Revised Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Amanda Vanstone)Schedule 2 - amendment of other laws
Part 1 - Amendments
Aboriginal and Torres Strait Islander Commission Act 1989
388. This item repeals subsection 90(4) of the Aboriginal and Torres Strait Islander Commission Act 1989 (ATSIC Act) and substitutes a replacement subsection. Section 90 ATSIC Act deals with secrecy and subsection 90(4) provides that the term offence against this Act includes a reference to offences against specified provisions of the Crimes Act 1914 where those offences relate to the ATSIC Act. The substituted subsection provides that the term refers to certain Crimes Act provisions and to certain Criminal Code provisions which are specified. The Crimes Act sections which are reinserted in substituted paragraph (4)(a) refer to ancillary offences (such as conspiracy) but do not include Crimes Act fraud related offences at sections 29C and 29D. The proposed provision will instead refer to the following Criminal Code fraud related offences: 134.1(Obtaining property by deception), 134.2 ((Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) or 136.1 (False or misleading statements in applications).
389. Item 2 repeals subsection 191(4) and substitutes a replacement subsection (4). Section 191 deals with secrecy and subsection 191(4) provides that an offence against this Act includes a reference to offences against specified provisions of the Crimes Act 1914 where those offences relate to the ATSIC Act or regulations. The Crimes Act provisions which are reinserted in substituted paragraph (4)(a) are the ancillary offence sections of 6, 7, 7A and subsection 86(1) but exclude Crimes Act sections 29C and 29D because these latter sections are themselves being repealed by Schedule 2 of this Bill. Substituted paragraph 4(b) provides that the following Criminal Code fraud related offences:134.1(Obtaining property by deception), 134.2 ((Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and the following Criminal Code offence: 136.1 (False or misleading statements in applications) come within the term offence against this Act .
390. Item 3 repeals subsections 197(2) and (3). Subsection 197(2) created an offence of making a statement that the person knows to be false or misleading in a material particular in an application for a guarantee or a grant or a loan under the ATSIC Act or present a document that the person knows contains information which is false or misleading in a material particular . Subsection 197(3) provided the penalty for conviction of a subsection 197(2) offence. These offences will be replaced by the following Criminal Code offence: 136.1 (False or misleading statements in applications), 137.2 (False or misleading documents).
391. This item amends paragraph 199(9)(b) ATSIC Act. Subsection 199(9) provides that a reference in section 199 ATSIC Act (which deals with the conduct of directors, servants or agents) to an offence against the ATSIC Act includes a reference to certain specified offences where the offence relates to the ATSIC Act, regulations, Regional Council election rules, the TSRA election rules or zone election rules. Paragraph 199(9)(b) ATSIC Act provides that the term offence against the Act, when used in section 199, includes reference to offences against certain specified Crimes Act sections where those offences relate to the ATSIC Act, regulations, Regional Council election rules, the TSRA election rules or zone election rules. The amendment in this item omits the reference to sections 29C (false statements in applications for grants of money) and 29D (fraud offence) Crimes Act 1914 because these sections are themselves repealed and replaced by the following Criminal Code offences: 134.1(Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud), 136.1 (False or misleading statements in applications).
392. Item 4 also amends paragraph 199(9)(b) ATSIC Act by inserting after Crimes Act 1914 a reference to the Criminal Code fraud related offences: 134.1(Obtaining property by deception), 134.2 ((Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) so that the term offence against this Act, when used in section 199, will include offences against the specified Crimes Act and Criminal Code offences where the offences relate to the ATSIC Act or regulations Regional Council election rules, the TSRA election rules or zone election rules.
393. The item inserts subsection (10) at the end of section 199 of the Act. Subsection 10 provides that Part 2.5 of the Criminal Code does not apply to an offence against the Act. The item also adds a note after subsection (10) explaining that Part 2.5 deals with corporate criminal responsibility. This subsection is included to make it clear section 199 (conduct of directors, servants and agents) of the Act itself deals with corporate criminal responsibility.
