act' into subsection 3(1) of the Great Barrier Reef Marine Park Act 1975 ("the Act"), which is the interpretation section of the Act. The definition stipulates that an 'offence against this Act' includes an offence against section 137.1 (False or misleading information) or 137.2 (False or misleading documents) of the Criminal Code. These sections are being inserted in to the Criminal Code by virtue of Schedule 1 of this Bill. The definition is necessary to ensure that officers can continue to investigate offences which relate to the Act where the offences have been repealed from the Act and replaced by offences in the Criminal Code.
602. This item amends paragraph 39P(4)(c) of the Great Barrier Reef Marine Park Act 1975 ("the Act") by omitting the reference to section 39R of the Act and substituting a reference to a prosecution for an offence against sections 137.1 (False or misleading information) or 137.2 (False or misleading documents) of the Criminal Code. The substituted reference permits the use of records and other documents produced in purported compliance with section 39P to be used in prosecutions for offences against the nominated sections of the Criminal Code. This item is consequent upon item 213, which repeals section 39R of the Act.
603. This item repeals section 39R of the Great Barrier Reef Marine Park Act 1975 ("the Act") which creates an offence of giving information or a return that is false or misleading in purported compliance with regulations made for the purposes of the relevant Division 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) or 137.2 (False or misleading documents)
604. This item inserts into section 64 of the Great Barrier Reef Marine Park Act 1975 ("the Act") a new subsection 8. Subsection 8 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 8 explaining that Part 2.5 deals with corporate criminal responsibility. This subsection is included to make it clear that section 64 of the Act (which covers the conduct of directors, servants and agents) itself deals with corporate criminal responsibility.
Great Barrier Reef Marine Park Regulations
605. This item repeals subregulation 49(1) of the Great Barrier Reef Marine Park Regulations ("the Regulations") which creates an offence of making a statement or furnishing information that is false or misleading in an application for a permission under the Regulations. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
606. This item amends paragraph 49(2)(b) of the Great Barrier Reef Marine Park Regulations ("the Regulations") by omitting the reference to subregulation 19(1) of the Regulations and substituting a reference to sections 137.1 (False or misleading information) or 137.2 (False or misleading documents) of the Criminal Code. The substituted reference permits the Authority to give notice in writing to the person revoking a permission where the person has been convicted of an offence against the nominated sections of the Criminal Code. This item is consequent upon item 215, which repeals subregulation 49(1) of the Regulations.
607. Close to the time that the Bill was introduced the regulations containing the existing offences and cross-references were re-numbered (Statutory Rules 1999, No.252). This item was inserted as a consequential amendment and simply ensure the provisions operate in the same way as originally intended under the re-numbered regulations.
Hazardous Waste (Regulation of Exports and Imports) Act 1989
608. This item repeals section 54 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 ("the Act") which creates an offence of obstructing, hindering or resisting an inspector in the exercise of powers 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).
609. This item repeals section 55 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 ("the Act") which creates offences of making a statement or giving to the Minister or an inspector a document that is false or misleading. Subsection 55(2) exempt the giving of a document from the scope of the offence provisions if the person giving the document indicates the false or misleading aspect of the document and provides the correct information if available. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill, and the exemption in subsection 55(2) is replaced by proposed subsection 137.2(3) of the Criminal Code : 137.1 (False or misleading information), 137.2 (False or misleading documents)
610. This item repeals paragraphs 124B(1)(d) and (e) of the definition of 'relevant offence' in the Health Insurance Act 1973 ("the Act") and substitutes a new paragraph 124B(1)(d). The repealed paragraphs incorporated into the definition offences against sections 29A, 29B, 29C, 29D, 30, 67 and 86A of the Crimes Act 1914 ("primary offence provisions") and sections 6, 7 or 7A of the Crimes Act ("ancillary offence provisions"). The primary offence provisions of the Crimes Act are being repealed by items 149 and 153 of this Schedule and replaced by offences by virtue of Schedule 1 of this Bill. The Crimes Act ancillary offence provisions are being replaced for the purposes of the definition 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 substituted paragraph 124B(1)(d) incorporates into the definition offences against sections 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), 137.1 (False or misleading information), 144.1 (Forgery), 145.1 (Using forged document), 145.4 (Falsification of documents etc), 145.5 (Giving information derived form false or misleading documents of the Criminal Code.
Health Insurance Commission Act 1973
611. This item repeals paragraphs 3A(2)(d) and (e) (the definition of 'relevant offence' for the purposes of Division 2 of Part IID) in the Health Insurance Commission Act 1973 ("the Act") and substitutes a new paragraph 3A(2)(d). The repealed paragraphs incorporated into the definition offences against sections 29A, 29B, 29C, 29D, 30, 67 and 86A of the Crimes Act 1914 ("primary offence provisions") and sections 6, 7 or 7A of the Crimes Act ("ancillary offence provisions") in the prescribed circumstances. The primary offence provisions of the Crimes Act are being repealed by items 149 and 153 of this Schedule and replaced by offences by virtue of Schedule 1 of this Bill. The Crimes Act ancillary offence provisions are being replaced for the purposes of the definition 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 substituted paragraph 3A(2)(d) incorporates into the definition offences against sections 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), 137.1 (False or misleading information), 137.2 (False or misleading documents), 145.2 (Possession of a forged document), 145.3 (Possession, making or adaptation of devices etc. for making forgeries) of the Criminal Code.
612. This item repeals paragraphs 3A(2A)(e) and (f) (the definition of 'relevant offence' for the purposes of Division 3 of Part IID) in the Health Insurance Commission Act 1973 ("the Act") and substitutes a new paragraph 3A(2A)(e). The repealed paragraphs incorporated into the definition offences against sections 29A, 29B, 29C, 29D, 30, 67 and 86A of the Crimes Act 1914 ("primary offence provisions") and sections 6, 7 or 7A of the Crimes Act ("ancillary offence provisions") in the prescribed circumstances. The primary offence provisions of the Crimes Act are being repealed by items 149 and 153 of this Schedule and replaced by offences by virtue of Schedule 1 of this Bill. The Crimes Act ancillary offence provisions are being replaced for the purposes of the definition 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 substituted paragraph 3A(2A)(e) incorporates into the definition offences against sections 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), 137.1 (False or misleading information), 137.2 (False or misleading documents), 145.2 (Possession of a forged document), 145.3 (Possession, making or adaptation of devices etc. for making forgeries) of the Criminal Code.
613. This item repeals and substitutes subsection 10(2) of the Historic Shipwrecks Act 1976 ("The Act"). Subsection 10(2) creates two offences, namely the failure by a person to whom a notice has been given by the Minister under subsection 10(1) of the Act to refuse or fail to comply with the terms of the notice, and the furnishing of false or misleading information by a person to whom a notice has been given by the Minister under subsection 10(1) of the Act in purported compliance with the notice. The substituted subsection 10(2) repeats the first offence. The second 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).
614. This item inserts into subsection 10(3) of the Historic Shipwrecks Act 1976 a reference to sections 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code. The effect of the insertion is to permit information furnished by a person in purported compliance with section 10 to be used in a prosecution of the person for an offence against the nominated sections of the Criminal Code.
615. This item repeals subsection 17(3) of the Historic Shipwrecks Act 1976 which creates an offence of making a statement that is false or misleading in purported compliance with subsection 17(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).
616. This item repeals and substitutes subsection 23(5) of the Historic Shipwrecks Act 1976 ("the Act"). The effect of this item is to repeal the offence of making a statement that is false or misleading in answer to a question that a person is required to answer under section 23 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).
617. This item repeals subsection 23(7) of the Historic Shipwrecks Act 1976 ("the Act") which creates offences of hindering, obstructing, assaulting or threatening an inspector exercising a power under section 23 of the Act. These offences are being replaced by the insertion of offences 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).
618. This item amends subsections 26(1) and (3) of the Historic Shipwrecks Act 1976 ("the Act") by removing the references to subsection 23(7) of the Act. This item is consequent upon item 226, which repeals subsection 23(7) of the Act.
Home Deposit Assistance Act 1982
619. This item repeals subsections 61(2) and (2) of the Home Deposit Assistance Act 1982 ("the Act"). These subsections create offences of making a statement that is false or misleading with intent to deceive an officer or in connection with an application for a grant, and obtaining payment of a grant by means of a statement that is false or misleading or by impersonation or by a fraudulent device. 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), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents), 148.1 (Impersonation of an official by a non-official), 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), 145.4 (Falsification of forged document),145.5 (Giving information derived from false or misleading documents).
620. This item amends subsection 61(3) of the Home Deposit Assistance Act 1982 ("the Act") by removing the reference to an offence against section 61 of the Act and substituting a reference to an offence against sections 136.1 (False or misleading statements in applications) or 137.1 (False or misleading information) of the Criminal Code. This item is consequent upon item 228 which repeals the offence provisions of section 61.
621. This item repeals subsection 50(1) of the Homes Savings Grants Act 1976 ("the Act"). Subsection 50(1) creates the offences of making a false or misleading statement in connection with an application for a grant under the Act or with intent to deceive an officer exercising powers or duties or functions under the Act, or obtaining a grant under the Act by means of a false or misleading statement or by impersonation or by a fraudulent device, or making or presenting a statement or document that is false or misleading to an officer. 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), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents), 148.1 (Impersonation of an official by a non-official), 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), 145.4 (Falsification of forged document),145.5 (Giving information derived from false or misleading documents).
622. This item amends subsection 50(2) of the Home Savings Grants Act 1976 ("the Act") by removing the reference to an offence against subsection 50(1) of the Act and substituting a reference to an offence against sections 136.1 (False or misleading statements in applications) or 137.1 (False or misleading information) of the Criminal Code. This item is consequent upon item 230 which repeals the offence provisions of section 50.
Human Rights and Equal Opportunity Commission Act 1986
623. This item repeals section 25 of the Human Rights and Equal Opportunity Commission Act 1986 which creates an offence of giving information or making a statement that is false or misleading to the Commission or to a person acting on behalf of the Commission. 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).
624. This item adds a note to the end of section 26 of the Human Rights and Equal Opportunity Commission Act 1986 stating that sections 136.1 (False or misleading statements in applications) or 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code deal with making false or misleading statements, giving false or misleading information and producing false or misleading documents.
625. This item amends section 33 of the Human Rights and Equal Opportunity Commission Act 1986 ("the Act") by removing the reference to section 25 of the Act. This item is consequent upon item 232, which repeals section 25 of the Act.
Immigration (Guardianship of Children) Act 1946
626. This item repeals and substitutes section 10 of the Immigration (Guardianship of Children) Act 1946 ("the Act") which creates an offence of making a false or misleading statement in any application for the purposes 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: 136.1 (False or misleading statements in applications). The substituted section 10 is a deeming provision that provides that for the purposes of section 136.1 of the Criminal Code an application made for the purposes of the Act is taken to be an application for a benefit. This deeming provision is necessary to ensure that where a person makes an application under the Act which contains a false or misleading statement that the person's conduct would fall within the offence established by section 136.1 (False or misleading statements in applications) of the Criminal Code and in particular paragraph 136.1(c).
Imported Food Control Act 1992
627. This item repeals the definition of 'forging' in subsection 3(1) of the Imported Food Control Act 1992 ("the Act"). This item is consequent upon item 240, which establishes a definition of forgery for the purposes of the relevant Division of the Act by creating a new section 19A of the Act.
628. This item repeals the definition of 'uttering' in subsection 3(1) of the Imported Food Control Act 1992 ("the Act"). This item is consequent upon item 240, which establishes a definition of forgery for the purposes of the relevant Division of the Act by creating a new section 19A of the Act.