Aboriginal Councils and Associations Act 1976
394. Item 7 repeals subsection 39(6) Aboriginal Councils and Associations Act 1976 (ACA Act). Subsection 39(6) created an offence where a person, in answer to a requirement under subsection 39(4) ACA Act (namely a requirement from a person who has been duly authorised by the Registrar to examine the documents of an Aboriginal Council) to answer questions and produce documents, makes a statement knowing it to be false or misleading in a material particular. This offence is replaced by the following Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
395. Item 8 repeals subsection 60(6) ACA Act which created an offence where a person makes a statement in answer to a requirement under subsection (4) knowing the statement to be false or misleading in a material particular. A subsection (4) requirement is where a person, who has been duly authorised by the Registrar to examine documents of an Incorporated Aboriginal Association, requires a person to answer questions and produce documents. Subsection 60(6) will be replaced by the following Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
396. This item amends subsection 60(7). The subsection provides that a person is not excused, on the grounds of self-incrimination, from answering a question or producing a document which the person is required to answer or produce by a duly authorised person.
397. However the subsection also provides that answers given by a person or documents produced or anything obtained as a direct or indirect result of the answer or production is not admissible in evidence against the person in any proceedings except proceedings for an offence against the section. Item 9 amends subsection 60(7) by providing that the exception now extends to proceedings under the Criminal Code false or misleading information or documents offence provisions that relates to this section. This is necessary because the former offence at subsection 60(6) has been repealed by item 8 and replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
398. This item amends subsection 68(3). This subsection is similar to subsection 60(7) in that it provides that a person is not excused, on the grounds of self-incrimination, from answering a question or producing a document which the person is required to answer or produce by a duly authorised person.
399. However the subsection also provided that answers given by the person or documents produced or anything obtained as a direct or indirect result of the answer or production is not admissible in evidence against the person in any proceedings except proceedings for an offence against the subsection 69(2). Subsection 69(2) created an offence where a person appearing before the Registrar when required to do so under subsection 68(2) makes a false or misleading statement.
400. This item repeals the reference in subsection 68(3) to subsection 69(2) because item 11 repeals subsection 69(2). As a result this item provides that the exception extends to the Criminal Code false or misleading information offence (137.1) that relates to section 68.
401. As stated in the previous paragraph item 11 repeals subsection 69(2) which created an offence of making a statement that the person knows to be false or misleading in a material particular when appearing before the Registrar for examination under subsection 68(2). The offence is replaced by the Criminal Code offence: 137.1 (False or misleading information).
Aboriginal Land Rights (Northern Territory) Act 1976
402. Item 12 repeals subsection 23A(3). That subsection had created an offence of knowingly furnishing information that is false or misleading in response to a notice served on the person by an authorised person requiring the person to furnish information or produce documents relating to the matters specified in subsection (2). The offence is replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
403. Item 13 repeals subsection 23C(3) which created an offence of obstructing or hindering an authorised person in exercise of powers under this section to obtain access to the buildings and places specified in subsection (2). The offence is replaced by the Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
404. Item 14, which is consequential on the repeal of section 54B by item 16, omits the words or section 54B from subsection 54(3). Subsection 54(3) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 54 of the Act. The section also provides that the answer to a question is not admissible in evidence in proceedings against the person except proceedings under paragraph 6(c) or section 54B of the Act. In place of the omitted reference to section 54B the item substitutes that the exception also extends to proceedings under the Criminal Code false or misleading information offences (137.1, 137.2) that relate to this Act. The substituted reference is made because the repealed section 54B was a false or misleading information offence which is replaced by the Criminal Code offence: 137.1 (False or misleading information), 137.2 (False or misleading documents).
405. This item amends subsection 54A(3). The subsection provides that a person is not excused, on the grounds of self-incrimination, from answering a question put to the person under subsection (2) by a Commissioner who is conducting an inquiry under the Act. However the subsection also provides that the answer given by a person is not admissible in evidence against the person in any proceedings except proceedings for an offence against the section or against section 54B. Item 16 repeals section 54B and therefore the substituted wording inserted in subsection 54A(3) is consequential upon item 16. The substituted wording provides that the exception extends to proceedings under the Criminal Code offences: (137.1 (False or misleading information), 137.2 (False or misleading documents).