629. This item repeals the note in section 18 of the Imported Food Control Act 1992 ("the Act"), which refers to the definitions of 'forging' and 'uttering' in subsection 3(1) of the Act. This item is consequent upon items 236 and 237, which respectively repeal these definitions.
630. This item repeals the note in section 19 of the Imported Food Control Act 1992 ("the Act"), which refers to the definitions of 'forging' and 'uttering' in subsection 3(1) of the Act. This item is consequent upon items 236 and 237, which respectively repeal these definitions.
631. This item creates a new section 19A of the Imported Food Control Act 1992 ("the Act"), which establishes definitions of 'forging' and 'uttering' for the purposes of the relevant Division of the Act.
632. This item repeals subsection 30(6) of the Imported Food Control Act 1992 ("the Act") which creates offences of making a statement or presenting a document that is false or misleading to an authorised officer. These offences are 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) and 137.2 (False or misleading documents).
Income Tax Assessment Act 1936
633. This item repeals paragraphs (a) and (b) of the definition of 'serious taxation offence' in section 251A (the interpretation section) of the Income Tax Assessment Act 1936 ("the Act") and substitutes a new paragraph (a). The repealed paragraphs incorporated into the definition offences against sections 29D and 86A of the Crimes Act 1914 ("primary offence provisions") and sections 6, 7 or 7A and subsection 86(1) of the Crimes Act ("ancillary offence provisions") in the prescribed circumstances. Section 29D of the Crimes Act is being repealed by item 149 of this Schedule and replaced by offences by virtue of Schedule 1 of this Bill. The Crimes Act ancillary offence provisions are being replaced for the purposes of the definition 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 substituted paragraph (a) incorporates into the definition offences against sections 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 of the Criminal Code, being offences that relate to a tax liability as prescribed by the substituted paragraph (a).
Industrial Chemicals (Notification and Assessment) Act 1989
634. This item repeals section 81 of the Industrial Chemicals (Notification and Assessment) Act 1989 ("the Act") which creates the offence of making a statement or giving information that is false or misleading in response to any requirement 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) and 137.2 (False or misleading documents).
Industrial Research and Development Incentives Act 1976
635. This item repeals section 37 of the Industrial Research and Development Incentives Act 1976 ("the Act"). Section 37 creates offences of making a statement or presenting a book, record or document that is false or misleading in connection with an application or grant to the Board or to a person having duties or functions under the Act. Section 37 also provides a relevant deeming provision for the purposes of demonstrating a corporation's fault element. The offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information) and 137.2 (False or misleading documents) 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.
Industry Research and Development Act 1986
636. This item repeals subsection 44(1), (2), (3), (4) and (5) of the Industry Research and Development Act 1986 ("the Act"). Subsection 44(1) creates an offence of obtaining or attempting to obtain a subsidy that is not payable, and subsection 44(2) creates offences of making a statement or giving an account, book, document or other record that is false or misleading to the Board or to a person exercising a power or function 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: 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 137.1 (False or misleading information) and 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. Subsection 44(3), (4) and (5) provide relevant deeming provisions for the purposes of demonstrating a corporation's fault element. The deeming provisions are being replaced by application of Chapter 2 (Part 2.5 - Corporate Criminal Responsibility) of the Criminal Code.
637. This item amends subsection 44(6) of the Industry Research and Development Act 1986 ("the Act") by omitting the references to subsection 44(1) and (2) of the Act and substituting references to sections 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code. This item is consequent upon item 245, which repeals subsection 44(1) and (2). The effect of the substituted references to the Criminal Code provisions is to prevent a person being convicted under multiple provisions of the Criminal Code in respect of the same claim for subsidy.
638. This item repeals subsection 44(8), (9) and (10) of the Industry Research and Development Act 1986 ("the Act") which refer to an offence against subsection 44(1). This item is consequent upon item 245, which repeals subsection 44(1).
Inspector-General of Intelligence and Security Act 1986
639. This item inserts paragraph (ca) into subsection 18(6) of the Inspector-General of Intelligence and Security Act 1986 ("the Act"). The effect of paragraph (ca) is to enable any information, document or answer given in compliance with section 18 to be admitted in evidence in a prosecution for an offence against section 137.1 (False or misleading information) of the Criminal Code.
640. This item repeals subsection 18(8) of the Inspector-General of Intelligence and Security Act 1986 ("the Act") which creates an offence of giving information or giving an answer that is false or misleading when required to give information or answer a question under section 18. 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).
Insurance Acquisitions and Takeovers Act 1991
641. This item amends subsection 73(2) of the Insurance Acquisitions and Takeovers Act 1991 ("the Act"). The amendment effectively removes the references to subsections 73(6), (7) and (8) of the Act and substitutes references to sections 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code. The effect of the references to the nominated Criminal Code provisions is that a notice under subsection 73(1) must additionally set out the effect of those Criminal Code sections. This item is consequent upon item 251, which repeals subsections 73(6), (7) and (8) of the Act.
642. This item repeals subsections 73(6), (7) and (8) of the Insurance Acquisitions and Takeovers Act 1991 ("the Act"). These subsection create the offences of giving information or producing a document that is false or misleading in purported compliance with a notice given under subsection 73(1) of the Act. Subsection 73(8) additionally provides that the offence created by subsection (7) (producing a false or misleading document) does not apply to a person who indicates in the prescribed manner that the document is false or misleading. These offences and the related provision in subsection 73(8) are being replaced by the insertion of offences and provisions into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information) and 137.2 (False or misleading documents).
643. This item effectively amends subsection 73(9) of the Insurance Acquisitions and Takeovers Act 1991 by inserting a reference to prosecutions for offences against sections 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code. The effect of the amendment is to enable any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document given in compliance with section 73 to be admitted in evidence in a prosecution for an offence against section 137.1 and 137.2 of the Criminal Code.
644. This item repeals section 74 of the Insurance Acquisitions and Takeovers Act 1991 ("the Act") which creates offences of making a statement or producing a document which is false or misleading to the Minister or to an officer, or omitting from a statement given to the Minister or to an officer any matter or thing without which the statement is false or misleading, in connection with the operation of the Act. These offences are 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) and 137.2 (False or misleading documents).
645. This item repeals subsection 22(5) of the Insurance Act 1973 which creates an offence of a body corporate making an application under section 22, or giving a notice to APRA under subsection 22(4), that is false or misleading. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information) and 137.2 (False or misleading documents).
646. This item repeals subsection 49C(3) of the Insurance Act 1973 which creates an offence of person giving any information, or producing any document, that is false or misleading if that information or document is relevant to whether or not a body corporate that is a constitutional corporation is a supervised body corporate. 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) and 137.2 (False or misleading documents).
647. This item repeals and substitutes subsection 56(1) of the Insurance Act 1973 ("the Act"). Subsection 56(1) creates offences of a person refusing or failing to comply with a requirement of APRA or an inspector under section 55 of the Act to the extent to which he or she is able to comply, or furnishing information or making a statement that is false or misleading in purported compliance with a requirement of APRA or an inspector under section 55, or making a statement that is false or misleading when appearing before an authorised person or an inspector for examination in pursuance of a requirement of APRA or an inspector under section 55. Section 55 relevantly provides that APRA or an inspector may require a person to produce certain documents, to give reasonable assistance to an inspector, or to appear before an inspector for examination concerning matters relevant to an investigation. The second and third of these offences are 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) and 137.2 (False or misleading documents). The first offence is re-inserted in section 56 as subsection (1), providing that a person is guilty of an offence if a requirement of APRA or the inspector under section 55 is applicable to the person and the person refuses or fails to comply with the requirement to the extent that the person is able to comply.
648. This item is consequent on item 256 and effectively amends subsection 56(2) of the Insurance Act 1973 by adding a prosecution for an offence against sections 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code to those exempted from the effect of subsection 56(2). Subsection 56(2) provides that answers given by a person being examined by an authorised person or an inspector are not admissible in evidence in criminal proceedings against the person, other than in exempted proceedings. The exempted proceedings are those stated in subsection 56(2), which following this amendment will be proceedings in relation to the offences stated in amended subsection 56(1) and in the nominated section of the Criminal Code. The offences in the nominated sections of the Criminal Code, namely sections 137.1 (False or misleading information) and 137.2 (False or misleading documents), replace the offences repealed from subsection 56(1) by virtue of item 256 of this Schedule.
649. This item repeals subsection 80(4) of the Insurance Act 1973 ("the Act") which is being inserted into the Act by the Insurance Laws Amendment Act 1998 ("the amending Act") (Act no. 35 of 1998), section 5 of Schedule 2. Schedule 2 of the amending Act is awaiting proclamation. Subsection 80(4) creates an offence of obstructing or hindering the Commissioner or the inspector in the exercise of powers under section 80 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).
650. This item repeals subsection 82(2) of the Insurance Act 1973 ("the Act") which is being inserted into the Act by the Insurance Laws Amendment Act 1998 ("the amending Act") (Act no. 35 of 1998), section 5 of Schedule 2. Schedule 2 of the amending Act is awaiting proclamation. Subsection 82(2) creates an offence of giving information or evidence under section 81 of the Act that is false or misleading. 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) and 137.2 (False or misleading documents).
651. This item is consequent on item 259 and effectively amends subsection 82(4) of the Insurance Act 1973 ("the Act") by adding a prosecution for an offence against sections 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code to those exempted from the effect of subsection 82(4). Subsection 82(4) is being inserted into the Act by the Insurance Laws Amendment Act 1998 ("the amending Act") (Act no. 35 of 1998), section 5 of Schedule 2. Schedule 2 of the amending Act is awaiting proclamation. Subsection 82(4) provides that questions made to a person under subsection 82(3) and the answers given in response, and any information, document or thing obtained as a direct or indirect consequence of giving an answer, are not admissible in evidence in criminal proceedings against the person, other than in exempted proceedings. The exempted proceedings are those stated in subsection 82(4), which following this amendment will be proceedings in relation to the offences in the nominated section of the Criminal Code, namely sections 137.1 and 137.2, which replace the offence repealed from subsection 82(2) by virtue of item 259 of this Schedule.
652. This item amends section 128 of the Insurance Act 1973 ("the Act") by removing references to subsections 80(4) and 82(2) of the Act. This item is consequent upon items 258 and 259 of this Schedule which repeal subsections 80(4) and 82(2).
Insurance (Agents and Brokers) Act 1984
653. This item repeals subsection 34A(9) of the Insurance (Agents and Brokers) Act 1984 which creates offences of making a statement, or producing a document, that is false or misleading to the ASIC or to an authorised officer. These offences are 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) and 137.2 (False or misleading documents).
654. This item repeals subsection 34P(5) of the Insurance (Agents and Brokers) Act 1984 ("the Act") which creates offences of making a statement, or producing a document, that is false or misleading to an authorised officer. These offences are 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) and 137.2 (False or misleading documents).
Interstate Road Transport Act 1985
655. This item amends paragraph 19(3)(a) of the Interstate Road Transport Act 1985 ("the Act") by removing the reference to section 47 of the Act and substituting a reference to section 137.1 (False or misleading information) of the Criminal Code, which is being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. The offence created by section 137.1 of the Criminal Code replaces the offence contained in section 47 of the Act. This item is consequent upon item 266, which repeals section 47.
656. This item amends paragraph 45(4)(a) of the Interstate Road Transport Act 1985 ("the Act") by removing the reference to section 47 of the Act and substituting a reference to section 137.1 (False or misleading information) of the Criminal Code, which is being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. The offence created by section 137.1 of the Criminal Code replaces the offence contained in section 47 of the Act. This item is consequent upon item 266, which repeals section 47.