406. As stated in the previous paragraph item 16 repeals section 54B. Section 54B created offences of making a statement to a Commissioner, who is conducting a section 54 or 54A examination, that the person knows to be false or misleading in a material particular (paragraph (a)) or producing a document to a Commissioner who is conducting an inquiry under the Act where the person knows the document is false or misleading in a material particular (paragraph (b)). The 2 offences in section 54B are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
407. Section 93-3 of the Act, which created false or misleading information and documents offences in relation to affairs of an approved provider that is a corporation or in relation to the payment of a subsidy, is repealed by item 17. They are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
408. Section 96-8 of the Act, which created an offence of giving to the Secretary false or misleading information for the purpose of determining a persons income, is repealed by item 18. It is replaced by the general offence in the Criminal Code of giving false or misleading information (137.1).
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
409. This item repeals the reference in section 18(2) to sections 71, 72, 73, 74, 75 and 76 Crimes Act 1914 . The item is consequential on item 154 in Schedule 2 which repeals these sections in the Crimes Act 1914 . The repealed sections are replaced by Criminal Code offences: 131.1 (Theft), 145.4 (Falsification of documents etc.), 141.1 (Bribery of a Commonwealth public official), 145.4 (Falsification of documents etc.), 148.1 (Impersonation of an official by a non-official), 149.1 (Obstruction of Commonwealth public officials).
410. Item 20 repeals section 35 which created offences of giving false or misleading information or producing false or misleading documents. The offences are replaced by the offences inserted into the Criminal Code : 137.1 (False or misleading information), 137.2 (False or misleading documents).
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
411. Item 21 repeals section 37 which created offences of giving false or misleading information or producing false or misleading documents. The offences are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
Agricultural and Veterinary Chemicals (Administration) Act 1924
412. Item 22 repeals the reference in subsection 69F(3) to sections 71, 72, 73, 74, 75 and 76 Crimes Act 1914 . The item is consequential on item 154 in Schedule 2 which repeals these sections in the Crimes Act 1914. The repealed sections are replaced by Criminal Code offences: 131.1 (Theft), 145.4 (Falsification of documents etc.), 141.1 (Bribery of a Commonwealth public official), 145.4 (Falsification of documents etc.), 148.1 (Impersonation of an official by a non-official), 149.1 (Obstruction of Commonwealth public officials).
Air Navigation Regulations 1947
413. The item repeals regulation 124 which created an offence of obstructing or impeding a person from exercising a power or performing a duty under the Act or Regulations. It is replaced by the Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
414. The item substitutes a new heading Incorrect records which more accurately describes the remaining contents of Part 17. The Part originally consisted of 6 sections (sections 226 to 231 inclusive) 5 of which created offences; 2 of which are repealed by this Bill and the remaining offences can be categorised as incorrect records offences.
415. The item is a minor consequential amendment following from the new Part 17 heading inserted by item 24. The item amends section 226, which provides a simplified outline of the Part, so that the outline provides that it is an offence to keep an incorrect record in connection with the operation of the Act. The section no longer provides that it is also an offence under the Part to make a false statement.
416. This item repeals section 227 which created a general offence of making false or misleading statements. The offence is replaced by the false or misleading statements in applications (136.1) and false or misleading information offences (137.1, 137.2) in the Criminal Code .
417. This item repeals section 229 which created a more specific offence of giving false or misleading information to airport-operator companies in purported compliance with requirements under the Act. The offence is covered by the Criminal Code offence of giving false or misleading information (137.1).
Antarctic Treaty (Environment Protection) Act 1980
418. This item repeals section 22. Section 22 creates an offence where a person falsely represents that he is an inspector. The offence is replaced by the Criminal Code offence: 148.1 (Impersonation of an official by a non-official)
419. The item repeals section 23 which creates an offence of assaulting or threatening an inspector acting in the performance of his duties. The offence is replaced by the Criminal Code offence: 147.1 (Causing harm to Commonwealth public official etc.), 147.2 (Threatening to cause harm to a Commonwealth public official etc.).
420. This item inserts a note at the foot of subsection 33(3) of the Act stating that section 149.1 of the Criminal Code deals with obstruction of Commonwealth public officials. The subsection requires the occupier of premises which an authorised official enters or proposes to enter to provide all reasonable facilities to the official for the effective exercise of powers under the section.