657. This item repeals section 47 of the Interstate Road Transport Act 1985 which creates an offence of making a statement that is false or misleading to an interstate motor vehicle officer and provides a consequent definition. 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).
658. This item amends section 53 of the Interstate Road Transport Act 1985 ("the Act") by removing the references to section 47 of the Act and substituting references to section 137.1 (False or misleading information) of the Criminal Code, which is being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. The offence created by section 137.1 of the Criminal Code replaces the offence contained in section 47 of the Act. This item is consequent upon item 266, which repeals section 47.
659. This item repeals section 249 of the Life Insurance Act 1995 ("the Act") which creates offences of making a statement in a document that is false or misleading, or omitting a material particular from a document without which the document is false or misleading, where that document is required under the Act to be signed by a person. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill; 137.2 (False or misleading documents)
660. This item repeals section 96 of the Marriage Act 1961 ("the Act") which creates offences of making or furnishing a statement that is false or misleading in connection with a declaration under the Act or in connection with a proposed religious ceremony of marriage, or forging a document or the signature thereto, or presenting a document which the person knows to be forged for the purpose of inducing another person to solemnise a marriage, or forging a certificate of the kind referred to in subsection 16(2A) of the Act or the signature thereto. These offences are 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), 144.1 (Forgery), 145.1 (Using forged document).
661. This item repeals section 97 of the Marriage Act 1961 ("the Act") which creates an offence of a person falsely representing himself or herself to be a person whose consent to the marriage of another person is required by the Act. This offence is being replaced by a Criminal Code offence: 137.1 (False or misleading information).
662. This item repeal subsections 98(1) and (1A) of the Marriage Act 1961 ("the Act") which create offences of presenting to a person authorised to solemnise a marriage or register a marriage a document purporting to be the consent or dispensation of consent of a person to a marriage where the first person knows the signature to the document is forged or obtained by fraud, or presenting or forwarding to a person authorised to solemnise a marriage or register a marriage a document that the first person knows is false or misleading. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 137.2 (False or misleading documents), 145.1 Using forged document).
663. This item repeals section 102 of the Marriage Act 1961 ("the Act") which creates an offence of making a statement that is false or misleading in or in support of an application for registration under Division 1 of Part IV of the Act or in an application for authority to solemnise marriages under subsection 39(2) 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: 136.1 (False or misleading statements in applications).
664. This item amends subsection 108(1) of the Marriage Act 1961 ("the Act") by removing references to sections 96 and 97 of the Act. This item is consequent upon items 269 and 270, which repeal sections 96 and 97.
Meat Export Charge Collection Act 1984
665. This item repeals subsection 12(8) of the Meat Export Charge Collection Act 1984 ("the Act") which creates an offence of obstructing or hindering an authorised person acting pursuant to a warrant granted under subsection 12(3) of the Act or acting pursuant to subsection 12(7) 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 officials).
666. This item repeals section 27 of the Meat Inspection Act 1983 ("the Act") which creates an offence of obstructing or hindering an authorised officer in the exercise of the authorised officers' 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).
667. This item amends the definition of 'offence against this Act' in subsection 5(1) of the Migration Act 1958 ("the Act") by inserting paragraph (f). Paragraph (f) adds offences against sections 137.1 (False or misleading information), 137.2 (False or misleading documents) and 149.1 (Obstruction of Commonwealth public officials).of the Criminal Code to the list of offences comprising an offence against the Act. The amendment of the definition is necessary to ensure that officers can continue to investigate offences which relate to the Act where the offences have been repealed from the Act and replaced by offences in the Criminal Code.
668. This item amends subsection 18(2) of the Migration Act 1958 ("the Act") by omitting references to sections 22 and 23 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 consequent upon items 278 and 279, which repeal sections 22 and 23. The offences created by sections 137.1 and 137.2 of the Criminal Code replace the offences contained in sections 22 and 23 of the Act.
669. This item repeals section 22 of the Migration Act 1958 ("the Act") which creates an offence of giving information that is false or misleading in purported compliance with a notice under subsection 18(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).
670. This item repeals section 23 of the Migration Act 1958 ("the Act") which creates an offence of producing a document that is false or misleading in purported compliance with a notice under subsection 18(1) of the Act, except where the person indicates in the manner prescribed that the document is false or misleading (subsection 23(2)). This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill. The exception in subsection 23(2) is being replaced by subsection 137.2(3) (False or misleading documents) of the Criminal Code.
671. This item is consequent upon items 278 and 279 and effectively amends section 24 of the Migration Act 1958 ("the Act") by adding a prosecution for an offence against sections 137.1 and 137.2 of the Criminal Code to those exempted from the effect of section 24. Section 24 relevantly provides that giving information or producing a document under the relevant Division of the Act, and any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document, are not admissible in evidence in criminal proceedings against the person, other than in exempted proceedings. The exempted proceedings are those stated in subsection 24, which following this amendment will be proceedings in relation to the offences under the Division of the Act in question and sections 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code. The offences in these sections of the Criminal Code replace the offences contained in sections 22 and 23 of the Act, which are repealed by virtue of items 278 and 279 of this Schedule.
672. This item repeals section subsection 137(9) of the Migration Act 1958 ("the Act") which creates an offence of giving information that is false or misleading in purported compliance with a notice under subsection 137(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).
673. This item is consequent upon item 283 and amends subsection 308(4) of the Migration Act 1958 ("the Act") by removing the reference to section 487 of the Act and substituting references to sections 137.1 (False or misleading information), 137.2 (False or misleading documents) of the Criminal Code. This amendment removes a prosecution for an offence against section 487 and adds a prosecution for an offence against sections 137.1 or 137.2 of the Criminal Code to those excepted from the effect of subsection 308(4). Subsection 308(4) relevantly provides that any information or document provided in response to a requirement under subsection 308(1) of the Act, and any information or thing (including any document) obtained as a direct or indirect result of information or a document provided in response to requirement under subsection 308(1), are not admissible in evidence in criminal proceedings against the person, other than in excepted proceedings. The excepted proceedings are stated in subsection 308(4) to be proceedings for an offence against section 487 of the Act, which will be repealed by this Bill (item 283 of this Schedule) and replaced by sections 137.1 and 137.2 of the Criminal Code.
674. This item repeals section 487 of the Migration Act 1958 ("the Act") which creates an offence of obstructing, hindering, deceiving or misleading any person exercising powers or performing duties under or for the purposes of the Act or the regulations. 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), 149.1 (Obstruction of Commonwealth public officers), 135.1 (General dishonesty).
675. This item inserts into section 493 of the Migration Act 1958 ("the Act") a new subsection 9. Subsection 9 provides that Part 2.5 of the Criminal Code does not apply to an offence against the Act or the regulations. The item also adds a note after subsection 9 explaining that Part 2.5 deals with corporate criminal responsibility. This subsection is included to make it clear that section 493 of the Act (which covers the conduct of directors, servants and agents) itself deals with corporate criminal responsibility.
Motor Vehicle Standards Act 1989
676. This item repeals section 31 of the Motor Vehicle Standards Act 1989 ("the Act") which creates an offence of obstructing, hindering, or resisting an inspector in the performance of his or her 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 officers).
677. This item repeals paragraph 103(5)(c) of the National Health Act 1953 which creates an offence of obtaining a payment in respect of the supply of a pharmaceutical benefit which is not payable. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 135.2 (Obtaining financial advantage).
National Occupational Health and Safety Commission Act 1985
678. This item repeals subsections 62(3) and (4) of the National Occupational Health and Safety Commission Act 1985. Subsection 62(3) creates an offence for a person who provides a notice required by the National Occupational Health and Safety Commission under section 62 which includes information that is false or misleading in a material particular. Subsection 62(4) provides that an offence against subsection 62(3) is punishable on summary conviction. The offence under subsection 62(3) is replaced by the Criminal Code offence: 137.1 (False or misleading information), 137.2 (False or misleading documents).
679. Item repeals all the words after the words "except in" of the National Occupational Health and Safety Commission Act 1985. The item is consequential on item 287 and repeals the references in subsection 62(6) to subsection 61(3), to the Crimes Act 1914 ancillary offence provisions at sections 6, 7, and 7A and to the Crimes Act conspiracy offence subsection 86(1).
680. Item 289 repeals the words "sections 70, 72, 73, 74 and 75 of the Crimes Act 1914 " in subsection 203DF(8) of the National Title Act 1993 and substitutes the words "section 70 of the Crimes Act 1914 " in the provision. The offences in sections 72, 73, 74 and 75 of the Crimes Act 1914 are replaced by Criminal Code offences: 141.1 (Bribery of a Commonwealth public official), 145.4 (Falsification of documents etc), 148.1 (Impersonation of an official by a non-official).
681. This item adds at the end of section 203DF of the Native Title Act 1993 a new subsection (9) ("Auditor or investigator taken to be a Commonwealth public official"). Subsection 203DF(9) is inserted to avoid any doubt that an auditor or inspector appointed under the Native Title Act 1993 is taken, for the purposes of the Criminal Code, to be a Commonwealth public official. A extended definition of Commonwealth public official is provided in the Dictionary to the Criminal Code.
682. This item repeals section 160 of the Navigation Act 1912. Section 160 creates various offences in relation to forgery, using any document which has been forged or fraudulently altered, giving false evidence and making false representation in connection with a deceased seamen's property.
683. The item substitutes a new section 160 which reinstates paragraph 160(c) which is the offence of giving false evidence knowing it to be false. The remainder of the offences in repealed section 160 are replaced by the Criminal Code offences: 137.1 (False or misleading information), 144.1 (Forgery), 145.1 (Using forged document), 145.4 (Falsification of documents etc.).
684. This item repeals paragraphs 386(a) and (b) of the Navigation Act 1912. Paragraphs 386(a) and (b) create offences that no person will make in any document, produced to any person who is authorised to receive the document, any statement which is untrue in any particular.
685. The offence will be replaced by the Criminal Code offences: 137.2 (False or misleading documents).
686. This item repeals paragraph 386(e) of the Navigation Act 1912. Paragraph 386(e) creates an offence that no person shall give any bribe, recompense, or reward to, or make any collusive agreement with, any official performing any duty under the Navigation Act 1912. The offence is 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), 142.2 (Abuse of public office).
687. Item 294 replaces section 387 of the Navigation Act 1912 with a new substitute paragraph. Section 387 creates an offence if a person by violence, threat or intimidation, hinders or interferes with the master or an officer of a ship in the performance of that person's duty in relation to the maintenance of discipline on board the ship.
688. The item substitutes a new section 387 which, in effect, reinstates paragraph 160(b) of the Navigation Act 1912, and provides an offence where a person, by violence, threat or intimidation, hinders or interferes the master of a ship or an officer of a ship in the performance of the master's or officer's duty in relation to maintenance of discipline on board the ship. The penalty for the offence in the original paragraph 160(b) is inserted for the replacement offence.
689. This item repeals subsection 389A(1) and (2) of the Navigation Act 1912. Subparagraph 389A(1)(a) creates an offence if a person knowingly makes a false representation for the purpose of obtaining a certificate for himself or another person. Subparagraphs 389A(1)(b), (c) and (d) provide no person shall forge or fraudulently alter a certificate, fraudulently use a certificate that is forged, altered, cancelled or suspended or to which he or she is not justly entitled, or allow a person to use fraudulently a certificate. Subsection 389A(2) provides that a person who contravenes paragraph 389A(1) is guilty of an offence. The repealed offences are replaced by Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents), 144.1 (Forgery), 145.1 (Using forged document), 145.2 (Possession of forged document).