421. This item repeals section 34 of the Act. Section 34 creates an offence of making a statement to an audit official that the person knows is false or misleading in a material particular. The section also requires the person to identify the relevant particular in a document wherethe person gives a document to an audit official knowing that the document is false or misleading in a material particular. The offence is replaced by the Criminal Code false or misleading information offence (137.1) and false or misleading documents offence (137.2).
422. Item 32, which is consequential on the repeal of section 34 by item 31, omits the words or 34 from section 35. Section 35 provides that self-incrimination is not an excuse not to produce a document or answer a question under section 32 of the Act. The section also provides that the answer or document, or anything directly or indirectly obtained therefrom, is not admissible in evidence in proceedings against the person except proceedings under sections 32 or 34 of the Act. In place of the omitted reference to section 34 the item substitutes that the exception also extends to proceedings under the false or misleading information or document offences in the Criminal Code (137.1, 137.2).
Australian Citizenship Act 1948
423. This item makes some consequential amendments to paragraph 21(1A)(a) of the Act as a result of the repeal of sections 29A (false pretences), 29B (false representation) and 29C (statements in applications for grant of money etc) of the Crimes Act by item 149. Section 21 provides that a person is taken to have obtained a certificate of Australian citizenship as a result of migration-related fraud if the person was convicted of certain offences under the Migration Act or the repealed sections of the Crimes Act and the offence was connected with the persons entry into Australia or the grant of a visa or permission to enter. The item substitutes a reference to the Criminal Code fraud related offences: 134.1(Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications).
Australian Federal Police Act 1979
424. This item amends part of the definition of class 2 general offence in paragraph 12B(a)(i) and (ii). Those paragraphs, prior to item 34 coming into force, provide that a general offence is an offence of any of the kinds mentioned in specified sections of the Crimes Act 1914 and in the Secret Commissions Act 1905 . All but 2 of the sections specified in subparagraph (a)(i) are repealed from the Crimes Act by items 151, 154 and 161 in this Schedule and the Secret Commissions Act 1905 (referred to in subparagraph (a)(ii)) is totally repealed by item 365 of the Schedule. The Crimes Act 1914 offences which are listed in subparagraph (a)(i) are at sections 32, 33, 34, 37, 42, 43, 44, 72, 73, 73A, 74 and 88 Crimes Act ; with the exception of sections 34, 37, 42, 43 and 44 Crimes Act they are repealed by items 151, 154 and 161. The item inserts 2 replacement paragraphs (a)(i) and (ii); the new (a)(i) inserts reference to the Criminal Code false or misleading documents offence (137.2), bribery related offences (141.1, 142.1, 142.2) and falsification of documents offences (145.4, 145.5). The remainder of the Crimes Act sections which were referred to in the original subparagraph (a)(i) and which are not repealed by Schedule 2, namely sections 34, 37, 42, 43 and 44 Crimes Act 1914, are referred to in substituted subparagraph (a)(ii).
425. Item 35 repeals section 62 (misrepresentation by applicant). This offence is replaced by the Criminal Code offence: 137.1 (False or misleading information).
426. The item repeals paragraph 63(a) which creates an offence of a person who is not a member of the Australian Federal Police personating or passing himself or herself off as a member. This offence is replaced by the Criminal Code offence: 148.1 (Impersonation of an official by a non-official), 148.2 (Impersonation of an official by another official).
427. The item repeals subsection 64(1) which created an offence of assaulting, resisting, obstructing or hindering, or aiding, inciting or assisting another person to assault, resist, obstruct or hinder a member in the execution of his or her duty. The principal offences are replaced by the Criminal Code offences: (147.1 Causing harm to Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials). The ancillary offences of aid, incite, assist another person to carry out the principal offence apply to the Criminal Code offences under Part 2.4 of Chapter 2 of the Criminal Code (Chapter contains the General Principles of Criminal Responsibility).
428. This item is consequential upon the repeal of subsection 64(1) by item 37. The item omits the reference to subsection (1) and the penalty that may be imposed under that subsection. It substitutes a reference to the Criminal Code offences which replace the repealed subsection (1): 147.1 (Causing harm to a Commonwealth public official), 149.1 (Obstruction of Commonwealth public officials).
429. The item repeals subsection 64(3) which provided that subsection (1) is not intended to exclude or limit the concurrent operation of any law of the Australian Capital Territory. This subsection is no longer necessary because the offences in the Criminal Code which replace the offence in subsection (1) : 147.1 (Causing harm to a Commonwealth public official), 149.1 (Obstruction of Commonwealth public officials).are offences against the laws of the Commonwealth only (per section 1.1 of Chapter 1 of the Criminal Code . Section 1.1 states The only offences against laws of the Commonwealth are those offences created by, or under the authority of, this Code or any other Act.).
Australian Film Commission Act 1975
430. The item repeals section 42 of the Act which created an offence of knowingly supplying to the Commission or an authorised person, in response to a requirement to do so, information that is false or misleading in a material particular. The offence is replaced by the Criminal Code offence: 137.1 (False or misleading information).
Australian Horticultural Corporation (Export Control) Regulations
431. Item 41 of Schedule 2 of this Bill repeals item 4 of Schedule 2 of the Regulations. Item 4 lists certain prescribed offences for the purpose of the Regulations and refers to offences against 29A (False pretences), 29B (False representation), 29C (Statements in applications for grant of money etc.) or 29D (Fraud) Crimes Act 1914 . These Crimes Act sections are repealed by item 149 of Schedule 2 of this Bill. Item 4 of Schedule 2 of the Regulations is therefore repealed and the substituted item refers to the replacement offences in the Criminal Code :134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 144.1 (Forgery), 145.2 (Possession of forged document), 145.3 (Possession, making or adaptation of devices etc. for making forgeries), 145.4 (Falsification of documents etc.), 145.5 (Giving information derived from false or misleading documents).
Australian Horticultural Corporation (Honey Export Control) Regulations
432. Item 42 of Schedule 2 of this Bill repeals item 4 of Schedule 2 of the Regulations. Item 4 lists certain prescribed offences for the purpose of the Regulations and refers to offences against 29A (false pretences), 29B (false representation), 29C (statements in applications for grant of money etc.) or 29D (fraud) or Part V (forgery) of the Crimes Act 1914 . The individual Crimes Act sections are repealed by item 149 of Schedule 2 of this Bill and Part V Crimes Act is repealed by item 153. Item 4 of Schedule 2 of the Regulations is therefore repealed and the substituted item refers to the replacement offences in the Criminal Code : 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 144.1 (Forgery), 145.2 (Possession of forged document), 145.3 (Possession, making or adaptation of devices etc. for making forgeries), 145.4 (Falsification of documents etc.), 145.5 (Giving information derived from false or misleading documents).
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
433. Item 43 repeals section 46 of the Act which creates offences of making a statement in connection with, or with an application for, a grant or loan from the Institute which the person knows to be false or misleading in a material particular or of presenting a document that, to the persons knowledge, contains information that is false or misleading in a material particular. These offences are replaced by the Criminal Code offence: 136.1 (False or misleading statements in applications).
434. The item amends paragraph 47(9)(b). Paragraph 47(9)(b) provides that a reference to an offence against the Act includes specific Crimes Act offences (including the ancillary offence provisions, 29C (Statements in applications for grant of money), 29D (Fraud), 86 Conspiracy ). The item omits from paragraph 47(9)(b) the references to sections 29C and 29D Crimes Act 1914 because these sections are repealed by item 149 of Schedule 2. The offences in those sections are replaced by Criminal Code offences: 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud), 136.1 (False or misleading statements in applications).
435. This item is consequential on item 44 and adds in to paragraph 47(9)(b) reference to the Criminal Code offences replacing the repealed sections 29C and 29D Crimes Act 1914 : : 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud), 136.1 (False or misleading statements in applications).
436. The item inserts subsection 10 at the end of section 47 of the Act. Subsection 10 provides that Part 2.5 of the Criminal Code does not apply to an offence against the Act. The item also adds a note after subsection 10 explaining that Part 2.5 deals with corporate criminal responsibility. This subsection is included to make it clear section 47 (conduct of directors, servants and agents) of the Act itself deals with corporate criminal responsibility.