690. The item is consequential on item 296 and repeals the reference in subsection 389A(3) of the Navigation Act 1912 to subsection 389A(1) because that subsection is repealed by item 295.
691. The item is consequential on item 295 and repeals the reference in paragraph 389A(5)(b) of the Navigation Act 1912 to subsection 389A(1) because that subsection is repealed by item 295.
Northern Territory (Self-Government) Act 1978
692. Item 298, which repeals section 52 of the Northern Territory (Self-Government) Act 1978. is consequential on the repeal of the Secret Commissions Act 1905 by item 365 of Schedule 2 of this Bill. The proposed corrupting payment offences (142.1) which replace the secret commissions offences do not extend to trade and commerce in the States. Relevant State offences will apply. Proposed section 472.1 makes it clear that the new offences do not exclude or limit the operation of State or Territory offences. Therefore, there is no further role for section 52. Sections 236 and 237 of the Northern Territory Criminal Code provide for local secret commissions offences.
693. For further details on the Secret Commissions Act 1905 , see Item 365.
Nuclear Non-Proliferation (Safeguards) Act 1987
694. Item 299 omits the words '"section 76 of the Crimes Act 1914 " in subsection 31(2) of the Nuclear Non-Proliferation (Safeguards) Act 1987 and substitutes reference to the Criminal Code causing harm to Commonwealth public officials offence (147.1) and obstruction of Commonwealth public officials offence (149.1). Subsection 31(2) provided that the offence of obstructing an Agency inspector in subsection 31(1) will not affect the operation of section 76 of the Crimes Act 1914 ; it now provides that the subsection will not affect the operation of the Criminal Code offences.
Occupational Health and Safety (Commonwealth Employment) Act 1991
695. This item repeals subsection 43(3) of the Occupational Health and Safety (Commonwealth Employment) Act 1991. Subsection 43(3) creates an offence if a person in purported compliance with a requirement under section 43, knowingly or recklessly gives information that is false or misleading in a material particular. The offence in subsection 43(3) is replaced by the Criminal Code offences: 137.1 (False or misleading information). 137.2 (False or misleading documents).
Occupational Health and Safety (Maritime Industry) Act 1991
696. This item repeals subsection 90(3) of the Occupational Health and Safety (Maritime Industry) Act 1991. Subsection 90(3) creates an offence if a person in purported compliance with a requirement under section 90, knowingly or recklessly gives information that is false or misleading in a material particular. The offence in subsection 90(3) is replaced by the Criminal Code offences: 137.1 (False or misleading information). 137.2 (False or misleading documents).
697. Item 302 substitutes a replacement Note 2 at the foot of subsection 328(1) of the Offshore Minerals Act 1994 providing that the Criminal Code deals with offences in relation to the proper keeping of the register (for example 145.4 (Falsification of documents etc); the repealed Note had referred to section 72 Crimes Act 1914 which is itself repealed by this Schedule and replaced by Criminal Code offences: 145.4 (Falsification of documents etc).
698. Item 303 inserts reference to the Criminal Code with the result that subsection 405(2) Offshore Minerals Act 1994. provides that the Crimes Act 1914 and the Criminal Code contain provisions that are relevant to the operation of the Offshore Minerals Act 1994.
699. This item repeals Note 2 at the foot of subsection 405(2) of the Offshore Minerals Act 1994 and substitutes a new Note 2. Note 2 makes reference to section 29B of the Crimes Act 1914 for a general offence of making untrue representations with a view to obtaining a benefit or advantage. The substituted Note 2 makes reference to Parts 7.3 and 7.4 of the Criminal Code which deal with fraudulent conduct and false or misleading statements.
700. This item repeals Note 4 at the bottom of subsection 405(2) of the Offshore Minerals Act 1994 and substitutes a new Note 4. Note 4 makes reference to section 72 of the Crimes Act 1914 for a general offence of falsification of books and records by "Commonwealth officers". The substituted Note 4 makes reference to section 145.4 of the Criminal Code which provides for the general offence relating to the falsification of documents kept for the purposes of a law of the Commonwealth.
701. This item repeals all the words after "giving false testimony" in Note 5 at the bottom of subsection 405(2) of the Offshore Minerals Act 1994. The words after "giving false testimony" in Note 5 make reference to section 76 Crimes Act 1914 which provides an offence for obstructing a public officer. The offence in section 76 is replaced by the Criminal Code offences: 147.1 (Causing harm to a Commonwealth public official etc), 147.2 (Threatening to cause harm to a Commonwealth public official etc), 149.1 (Obstruction of Commonwealth public officials).
702. The item is consequential on item 308. It adds a new Note 7 which refers to section 149.1 (Obstruction of Commonwealth public officials) of the Criminal Code.
703. The item amends paragraph 9(4)(d) and is consequential on item 309 which repeals subsection 36(2) of the Act which is referred to in the paragraph. Subsection 9(4) details several instances (at paragraphs 9(4)(a), (aa), (ab) and (b)) where it is not an excuse not to produce a document or answer a question under the Act. The subsection also provides that the answer or document is not admissible in evidence in proceedings against the person except proceedings referred to in paragraphs 9(4)(c) or (d). The item provides that, in addition to the reference in paragraph 9(4)(d) to section 36, the exemption will extend to proceedings under the Criminal Code which replace the offences in subsection 36(2) of the Act repealed by item 309. The offences repealed by item 309 are obstruct/hinder and false or misleading statement offences and the reference in paragraph 9(4)(d) is to the replacement Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents), 149.1 (Obstruction of Commonwealth public officials).
704. Item 309 repeals subsection 36(2) of the Ombudsman Act 1976. Paragraph 36(2)(a) creates an offence if a person obstructs the Ombudsman or any other person in the exercise of his or her functions under the Ombudsman Act 1976. Paragraph 36(2)(b) creates an offence if a person furnishes information or makes a statement to the Ombudsman or to an authorised person knowing that it is false or misleading in a material particular. The offences in subsection 36(2) are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents), 149.1 (Obstruction of Commonwealth public officials).
Passenger Movement Charge Collection Act 1978
705. Item 310 repeals subsection 8(2) of the Passenger Movement Charge Collection Act 1978. Subsection 8(2) creates an offence if a person when required to answer a question or produce a document in pursuant to subsection 7(2) of the Act, makes a statement, or produces a document, that is false or misleading in a material particular. The offence under subsection 8(2) is replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
706. The item is consequential on item 313 and omits reference to paragraph 9B(f) in subsection 5(3) of the Passports Act 1938 because paragraph 9B(f) is omitted and replaced by paragraph 9B(b) by item 313.
707. The item is consequential on item 313 and omits reference to paragraph 9B(f) in subsection 5(4) of the Passports Act 1938 because paragraph 9B(f) is omitted and replaced by paragraph 9B(b) by item 313.
708. This item repeals section 9B of the Passports Act 1938. Section 9B creates a number of offences in relation to forgery and falsifying of Australian and foreign country issued passports. Section 9B is replaced by a new provision containing offences dealing only with the falsification within Australia of foreign passports. The remainder of the offences in the repealed section 9B which relate to forgery and falsification of Australian passports are replaced by Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document), 145.2 (Possession of forged document), 145.4 (Falsification of documents etc.), 145.5 (Giving information derived from false or misleading documents).
Petroleum Excise (Prices) Act 1987
709. The item repeals subsection 6(3) of the Petroleum Excise (Prices) Act 1987. Subsection 6(3) creates an offence if a person in purported compliance with section 6, knowingly or recklessly gives information that is false or misleading in a material particular. An oil producer of excisable crude petroleum oil entered for home consumption during a particular month is required to give to the Minister such information as is required. The offence under subsection 6(3) is replaced by the Criminal Code offence: 137.1 (False or misleading information).
710. This item amends subsection 10(6) and is consequential on item 316 which repeals subsection 10(8) of the Petroleum Excise (Prices) Act 1987. This item omits the words "subsection (8)" in subsection 10(6) and substitutes a reference to the Criminal Code offence (137.1) which replaces the false or misleading information offence at subsection (8). The result of the item is that subsection 10(6) now provides that a statement or disclosure made, an answer given or a document produced (or any thing obtained directly or indirectly from the statement, disclosure or document) in response to a requirement under section 10 is not admissible in evidence in criminal proceedings against the person except proceedings under the Criminal Code false or misleading information offence (137.1).
711. The item repeals subsection 10(8) of the Petroleum Excise (Prices) Act 1987. Subsection 10(6) creates an offence if a person in purported compliance with a requirement under the section, knowingly or recklessly gives information that is false or misleading in a material particular. An oil producer of excisable crude petroleum oil entered for home consumption during a particular month is required to give to the Minister such information as is required. The offence under subsection 10(8) is replaced by the Criminal Code offence: 137.1 (False or misleading information).
Pooled Development Funds Amendment Bill 1999
712. This item amends section 47 of the Pooled Development Funds Act 1992 as amended by the Pooled Development Funds Amendment Bill 1999. Item 25 of Schedule 1 of the latter Bill repeals subsection 47(4) of the Act. The repealed subsection provided that the term "revocation provision" means certain specified provisions under the Act. Item 317 of this Bill inserts a new subsection 47(4) which provides that a reference in subsection 47(1) to a provision of the Act includes a reference to the Criminal Code offences of false or misleading statements in applications (136.1), giving false or misleading information (137.1) and producing false or misleading documents (137.2).
713. Item 318 repeals section 52 of the Pooled Development Funds Act 1992. Section 52 created offences of making false or misleading statements and producing documents containing false or misleading information. The repealed 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).
Prawn Export Promotion Act 1995
714. The item is consequential on item 320. Item 320 repeals subsection 22(3) which created offences of making false or misleading statements in a document or return or giving false or misleading information. This item repeals the reference in paragraph 22(2)(a) of the Prawn Export Promotion Act 1995 to subsection 22(3) because that subsection is repealed by item 320. Subsection 22(2) provides that self-incrimination is not an excuse not to submit a return or information. The section also provides that any return or information (and any information or thing obtained as a direct or indirect consequence of the giving of the return or information) is not admissible in evidence in criminal proceedings against the person except proceedings under subsections 22(1) or (3). In place of the omitted reference to subsection 22(3) the item substitutes that the exception also extends to the Criminal Code offences of giving false or misleading information (137.1) or producing false or misleading documents (137.2) where the proceedings relate to the Act (these are the Criminal Code offences which replace the repealed subsection 22(3) offences).
715. Item 320 repeals subsection 22(3) of the Prawn Export Promotion Act 1995. Subsection 22(3) creates offences of making false or misleading statements in a document or return or giving false or misleading information. The offences under subsection 22(3) are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
716. Item 321 repeals subsection 32(2) of the Prices Surveillance Act 1983. Subsection 32(2) creates offences of refusing or failing to comply with a notice under subsection (1) of the Act (paragraph (a)) and knowingly furnishing false or misleading information (paragraph (b)). The offence at paragraph (b) is replaced by the Criminal Code offence: 137.1 (False or misleading information).
717. Item 322 adds a note at the end of section 32 of the Prices Surveillance Act 1983. The Note provides that sections 137.1 and 137.2 of the Criminal Code deal with false or misleading information and documents.