Australian Protective Service Act 1987
437. This item repeals the reference to section 30 Crimes Act 1914 (seizing goods in Commonwealth custody) from subparagraph 13(2)(a)(i) of the Act because section 30 Crimes Act is itself repealed by item 149. Section 13 of the Act provides certain powers of arrest for protective service officers. Section 30 is replaced by an offence in the Criminal Code : 132.8 (Dishonest taking or retention of property).
438. This item repeals the references to sections 71, 73, 75, 76 Crimes Act 1914 (these are offences in Part VI Crimes Act - Offences by and against Public Officers) from the subparagraph 13(2)(a)(i) because these sections are repealed by item 154 of Schedule 2 of the Bill. The offences in those sections are replaced by Criminal Code offences: 131.1 (Theft), 141.1 (Bribery of a Commonwealth public official), 142.1 (Corrupting benefits given to, or received by, a Commonwealth public official), 147.1 (Causing harm to a Commonwealth public official etc.), 148.1 (Impersonation of an official by a non-official), 149.1 (Obstruction of Commonwealth public officials).
439. This item inserts a new paragraph 13(2)(c) which, in effect, provides that powers of arrest under the Act extend to the specified Criminal Code offences of theft (131.1), bribery (141.1), corruption (142.1), causing harm to Commonwealth public official (147.1), impersonation (148.1) and obstruction (149.1).
Australian Security Intelligence Organisation Act 1979
440. The item repeals section 33 which created an offence of obstructing or hindering a person acting in pursuance of a warrant under the Act. The offence is replaced by the Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
Australian Trade Commission Act 1985
441. The item repeals the subsection 95(2) which created an offence of making, in connection with an application or proposal for a contract of insurance etc a statement that the person knows is false or misleading in a material particular or presenting a document the person knows contain false or misleading information. These offences are replaced by the Criminal Code offences: 137.1 (False or misleading information), 137.2 (False or misleading documents)
442. The item omits reference to section 263B Bankruptcy Act from subsection 84(5). The item is consequential on item 55 which repeals section 263B (false proof of debts) and replaces with the Criminal Code offence: 137.1 (False or misleading information). Section 84 deals with the manner of proving debts and subsection 84(5) provides when a proof of debt shall be deemed not to have been lodged with the trustee.
443. The item omits reference to section 263B Bankruptcy Act from subsection 85(2C). The item is consequential on item 55 which repeals section 263B (false proof of debts) and replaces with the Criminal Code offence: 137.1 (False or misleading information), 137.2 (False or misleading documents). Subsection 85(2C) deals with when a proof of debt shall be deemed not to have been lodged with the trustee.
444. The item repeals subsection 263(2) which created an offence of disposing, receiving etc property of a bankrupt, property of a deceased estate or property under a deed of assignment knowing that it has been seized (offence at paragraph (2)(a)) or of obstructing or endeavouring to obstruct a person in the discharge of the persons duty with the intent to defeat the seizure of the property (offence at paragraph (2)(b)). The offence at paragraph (2)(b) is replaced by the obstruct hinder offence in the Criminal Code : 149.1 (Obstruction of Commonwealth public officials). The item inserts a substituted subsection (2) which reinserts the original offence at paragraph (2)(a).
445. The item repeals section 263B which created the offence of false proof of debts. The offence is replaced by a Criminal Code offence: 137.1 (False or misleading information), 137.2 (False or misleading documents).
446. Item 48 repeals section 264 which creates an offence of forgery of process and is replaced by the Criminal Code forgery related offences: 144.1 (Forgery), 145.1 (Using forged document).
447. The item repeals section 267A which created an offence where a bankrupt gives a statement to the trustee under section 139U of the Act which is false or misleading in a material particular. The offence is replaced by the general offence in the Criminal Code : 137.1 (False or misleading information).
448. The item repeals section 267C which creates an offence of giving false or misleading information to the trustee under section 139U or producing books that are false or misleading in response to a requirement under subsection 6A(3), paragraph 77C(1)(a) or section 139V. The offences are replaced by the general Criminal Code false or misleading information/document offences: 137.1 (False or misleading information), 137.2 (False or misleading documents).
449. The item repeals section 268A which created an offence of submitting a declaration to a meeting of creditors when the person knows the declaration is false or misleading in a material particular or that a material matter has been omitted from the declaration. The offence is replaced by the Criminal Code false or misleading information offence:137.1 (False or misleading information), 137.2 (False or misleading documents).
Bounty and Capitalisation Grants (Textile Yarns) Act 1981
450. Section 16 provides that a Collector or authorised officer may require a person to answer questions and produce documents. Item 60 omits the reference in subsection (1A) to subsection (1B) and is consequential on item 61 which repeals subsection 16(1B). The item also substitutes a reference to the Criminal Code false or misleading documents offence (137.2) which is the replacement offence for the offence at the repealed subsection 16(1B).
451. This item repeals subsection 16(1B) which created an offence of producing a book or document (in response to a requirement to do so) which contains false or misleading information. The offence is replaced by the Criminal Code false or misleading documents offence: 137.2 (False or misleading documents).
452. Item 62, which is consequential on the repeal of subsections 18(3) and (4) by item 63, omits the words or 18(3) or (4) from subsection 16(3). Subsection 16(3) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 16 of the Act. The section also provides that the answer or document is not admissible in evidence in proceedings against the person except proceedings under paragraph 18(1)(c) or subsections 18(3) or (4) of the Act. In place of the omitted reference to subsections 18(3) or (4) the item substitutes that the exception also extends to Criminal Code false or misleading statements in applications (136.1), false or misleading information (137.1) or document (137.2) proceedings that relate to this Act.
453. The item repeals subsections 18(2) [knowingly obtaining, or attempting to obtain, a bounty which is not payable], 18(3) [making a false or misleading statement or producing a false or misleading document], 18(4), 18(5) and 18(6) [ these 3 subsections deal with corporate criminal responsibility]. The offences at subsections (2) and (3) are replaced by the Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). The corporate criminal responsibility provisions in the remaining subsections are replaced by Part 2.5 in Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
454. The item repeals subsection 18(7) and substitutes a replacement subsection (7). The replacement subsection (7) is consequential upon repeal of subsection 18(2) by item 63. The replacement paragraph (7)(a) provides that, in respect of the same claim for bounty, a person shall not be convicted both of an offence against section 135.2 Criminal Code (Obtaining financial advantage) - in place of the repealed subsection 18(2) (obtaining a bounty which is not payable) and an offence against or arising out of subsection 10B(1) (which is unchanged from original). The replacement paragraph 7(b) provides that, in respect of the same claim for bounty, a person shall not be convicted both of an offence against section 135.2 Criminal Code (Obtaining financial advantage) (in place of the repealed subsection 18(2) - obtaining a bounty which is not payable) and an offence against the Criminal Code false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
455. Section 18B deals with recovery of a bounty on conviction of an offence. Subsection 18(1) provides that this applies where a person is convicted of offences against subsection 10B(1) or 18(2) or (3). The amendment of subsection 18B(1) by this item is consequential on the repeal by item 63 of subsections 18(2) and (3). The item omits the reference to repealed subsections 18(2) or (3). The offences are replaced by the Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
456. This item omits the words under this subsection in subsection 18B(1). This item is consequential upon item 65 which inserts reference to conviction of certain Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). As a result the penalties which are being referred to in the subsection in addition to which the court may make an order to pay the Commonwealth are no longer limited to penalties under subsections; they include penalties under specified Criminal Code sections. Accordingly the words under this subsection are now inaccurate and so are omitted.
457. The item repeals section 21K. Subsection 21K(1) created offences of making false or misleading statements in an application or giving a person a book or document that is false or misleading in a material particular. These offences are replaced by the Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). Subsections (2), (3) and (4), which deal with corporate criminal responsibility, are also repealed by this item. Part 2.5 of the Chapter 2 of the Criminal Code deals with corporate criminal responsibility and will apply to the Act (Chapter 2 deals with the General Principles of Criminal Responsibility).
458. This item omits the reference in subsection 21L(1) to subsection 21K(1). This item is consequential upon item 67 which repeals section 21K. Accordingly this item substitutes reference to the Criminal Code offences replacing the subsection 21K(1) offences, namely the false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
459. This item is consequential upon item 67 which repealed section 221K which section was referred to in subsection 21L(1) and omits the words under that subsection from the latter subsection. Now that 21K is to be repealed and there are several replacement Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents), the term is no longer appropriate.