Primary Industries Levies and Charges Collection Act 1991
718. Item 323 is consequential on the repeal of subsection 24(3) by item 324. Subsection 24(3) created an offence of producing a document, or making a statement or return or information that is false or misleading in a material particular. Item 323 omits the reference in subsection 24(2) to subsection 24(3) because the latter subsection has been repealed. Subsection 24(2) provides that self-incrimination is not an excuse not to submit a return or information. The section also provides that any return or information (and any information or thing obtained as a direct or indirect consequence of the giving of the return or information) is not admissible in evidence in criminal proceedings against the person except proceedings under subsections 24(1) or (3). In place of the omitted reference to subsection 24(3) the item substitutes that the exception also extends to the Criminal Code offences of giving false or misleading information (137.1) or producing false or misleading documents (137.2) where the proceedings relate to the Act (these are the Criminal Code offences which replace the repealed subsection 24(3) offences).
719. Item 324 repeals subsection 24(3) of the Primary Industries Levies and Charges Collection Act 1991. Subsection 24(3) creates offences of making false or misleading statements in a document or return or giving false or misleading information. The offences under subsection 24(3) are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
720. The Bill proposes the removal of the existing organised fraud offence from the Proceeds of Crime Act 1987 (item 327 of Schedule 2). A Government Amendment removed the replacement organised fraud offence (proposed section 135.3) from the Bill as recommended by the House of Representatives Standing Committee on Legal and Constitutional Affairs for the reasons outlined in the notes on that amendment.
721. The non-existence of the organised fraud offence means that special provisions concerning the restraint of and automatic forfeiture of 'proceeds of crime' will be necessary to ensure those provisions operate in the same way as they did prior to the removal of the offence. The Standing Committee favoured this approach (see paragraphs 3.3 and 3.6, pages 13 and 14 of the advisory report).
722. Currently subsection 7(1) of the Proceeds of Crime Act 1987 has a definition of 'serious offence'. It includes serious narcotics, money laundering and organised fraud offences. Where a person is about to be charged, or is charged with a serious offence, that person's property can be restrained more easily to preserve alleged 'proceeds of crime'. Under subsection 44(3) of that Act, the DPP is only required to establish that there are reasonable grounds for the police to believe that the defendant committed the offence and, under subsection 44(7A) of the Act if the property is the property of another person, that there are reasonable grounds for the police to believe that the property is tainted in relation to the offence or is subject to the effective control of the defendant. If it was another type of offence covered by the Act, under subsections 44(5), (6) and (7) the DPP would also need to establish that there are reasonable grounds for the police to believe that the defendant derived a benefit, directly or indirectly, from the commission of the offence if the property was not tainted in relation to the offence. Further, if the relevant person is convicted of a 'serious offence' restrained proceeds of crime can be automatically forfeited under section 30 of that Act. Therefore the definition of 'serious offence' is very important.
723. The definition of 'serious offence' at proposed item 324C of schedule 2 was changed by replacing the reference to the organised fraud offence to an offence the subject of a declaration under proposed section 96A.
724. Proposed section 96A, inserted by item 328A is designed to replicate the effect of the organised fraud offence where the defendant if convicted of 3 or more public fraud offences by enabling the DPP to apply to have the court deliberate on whether the defendant has derived substantial benefit from the commission of any or all of those offences. If the court is satisfied there is such a benefit, under proposed subsection 96A(1) it must declare each of the offences to be a 'serious offence' and then section 30 of the Proceeds of Crime Act 1987 will apply.
725. Item 324A contains an interpretative provision at proposed subsection 4(3A) and amendment and item 324B provides for a definition of 'public fraud offence' which takes into account the existing Crimes Act 1914 and Crimes (Taxation Offences) Act 1980 fraud related offences as well as the new ones proposed by the Bill for the Criminal Code. This is necessary to cover the transition period. Item 324C provides for a new definition of 'serious offence' with one that does not include a reference to 'organised fraud', but includes an offence subject to a declaration under proposed section 96A. Item 324D is a clarifying amendment to ensure proposed section 96A works as intended.
726. An amendment to item 325 would delete a definition of 'organised fraud offence' from subsection 7(2) of the Proceeds of Crime Act 1987 which referred to what was originally intended to be the new organised fraud offence (proposed section 135.3). An organised fraud offence is defined in subsection 7(2) to mean an offence against section 83 of the Proceeds of Crime Act 1987.
727. It is proposed in item 325A that there be an interpretative provision in section 7 of the Proceeds of Crime Act 1987 and at item 326 a cross-reference to the offence which is to be removed (section 135.3) is deleted.
728. Item 326 makes some consequential amendments to the definition of "relevant offence" in subsection 34C(2) of the Proceeds of Crime Act 1987 as a result of the repeal by items 149 and 154 of the Schedule of the Crimes Act offences referred to in the subsection. The subsection provides that offences under Crimes Act 1914 sections 29A (false pretences), 29B (false representation), 29C (statements in applications for grant of money), 29D (fraud), 71 (stealing property of the Commonwealth), 86 or 86A (conspiracy) are relevant offences. The substituted wording inserted by the item in subsection 34C(2) refers to the Criminal Code offences replacing the repealed Crimes Act offences: 131.1 (Theft), 132.1 (Receiving), 132.6 (Making off without payment), 132.8 (Dishonest taking or retention of property), 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), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). The conspiracy offence is covered by Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 deals with the General Principles of Criminal Responsibility).
729. Item 326A would amend subsection 73(4) of the Proceeds of Crime Act 1987 by supplementing a cross-reference to 'serious offence' (which includes the existing organised fraud offence) with a description of the activity which would have constituted organised fraud. Subsection 73(4) provides for the authorisation of financial monitoring orders.
730. Item 327 repeals Division 2 of Part V of the Proceeds of Crime Act 1987. Division 2 of Part V includes the offence of organised fraud in section 83 of the Proceeds of Crime Act 1987.
731. Item 328 omits the reference to section 83 in subsection 84(1) of the Proceeds of Crime Act 1987. Subsection 84(1) provides that an offence against a number of provisions including section 83 in the Proceeds of Crime Act 1987 are indictable offences.
732. In addition to the declaration at proposed subsection 96A(1), item 328A also provides for a 'serious offence' declaration by the relevant court where a person has been charged (subsection 96A(3)), or is about to be charged (subsection 96A(5)), with 3 or more public fraud offences and the court is satisfied the police officer supporting the application for an order has reasonable grounds for believing that the person has derived a substantial benefit from the commission of any or all the offences. Then, through proposed subsection 96A(7), the rules in relation to restraining orders will apply as they do now if there is a declaration under proposed subsection 96A(3) or 96A(5). As mentioned above, under subsections 44(3) and (7A) different rules apply to the making of a restraining order where a 'serious offence' is involved.
Protection of Movable Cultural Heritage Act 1986
733. This item inserts a new subsection in section 3 of the Act defining the term "offence against this Act" in the Act to ensure that duly authorised officers can continue to investigate offences which relate to the Act where the offences have been repealed from the Act and replaced by the offences in the Criminal Code referred to in the item: 148.1 (Impersonation of an official by a non-official), 148.2 (Impersonation of an official by another official), 147.1 (Causing harm to a Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials).
734. This item repeals section 44 of the Protection of Movable Cultural Heritage Act 1986. Section 44 creates an offence if a person, without reasonable excuse, obstructs or hinders an inspector exercising powers under the Act. The offence under section 44 is replaced by the Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
735. This item repeals section 45 of the Protection of Movable Cultural Heritage Act 1986. Section 45 creates an offence if a person, by words or conduct, falsely represents that he or she is an inspector. The offence under section 45 is replaced by the Criminal Code offence: 148.1 (Impersonation of an official by a non-official).
736. The item is consequential on item 331 and omits the reference in subsection 46(1) of the Protection of Movable Cultural Heritage Act 1986 to section 45 because that subsection is repealed by item 331. Subsection 46(1) provides that the specified offences are indictable offences. The offence under section 45 of impersonating an inspector is replaced by Criminal Code offence: 148.1 (Impersonation of an official by a non-official).
737. The item is consequential on item 330 and repeals the reference in subsection 46(2) of the Protection of Movable Cultural Heritage Act 1986 to section 44 because that subsection is repealed by item 330. Subsection 46(2) provides that the specified offences are summary offences. The offence under section 44 (obstruction of inspector) is replaced by the Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
738. The item is consequential on item 331 and repeals the reference in paragraph 46(4)(b) of the Protection of Movable Cultural Heritage Act 1986 to section 45 because that subsection is repealed by item 331. Subsection 46(4) provides the maximum penalty a court of summary jurisdiction may impose where a person is convicted of the specified offences. The offence under section 45 is replaced by Criminal Code offence which contains the maximum penalty a court may impose on conviction of the offence: 148.1 (Impersonation of an official by a non-official).
739. This item repeals subsection 22(1) of the Public Lending Right Act 1985. Subsection 22(1) creates an offence if a person, in or in connection with a claim, knowingly makes to the Public Lending Right Committee, a statement whether oral or in writing, or present to the Public Lending Right Committee a document that is false or misleading in a material particular. The offences under subsection 22(1) are replaced by Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
740. The item is consequential on item 335 and repeals the reference in subsection 22(2) of the Public Lending Right Act 1985 to subsection 22(1) because that subsection is repealed by item 335. Subsection 22(2) provides that where a person is convicted of a subsection 22(1) offence the court may in addition to imposing a penalty under the subsection order the person to repay to the Commonwealth the amount of any payment wrongfully made to the person under the Scheme. The substituted paragraph inserts, in place of the reference to subsection 22(1), reference to the Criminal Code offences of giving false or misleading information (137.1) and producing a false or misleading document (137.2) (these are the offences which replace the offences in subsection 22(1).
741. This amendment is consequential on item 335 repealing subsection 22(1). The item further amends subsection 22(2) by omitting the words "under that subsection" because the offence provision conviction pursuant to which the court may order the person to make repayment is now a Criminal Code offence and not an offence under section 22.
742. This item repeals subsection 22(4) of the Public Lending Right Act 1985. Subsection 22(4), deals with corporate criminal responsibility and is replaced by Part 2.5 of Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
743. Item 339 is consequential on item 31 which repeals subsection 34 of the Auditor-General Act 1997. This item amends subsection 43(2) Public Service Act 1999 which refers to several sections of the Auditor-General Act and omits the reference to section 34 of the latter Act. Section 43 Public Service Act provides for the Commissioner's special inquiry powers. Section 34 Auditor-General Act 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 offence: 137.1 (False or misleading information), 137.2 (False or misleading documents).
744. Item 340 is consequential on item 31 by the repeal of the word ", 34" in subsection 50(2) of the Public Service Act 1999. Section 50 provides for the Merit Protection Commissioner's functions and subsection 50(2) contains reference to several Auditor-General Act sections including section 34 which is repealed by item 31 of this Bill. 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 created by section 34 is replaced by an Criminal Code offence: 137.1 (False or misleading information), 137.2 (False or misleading documents).
745. This item repeals the note inserted after subsection 70B(2) of the Act by the Quarantine Amendment Bill 1998. The item inserts 2 new notes the first of which refers to section 74C for the offence of failure to answer a question asked under subsection 70B(2) and the second of which refers to the Criminal Code false or misleading information offence (137.1) where a person gives such information in answer to a question under the subsection. The replacement notes are inserted because the former note indicated that the offences of failure to answer a question or giving a false or misleading answer to a question were both offences under section 74C. This was the case upon the Quarantine Amendment Bill amending section 74C because that Bill inserted subsection 74C(3) and (4) and 74C(3) provided for the false or misleading answer offence and subsection 74C(1) already provided for the failure to answer a question or produce a document offence. However item 343 of this Bill repeals subsections 74C(3) and (4) and the offence at 74C(3) is replaced by the Criminal Code false or misleading information offence (137.1). Hence the need for 2 notes indicating the different locations of the relevant offences.
746. This item repeals the note inserted after subsection 70B(3) of the Act by item 245 of the Quarantine Amendment Bill 1998. The item inserts 2 new notes the first of which refers to section 74C for the offence of failure to produce a document and the second of which refers to the Criminal Code false or misleading document offence (137.2). The replacement notes are inserted because the former note indicated that the offences of failure to produce a document or producing a false or misleading document were both offences under section 74C. This was the case upon the Quarantine Amendment Bill amending section 74C because that Bill inserted subsection 74C(3) and (4) and 74C(3) provided for the false or misleading document offence and subsection 74C(1) already provided for the failure to answer a question or produce a document offence. However item 343 of this Bill repeals subsections 74C(3) and (4) and the offence at 74C(4) is replaced by the Criminal Code false or misleading document offence (137.2). Hence the need for 2 notes indicating the different locations of the relevant offences
747. This item repeals subsections 74C(3) and (4) of the Act which are inserted in the Act by the Quarantine Amendment Bill 1998 which amends the Quarantine Act 1908. Subsections 74C(3) and (4) creates offences where a person gives false or misleading answers to a question or fails to correct a false or misleading document. The offences in subsections 74C(3) and (4) are replaced by Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
748. Item 344 repeals section 79 of the Quarantine Act 1908. Section 79 creates offences for a person who forges any document, utters any forged document, fraudulently lends any certificate or document to another person. The offences under section 79 are replaced by Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document), 145.2 (Possession of forged document).
749. Item 345 repeals paragraph 79A(2)(a) of the Act and substitutes a replacement paragraph. Paragraph 79A(2) is inserted in the Act by the Quarantine Amendment Bill 1998. Paragraph 79A(2)(a) provides that the answer or document given in response to a requirement under the Act (including a thing obtained as a direct or indirect result of giving the answer or producing the document) is not admissible in evidence in criminal proceedings against the person except proceedings under the specified sections including subsection 74C(4). Subsection 74C(4) is repealed by item 343 and in place of the omitted reference to it the item substitutes that the exception also extends to proceedings that relate to this Act under the Criminal Code false or misleading documents offence (137.2).
750. Item 346 repeals section 81 of the Quarantine Act 1908. Section 81 create offences for bribing, assaulting, obstructing and intimidating an officer in the performance of his or her duties under the Quarantine Act 1908. The offences under section 81 are replaced by Criminal Code offences: 141.1 (Bribery of a Commonwealth public official), 142.1 (Corrupting benefits given to, or received by, a Commonwealth public official), 139.1 (Unwarranted demands of a Commonwealth public official), 147.1 (Causing harm to a Commonwealth public official etc.), 147.2 (Threatening to cause harm to a Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials)
Racial Discrimination Act 1975
751. The item is consequential on item 348 and omits the reference in subsection 27D(1) of the Racial Discrimination Act 1975 to section 27E because that section is repealed by item 348. Subsection 27D(1) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 27B of the Racial Discrimination Act 1975 . The section also provides that the answer or document is not admissible in evidence in proceedings against the person except in proceedings under section 27E. Section 27E creates an offence where a person furnishes false or misleading information to the Commission. Inserted in substitution for the omitted reference to section 27E is a reference to the Criminal Code offence for the repealed section 27E offence: 137.1 (False or misleading information).
752. Item 35 repeals section 27E of the Racial Discrimination Act 1975. Section 27E create offences if a person furnishes information or makes a statement to the Racial Discrimination Commission or to the Racial Discrimination Commissioner or to any other person exercising powers or performing functions under the Racial Discrimination Act 1975, knowing that the information or statement is false or misleading in a material particular. The offence under section 27E is replaced by the Criminal Code offence: 137.1 (False or misleading information).
753. This item inserts a new subsection 11(1) which provides a definition of the term "offence against this Act" to ensure that duly authorised officers can continue to investigate offences which relate to the Act where the offences have been repealed from the Act and replaced by offences in the Criminal Code.
754. The item is consequential on item 355 and omits the reference in subparagraph 124(3)(b)(iv) of the Radiocommunications Act 1992 to section 302 because that section is repealed by item 355. Section 124 deals with cancelling certificates of proficiency by the ACA and subsection 124(3) lists matters which must be taken by the ACA in its decision to cancel a certificate. Section 302 created an offence of making a false or misleading statement and is replaced by the offence in the Criminal Code : 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
755. The item is consequential on items 350 and 355 and inserts, in place of the omitted reference to section 302 in paragraph 124(3)(b)(iv), a new subparagraph 124(3)(b)(iva) which provides that the ACA (in deciding whether to cancel a certificate of proficiency) must have regard to whether the operator has been convicted of an offence against the Criminal Code false or misleading statements in application offence (136.1), false or misleading information offence (137.1) which replace section 302 (repealed by item 355).
756. The item is consequential on item 355 and omits the reference in subparagraph 171(3)(b)(ii) of the Radiocommunications Act 1992 to section 302 because that section is repealed by item 362. Section 171 deals with cancelling permits and subsection 171(3) specifies matters the ACA must have regard to in deciding whether to cancel a permit. One of the matters specified was whether the permit holder or agent of the holder has been convicted of an offence against section 302 which is a false or misleading statement/information offence. The item omits the reference to section 302 because it has been repealed.
757. The item is consequential on item 352 and 355. Item 355 repeals the false or misleading information offence at section 302 and item 352 omits the reference in subparagraph 171(3)(b)(ii) to section 302 convictions as a matter the ACA must take into account in deciding whether to cancel a permit. This item, in place of the omitted reference to section 302 in subparagraph 171(3)(b)(ii), inserts a new subparagraph 171(3)(b)(iii) which requires the ACA to have regard to whether the permit holder has been convicted of an offence against the Criminal Code false or misleading statement in applications offence (136.1) or false or misleading information offence (137.1).
758. The item is consequential on item 355 and omits the reference in subsection 210(6) of the Radiocommunications Act 1992 to section 302 because that section is repealed by item 355. Section 302 creates an offence of making false or misleading statements or giving false or misleading information and is replaced by Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information). Subsection 210(6)) provides that evidence of anything said at a compulsory conference or any document produced at the conference is not admissible in evidence in proceedings against the person except proceedings for an offence against section 302. In place of the omitted reference to section 302 the item substitutes that the exception extends to proceedings that relate to this Act under the Criminal Code offences which replace the repealed section 302 offence.
759. Item 323 repeals section 302 of the Radiocommunications Act 1992. Section 302 creates offences where a person, for the purposes of or in connection with the Radiocommunications Act 1992, knowingly or recklessly makes, or authorises the making of, a statement that is false or misleading in a material particular; or omits, or authorises the omission of, any matter or thing without which an application is misleading in a material respect.
760. The offences under section 302 are replaced by the Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
761. Part 2.5 of the Criminal Code deals with general principles of corporate criminal responsibility. While these principles apply to most offences, it is not intended that well established specific corporate criminal responsibilities provisions should be replaced by the general provision where issues of public safety suggest a stricter standard is warranted, such as in this case.
Resource Assessment Commission Act 1989
762. This item repeals and substitutes subsection 54(1) of the Resource Assessment Commission Act 1989 ("the Act"). Subsection 54(1) creates offences of giving to the Commission information or documents that the person knows are false or misleading, and giving information or producing a document that the person knows is false or misleading at a hearing. The substituted subsection 54(1) recreates the offences specified by paragraph 54(1)(b), namely giving information or producing a document that the person knows is false or misleading at a hearing. The offences repealed from section 54 by virtue of this Schedule are replaced by Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
763. This item omits the words "give it to the Commission' (first occurring) in subsection 54(2) of the Resource Assessment Commission Act 1989. This item is consequent upon item 357.
Retirement Savings Accounts Act 1997
764. This item omits the reference to paragraph 150(1)(b) from section 145 of the Retirement Savings Accounts Act 1997 ("the Act") and substitutes a reference to section 137.1 (False or misleading information) of the Criminal Code. This item is consequential upon item 362, which repeals section 150 of the Act.
765. This item repeals and substitutes the heading of Part 12 of the Retirement Savings Accounts Act 1997 ("the Act"). The new heading (Part 12 - Offences relating to records etc.) better describes the contents of Part 12 of the Act following amendments made by virtue of this Schedule.
766. This item amends section 148 of the Retirement Savings Accounts Act 1997 ("the Act"), which is the objects section of Part 12 of the Act. The amendment omits the words "the making of false or misleading statements" and is consequent upon the repeal of relevant sections of Part 12, namely sections 150, 152 and 153, by virtue of this Schedule. This item is consequent upon items 362 and 363, which repeal sections 150,152 and 153.
767. This item repeals section 150 of the Retirement Savings Accounts Act 1997 ("the Act"). Section 150 creates offences of making a statement to an RSA officer that is misleading, or omitting from a statement made to an RSA officer any matter or thing without which the statement is misleading. These offences are 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).
768. Item 363 repeals sections 152 and 153 of the Retirement Savings Accounts Act 1997. Sections 152 and 153 create offences of making a statement to an RSA officer that is false or misleading or omitting from a statement made to an RSA officer any matter or thing without which the statement is misleading. These offences are 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).
Seat of Government (Administration) Act 1910
769. The item repeals section 7 of the Seat of Government (Administration) Act 1910 which refers to the Secret Commissions Act 1905 . This item is consequential upon item 365, which repeals the whole of the Secret Commissions Act 1905 .
770. This item repeals the whole of the Secret Commissions Act 1905 ("the Act"). The main purpose of the repeal of the Act is to replace the offence at section 4 with the proposed offence of corrupting benefits given to, or received by, a Commonwealth public official (142.1). The reasons for this are given in the part of this Explanatory Memorandum relevant to that Section. However the Gibbs Committee also recommended the repeal of the remaining offences in the Act as follows.
771. It is proposed that section 5, which concerns false accounts, be replaced by proposed sections 145.4 (Falsification of documents etc.) and 145.5 (Giving information derived from false or misleading documents) of the Criminal Code which have a substantially higher and more appropriate maximum penalty of 7 years imprisonment.
772. Section 6 concerns an agent secretly buying from or selling to himself or herself. This offence does not require proof that the person received any gain or caused any loss. Where a gain or loss occurs the proposed theft and fraud related offences will apply. If in the unlikely event that there is no gain or loss it should not be an offence. The Gibbs Committee recommended that the offence should be restricted to agents who are shareholders in private companies as it is too stringent for those who are shareholders of public companies. However it is the Government's view that the corrupt payments offences be limited to circumstances where the Commonwealth is a victim. The proposed Commonwealth offence will have no application to the private sector. If the offence is restricted to the public sector, the conduct it covers should be regulated by disciplinary and audit requirements, not the Commonwealth Criminal Code. Companies, whether they be private or public, should rely on the legislation which regulates them rather than the Criminal Code. The offence should therefore be repealed.
773. Section 7 allows civil recovery of the amount of a secret gift. The Gibbs Committee points out that the section is not appropriate to include in the Criminal Code and that the principal will probably have a right to recover the gift or consideration under the civil law. This is a civil issue and there is no case for special legislation. Section 7 should be repealed.
774. Sections 8 and 11 deal with evidential matters. The general law as provided under the Evidence Act 1995 should apply. These provisions can also be repealed. This is consistent with the recommendations of the Gibbs Committee.
775. Section 9 rules out providing evidence that the corrupt payment was customary. The proposed Criminal Code bribery and corrupt benefits offences rely on the concept of 'dishonesty'. No Australian jury will accept that there is a custom of bribery within the Commonwealth which is within community standards of honesty.
776. Section 10 deals with aiding and abetting. Section 11.2 of the Criminal Code provides for a general aiding and abetting provision. Therefore section 10 can also be repealed.
777. This item amends subsection 91(1) of the Sex Discrimination Act 1984 ("the Act") by removing the reference to a proceeding under section 93 of the Act and substituting a reference to proceedings for offences against 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 consequent upon item 367, which repeals section 93 of the Act.
778. This item repeals section 93 of the Sex Discrimination Act 1984 ("the Act"). Section 93 creates offences of furnishing information or making a statement to the Commission, to the Commissioner or to any other person exercising powers or performing functions under the Act knowing that the information or statement is false or misleading. These offences are 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).
Ships (Capital Grants) Act 1987
779. This item omits the reference in subsection 29(2) of the Ships (Capital Grants) Act 1987 ("the Act") to subsection 29(3) of the Act. This item is consequent upon item 369, which repeals subsection 29(3).
780. This item repeals subsection 29(3) of the Ships (Capital Grants) Act 1987 ("the Act"). Subsection 29(3) creates an offence of producing a document or other record made by another person that the first person knows is false or misleading, pursuant to a notice under subsection 29(1) of the Act. Subsection 29(3) also exempts the giving of a document or record from the scope of the offence provision if the person giving the document indicates the false or misleading aspect of the document or record. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.2 (False or misleading documents) and the exemption in subsection 29(3) is replaced by proposed subsection 137.2(3) of the Criminal Code.
781. This item repeals subsections 30(1) and 30(2) of the Ships (Capital Grants) Act 1987. Subsection 30(1) creates an offence of obtaining, or attempting to obtain, a grant that is not payable. Subsection 30(2) creates an offence of making a statement or producing a certificate under subsection 21(1), particulars under subsection 21(2), or other document or record, that is false or misleading, to the Secretary or other person exercising a power or performing a function or duty 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: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information) or 137.2 (False or misleading documents).
782. This item repeals subsections 30(4), (5) and (6) of the Ships (Capital Grants) Act 1987 ("the Act") which provide deeming provisions for the purposes of demonstrating a corporation's fault element in relation to the offences prescribed under subsections 30(1) and (2) of the Act. This item is consequent upon item 370, which repeals subsections 30(1) and (2). The deeming provisions for the purposes of demonstrating a corporation's fault element are being replaced by application of Chapter 2 (Part 2.5 - Corporate Criminal Responsibility) of the Criminal Code to offences within the Criminal Code.
783. This item repeals and substitutes subsection 30(7) of the Ships (Capital Grants) Act 1987 ("the Act"). Subsection 30(7) provides that a person must not be convicted of both an offence against or arising out of subsection 30(1) and an offence against or arising out of subsection 30(2) or an offence against or arising out of subsection 17(1) of the Act. The substituted subsection 30(7) is consequent upon item 370, which repeals subsections 30(1) and 30(2). It provides that a person must not be convicted of both an offence against or arising out of subsection 135.2 (Obtaining financial advantage) of the Criminal Code and an offence against or arising out of subsection 17(1) of the Act or an offence against or arising out of sections 136.1 (False or misleading statements in applications) or 137.1 (False or misleading information) or 137.2 (False or misleading documents). Subsections 30(1) and (2) are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information) or 137.2 (False or misleading documents).
784. This item repeals subsections 30(9), (10) and (11) of the Ships (Capital Grants) Act 1987 ("the Act") which provide indictable and summary offence provisions and a penalty provision in relation to an offence against subsection 30(1) of the Act. This item is consequent upon item 370, which repeals subsection 30(1).
785. This item omits the reference in subsection 32(1) of the Ships (Capital Grants) Act 1987 ("the Act") to subsections 30(1) and (2) of the Act and substitutes references 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. This item is consequent upon item 370, which repeals subsections 30(1) and (2).
786. This item omits the words "under that subsection" in subsection 32(1) of the Ships (Capital Grants) Act 1987 ("the Act") which relevantly is a reference to a conviction of an offence against subsections 30(1) or (2). This item is consequent upon item 370, which repeals subsections 30(1) and (2).
787. This item repeals section 8 of the Spirits Act 1906 which creates offences forging or falsely applying any prescribed stamp seal or label, or representing any stamp seal or label to be a prescribed stamp seal or label. 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), 145.4 (Falsification of documents etc.).
Stevedoring Industry Levy Collection Act 1977
788. This item repeals and substitutes section 8B of the Stevedoring Industry Levy Collection Act 1977 ("the Act"). Section 8B creates an offence of intentionally or recklessly failing to comply with the requirements under section 8A of the Act, or giving information in a statement referred to in subsection 8A(1) which the person knows is false or misleading in a material particular. The latter of these offences 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). The substituted section 8B recreates the former offence, namely that person must not intentionally or recklessly fail to comply with the requirements of section 8A.
789. This item repeals and substitutes subsection 9(1) of the Stevedoring Industry Levy Collection Act 1977 ("the Act"). Subsection 9(1) creates the offences of failing or neglecting duly to furnish a return or information that a person is required to furnish under section 6 of the Act, and furnishing for the purposes of the Act a return or information that is false or misleading. The latter of these offences 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). The substituted subsection 9(1) recreates the former offence, namely failing or neglecting duly to furnish a return or information that a person is required to furnish under section 6 of the Act.
790. This item repeals subsection 10(5) of the Stevedoring Industry Levy Collection Act 1977 ("the Act"). Subsection 10(5) creates an offence of, without reasonable excuse, obstructing or hindering an authorised officer acting in pursuance of a warrant granted under subsection 10(3) of the Act or acting in pursuance of subsection 10(4). This offence is 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 officers). The defence of reasonable excuse is being replaced by application of Chapter 2 (Part 2.7 - Circumstances in which there is no criminal responsibility) of the Criminal Code to offences within the Criminal Code.
791. This item repeals and substitutes subsection 49(1) of the Student Assistance Act 1973 ("the Act") Subsection 49(1) creates offences of making false or misleading statements in connection with the matters prescribed by paragraph by subparagraphs (1)(a)(i)-(iv), obtaining payments under the Act or under a current educational assistance scheme that is not payable, obtaining payments under the Act or under a current educational assistance scheme by means of a false or misleading statement or by impersonation or fraud, making or presenting a statement or document that is false or misleading to an officer or employee of the Department, and contravening section 48 without reasonable excuse. All but the last of these offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 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 final offence, namely contravening section 48 of the Act without reasonable excuse, is re-inserted into the Act by virtue of the substituted subsection 49(1).
792. This item amends subsection 49(2) of the Student Assistance Act 1973 by removing reference to subsection 49(1) and substituting references 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. Subsection 49(2) provides that where a person is convicted of an offence against the nominated sections, the court may, in addition to imposing a penalty, order the person to pay to the Commonwealth an amount equal to any amount paid under the Act, or under a current special educational assistance scheme, as a result of the act, failure or omission in respect of which the person was convicted. This item is consequent upon item 380, which repeals subsection 49(1) of the Act.
793. The item effectively amends subsection 163A(2) of the Superannuation Act 1976 (the Act") by removing the reference to subsection 163A(4) and substituting a reference to section 137.2 (False or misleading documents) of the Criminal Code. Subsection 163A(2) provides that a notice under section 163A requiring a person to give information or produce a document shall set out the effects of the provisions nominated by subsection 163A(2). This item is consequential upon item 383, which repeals subsection 163A(4).
794. This item repeals subsection 163A(4) of the Superannuation Act 1976 ("the Act"). Subsection 163A(4) creates an offence where a person who produces a document in pursuance to a notice under subsection 163A(1) of the Act that, to the knowledge of the person, is false or misleading, fails also to give at the same time a signed statement stating that the document is false or misleading and setting out the material which to the person's knowledge is false or misleading. This offence is effectively being replaced by the insertion of provisions into the Criminal Code by virtue of Schedule 1 of this Bill: 137.2 (False or misleading documents).
795. This item repeals and substitutes paragraphs 163A(5)(a) and (b) of the Superannuation Act 1976 ("the Act") by effectively removing the reference to subsection 167(1) and substituting a reference to section 137.2 (False or misleading documents) of the Criminal Code. Paragraphs 163A(5)(a) and (b) provide that self-incrimination is not an excuse not to produce a document or give information under subsection 167(1) of the Act. These paragraphs further provide that the information, document or any thing obtained as a direct or indirect consequence of the information or the production of the document is not admissible in evidence in proceedings against the person except proceedings under subsection 167(1). In place of the omitted reference to subsection 167(1) the item substitutes that the exception also extends to proceedings under the Criminal Code that relate to the Act, for example, in relation to a false statement made under that Act which can be prosecuted under the Criminal Code. This item is consequent upon item 385, which repeals subsection 167(1).
796. This item repeals subsections 167(1), (1A) and (2) of the Superannuation Act 1976 ("the Act"). Subsection 167(1) create offences of making a statement, in connection with, or in support of, an application for a benefit under the Act that to the person's knowledge is false or misleading; obtaining payment of a benefit under the Act that is not payable; obtaining payment of a benefit under the Act by means of a statement that is false or misleading to the person's knowledge; making a false or misleading statement to an officer exercising powers or performing functions in relation to the Act; and presenting a false or misleading document to an officer exercising powers or performing functions in relation to the Act. Subsections 167(1A) and (2) provide a summary offence provision and a relevant definition, and these definitions are repealed as a consequence of the repeal of the offence in subsection 167(1).
797. The offences under subsection 167(1) are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 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).
798. This item amends subsection 167(3) of the Superannuation Act 1976 ("the Act") by omitting the reference to subsection 167(1) of the Act and substituting references 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. Subsection 167(3) provides that where a person is convicted of an offence against the nominated sections, the court may, in addition to imposing a penalty in respect of the offence, order the person to pay to the Commissioner or to the Board an amount equal to any amount paid as a result of the act, failure or omission in respect of which the person was convicted. This item is consequent upon item 385, which repeals subsection 167(1) of the Act.
Superannuation Industry (Supervision) Act 1993
799. This item amends section 299V of the Superannuation Industry (Supervision) Act 1993 ("the Act") by removing the reference to paragraph 302(1)(b) of the Act and substituting a reference to section 137.1 (False or misleading information) of the Criminal Code. Section 299V provides that for the purposes of paragraph 302(1)(b) a person does not omit a matter or thing from a statement made to a SIS officer (within the meaning of section 301 of the Act) merely because the person has, in making the statement, failed to quote his or her tax file number. This item is consequential upon item 388, which repeals section 302.
800. This item repeals section 302 of the Superannuation Industry (Supervision) Act 1993. Subsection 302(1) create offences of makes a statement to an SIS officer that is false or misleading, or omits from a statement made to an SIS officer any matter or thing without which the statement is misleading. Subsection 302(2) provides a relevant defence to the offence provisions of subsection 302(1). The offences under subsection 302(1) are 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). Subsection 302(2) is being repealed as a consequence of the repeal of subsection 302(1).
801. This item repeals section 304 of the Superannuation Industry (Supervision) Act 1993 ("the Act"). Section 304 creates offences of recklessly making a statement to an SIS officer that is false or misleading or omitting from a statement made to an SIS officer any matter or thing without which the statement is misleading in a material particular. These offences are 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).
802. This item repeals section 305 of the Superannuation Industry (Supervision) Act 1993. Section 305 create offences if a person intentionally makes a statement to an SIS officer that is false or misleading or omits from a statement made to an SIS officer any matter or thing without which the statement is misleading in a material particular. These offences are 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).
Sydney Airport Demand Management Act 1997
803. This item amends subsection 62(4) of the Sydney Airport Demand Management Act 1997 ("the Act") by removing references to sections 29A and 29B of the Crimes Act 1914 and substituting references to sections 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty) and 135.2 (Obtaining financial advantage) of the Criminal Code. Subsection 62(4) is a definition section and provides that for the purposes of the nominated sections, the Slot Manager is to be taken to be a public authority under the Commonwealth. This item provides that this will remain the case in relation to the fraud related offences in the Criminal Code. This item is consequent upon item 149, which repeals sections 29A and 29B of the Crimes Act.
804. This item amends subsection 62(4) and provides that the Slot Manager will be a 'Commonwealth entity' for the purposes of the fraud related Criminal Code offences: 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty) and 135.2 (Obtaining financial advantage). The term 'Commonwealth entity' will be defined in the Criminal Code pursuant to clause 25 of this Bill, which inserts the definition in the Criminal Code.
805. This item amends subsection 62(5) by omitting reference to Crimes Act 1914 sections 73 (corruption and bribery of Commonwealth officers) and 75 (personating public officers) and substituting references to the bribery and personation offences in sections 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), 148.1 (Impersonation of an official by a non-official) and 148.2 (Impersonation of an official by another official) of the Criminal Code. Subsection 65(2) provides that for the purposes of the nominated sections, the persons specified in paragraphs 62(5)(a)-(c) are to be taken to be Commonwealth officers. This item is consequent upon item 154, which repeals sections 73 and 75 of the Crimes Act.
806. This item is a further amendment to subsection 62(5) and will provide that the persons specified in paragraphs 62(5)(a)-(c) are to be taken to be Commonwealth public officials for the purposes of the nominated Criminal Code sections. The term "Commonwealth public official will be defined in the Criminal Code pursuant to clause 27 of this Bill, which inserts the definition in the Criminal Code.
Taxation Administration Act 1953
807. This item amends paragraph (c) of the definition of 'tax-related offence' in subsection 3E(11) of the Taxation Administration Act 1953 ("the Act"). The amendment removes references to sections 29D and 86A 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) and 135.2 (Obtaining financial advantage), and 135.4 (Conspiracy to defraud) of the Criminal Code. The effect of amending the definition is that it will provide that the reference in the definition of "tax-related offence" to the defraud and conspiracy provisions in the Crimes Act 1914 is replaced by reference to the Criminal Code fraud related offences. Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 sets out the General Principles of Criminal Responsibility) provides for ancillary offences including conspiracy. This item is consequent upon item 149, which repeals section 29D of the Crimes Act.
808. This item amends subsection 8J(3), paragraph (c) of the meaning of 'relevant offence' in the relevant Subdivision of the Taxation Administration Act 1953. The amendment removes references to sections 29D and 86A 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) and 135.2 (Obtaining financial advantage) and 135.4 (Conspiracy to defraud) of the Criminal Code. The effect of amending the meaning is that it will provide that the reference in the definition of "tax-related offence" to the defraud and conspiracy provisions in the Crimes Act 1914 is replaced by reference to the Criminal Code fraud related offences. Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 sets out the General Principles of Criminal Responsibility) provides for ancillary offences including conspiracy. This item is consequent upon item 149, which repeals section 29D of the Crimes Act.
809. This item repeals section 8X of the Taxation Administration Act 1953 which creates an offence of hindering or obstructing another person in the exercise of the other person's powers, or the performance of the other person's functions, under, or pursuant to or in relation to a taxation law. 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).
810. This item amends paragraph 8Z(1)(d) of the Taxation Administration Act 1953 by removing references to sections 29D and 86A of the Crimes Act 1914 and substituting references to sections 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty) and 135.2 (Obtaining financial advantage) and 135.4 (Conspiracy to defraud) of the Criminal Code. Section 8Z relates to an evidentiary certificate the Commissioner may issue setting out facts the Commissioner considers relevant to, in the case of paragraph 8Z(1)(d), fraud and conspiracy convictions relating to a tax liability. The item replaces the reference to fraud and conspiracy convictions under the Crimes Act 1914 with such convictions under the Criminal Code offences. This item is consequent upon item 149, which repeals section 29D of the Crimes Act.
Telecommunications (Interception) Act 1979
811. This item omits the reference to section 83 of the Proceeds of Crime Act 1987 ("the POC Act") from paragraph 5D(4)(a) of the Telecommunications (Interception) Act 1979 ("the Act"). Paragraph 5D(4)(a) of the Act defines offences against the nominated provisions to be class 2 offences for the purposes of the Act. This item is consequent upon item 327 of this Schedule, which repeals section 83 of the POC Act. Section 83, which creates an organised fraud offence, is replaced by the organised fraud offence in the Criminal Code (135.3).
812. This item is a further amendment to subsection 5D(4) of the Telecommunications (Interception) Act 1979 ("the Act"). Paragraph 5D(4)(a) of the Act defines offences against the nominated provisions to be class 2 offences for the purposes of the Act. The amendment inserts a new paragraph (aa) which refers to section 135.3 (Organised fraud) of the Criminal Code.
Torres Strait Fisheries Act 1984
813. This item inserts a definition of "offence against this Act" in subsection 3(1) of the Torres Strait Fisheries Act 1984 ("the Act") the Act. The definition includes offences against sections 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents), 148.1(Impersonation of an official by a non-official), 148.2 (Impersonation of an official by another official), 147.1 (Causing harm to a Commonwealth public official etc.) and 149.1 (Obstruction of Commonwealth public officials) of the Criminal Code, which are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. The amendment is necessary to ensure that fisheries officers can continue to investigate offences which relate to the Act where the offences have been repealed from the Act and replaced by offences in the Criminal Code.
814. This is a very minor consequential item which adds the word "and" after paragraphs 43(1)(a), (b), (c) and (ca) of the Torres Strait Fisheries Act 1994 ("the Act"). The amendment is necessary because paragraph (e) is the paragraph immediately following paragraph (ca) and is the final paragraph in the subsection as a result of paragraphs (d), (f) and (g) being repealed by items 403 and 404.
815. This item repeals paragraph 43(1)(d) of the Torres Strait Fisheries Act 1994 which creates an offence of stating a false name or place or residence to an officer when lawfully required to state his or her name and place of residence. 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).
816. This item repeals paragraphs 43(1)(f) and (g) of the Torres Strait Fisheries Act 1994 ("the Act") which create offences of assaulting, resisting or obstructing, and impersonating an officer. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 147.1 (Causing harm to a Commonwealth public official etc.) and 149.1 (Obstruction of Commonwealth public officials), 148.1(Impersonation of an official by a non-official), 148.2 (Impersonation of an official by another official).
817. This item repeals subsection 43(2) of the Torres Strait Fisheries Act 1994 ("the Act"). Subsection 43(2) creates offences of giving information when lawfully required to do so, or making a statement or furnishing information in an application under the Act, or making a statement or furnishing information in a record, return, or other document relating to fishing made in the circumstances prescribed by paragraph 43(2)(ba), where that statement or information is false or misleading to the person's knowledge. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
818. This item inserts subsection 53A(4) in the Torres Strait Fisheries Act 1994 ("the Act"). Subsection 53(4) provides that Part 2.5 of the Criminal Code does not apply to an offence against the Act or the regulations. The item also adds a note after subsection 4 explaining that Part 2.5 deals with corporate criminal responsibility. This subsection is included to make it clear section 53A (conduct of directors, servants and agents of bodies corporate) of the Act itself deals with corporate criminal responsibility under the Act.
819. This item amends subsection 55(1) of the Torres Strait Fisheries Act 1994 ("the Act") by removing the reference to subsection 43(2) of the Act. Subsection 55(1) provides that offences against the nominated sections under the Act are indictable offences. This item is consequent upon item 405, which repeals subsection 43(2).
Veterans' Entitlements Act 1986
820. This item repeals subsection 54(7) of the Veterans' Entitlements Act 1986 ("the Act") which creates an offence of giving information that is false or misleading in purported compliance with 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).
821. This item repeals subsection 54A(7) of the Veterans' Entitlements Act 1986 ("the Act") which creates an offence of giving information that is false or misleading in purported compliance with 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).
822. This item repeals subsection 54AA(8) of the Veterans' Entitlements Act 1986 ("the Act") which creates an offence of giving information that is false or misleading in purported compliance with 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).
823. This item repeals subsection 127(5) of the Veterans' Entitlements Act 1986 ("the Act") which creates an offence of giving information that is false or misleading in purported compliance with 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).
Wool Tax (Administration) Act 1964
824. This item repeals section 27A of the Wool Tax (Administration) Act 1964 ("the Act"). Subsection 27A(1) creates offences of forging a certificate or uttering a certificate knowing it to be forged; altering or signing a certificate without lawful authority; delivering a document (not being a certificate) that purports to be a certificate; representing that a certificate relates to wool other than wool in respect of which the certificate was given; and altering a mark or brand on any wool or on any container of wool with intent to evade payment of tax. Subsection 27A(2) defines 'certificate' for the purposes of subsection 27A(1). 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), 145.2 (Possession of forged document), 145.4 (Falsification of documents etc.), 145.5 (Giving information derived from false or misleading documents).
825. This item repeals section 304 of the Workplace Relations Act 1996, which creates an offence of falsely representing oneself to be an inspector. 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), 148.2 (Impersonation of an official by another official).
826. This item repeals section 304A of the Workplace Relations Act 1996, which creates an offence of falsely representing oneself to be an authorised officer. 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), 148.2 (Impersonation of an official by another official).
827. This item repeals and substitutes section 305 of the Workplace Relations Act 1996 ("the Act"). Section 305 creates offences of hindering or obstructing an inspector in the exercise of powers, or the performance of functions, as an inspector; contravening a requirement made by an inspector under subparagraph 86(1)(b)(iv) or subsection 86(2) of the Act without reasonable excuse; and making a statement that is false or misleading to the person's knowledge to an inspector exercising powers or performing functions as an inspector. The substituted section 305 recreates the second offence. The first and third 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 officers), 137.1 (False or misleading information), 137.2 (False or misleading documents).
828. This item repeals and substitutes section 305A of the Workplace Relations Act 1996 ("the Act"). Section 305A creates offences of hindering or obstructing an authorised office; contravening a requirement made by an authorised officer under subparagraph 83BH(4)(d) or subsection 83BH(5) of the Act without reasonable excuse; and making a statement that is false or misleading to the person's knowledge to an authorised officer. The substituted section 305A recreates the second offence. The first and third 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 officers), 137.1 (False or misleading information), 137.2 (False or misleading documents).
829. This item repeals section 306 of the Workplace Relations Act 1996 ("the Act"). Section 306 creates offences of hindering or obstructing a person in the exercise of a power under subsection 134(1) of the Act, and making a statement that to the person's knowledge is false or misleading to a person exercising a power under subsection 134(1) or section 285B or section 285C of 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 officers), 137.1 (False or misleading information), 137.2 (False or misleading documents).
Part 2 - Transitional provisions
Transitional - pre-commencement offences
830. Subitem (1) provides that provisions that are amended or repealed by this Schedule continue to apply to offences committed before the commencement of the item, to proceedings for an offence alleged to have been committed before the item commences and to any matter connected with or arising out of such proceedings.
831. Subitem (2) provides that subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901. Section 8 provides that the repeal in whole or in part of an Act does not affect the previous operation of the particular Act.
Transitional - pre-commencement notices
832. This item relates to a notice given before the commencement of the item under a provision in force immediately before the commencement of the item where the provision required the notice to set out the effect of one or more other provisions. The validity of the notice is not affected by the amendment by this Schedule of the provision which required the notice to set out the effect of the other provisions or by the repeal by this Schedule of all or any of the other provisions.
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