Bounty (Bed Sheeting) Act 1977
460. This item omits the reference in subsection 16(3) to paragraph 18(2)(c). It is consequential upon item 72 which repeals the whole of subsection 18(3). The substituted words refer to the replacement false or misleading statement Criminal Code offence: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
461. The item repeals subsection 18(2) which contains offences at paragraphs 18(2)(a) of obtaining a bounty which is not payable, at 18(2)(b) of obtaining (or attempting to obtain) a bounty by means of a false or misleading statement or false or misleading document, and at 18(2)(c) of making a false or misleading statement to an officer. The offences are replaced by the Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
462. This item is also consequential on item 63 and omits the reference in subsection 18(3) to subsection (2) and substitutes the replacement Criminal Code offence provisions, namely the obtain financial advantage and false or misleading statements/information/documents offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
463. This item repeals the words under that subsection which are a reference to the earlier reference in the subsection to subsection (2) which has itself been repealed by item 71.
464. The item is consequential on repeal, by item 75, of subsection 25(3). That subsection created an offence of producing a false or misleading document and is replaced by the Criminal Code offence: 137.2 (False or misleading documents). Accordingly the reference in subsection 25(2) to subsection 25(3) is omitted and reference inserted to the Criminal Code offence: (137.2).
465. This item repeals subsection 25(3) which is an offence of producing a false or misleading document and which is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
466. The item is consequential on the repeal of subsections 25(3) and paragraph 27(3)(a) by items 75 and 77 respectively, omits the words referring to proceedings under these 2 provisions. Subsection 25(3) provides that self-incrimination is not an excuse not to produce a document or answer a question when required to do so under the Act. The section also provides that the answer or document is not admissible in evidence in proceedings against the person except proceedings under subsection 25(3) and paragraph 27(3)(a) of the Act. In place of the omitted reference to subsection 25(3) and paragraph 27(3)(a) the item substitutes that the exception (to non-admissibility in evidence) relates to proceedings under the replacement Criminal Code false or misleading statement/information/document offences (136.1, 137.1, 137.2) that relate to this Act.
467. The item repeals subsections 27(2), (3), (4), (5) and (6). Subsections (2) and (3) contain offences and subsections (4), (5) and (6) provide for corporate criminal responsibility. Subsection (2) creates an offence of obtaining a bounty that is not payable and subsection (3) creates offences of making a false or misleading statement or producing a false or misleading document; these offences are replaced by the Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). The corporate criminal responsibility provisions are replaced by Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 is the General Principles of Criminal Responsibility).
468. The item repeals subsection 27(7) and substitutes a replacement subsection. The subsection provides that a person must not be convicted of both of the 2 types of offences which are specified in paragraphs 27(7)(a) and (b) in respect of the same claim for bounty. The substituted paragraphs are consequential upon the repeal by item 77 of subsections (2) and (3). Substituted paragraph (7)(a) replaces the prohibited combination of convictions under subsection (2) and subsection 16(1) with the combination of convictions under the Criminal Code obtain financial advantage offence (135.2) (which is the replacement for subsection (2) offence) and subsection 16(1). Substituted paragraph (7)(b) replaces the prohibited combination of convictions under both subsections (2) and (3) with the combination of offences under the Criminal Code obtain financial advantage offence (135.2) and the Criminal Code false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
469. This item repeals subsections 27(9), (10) and (11). Because these subsections deal with offences against subsection (2) they must be repealed as a consequence of the repeal of subsection (2) by item 77; subsection (9) provides that a subsection (2) offence is an indictable offence, subsection (10) provides that a court of summary jurisdiction may hear subsection (2) proceedings and subsection (11) provides penalties where a court of summary jurisdiction convicts a person of a subsection (2) offence.
470. This item omits the reference in subsection 29(1) to subsections 27(2) or (3) which are themselves repealed by item 77. Subsection 29(1) provides that where a person is convicted of a subsection 16(1) offence or a subsection 27(2) or (3) offence the court may in addition to imposing a penalty under the subsection order the person to refund the bounty wrongfully obtained. The substituted paragraph inserts, in place of subsection 27(2) and (3), reference to the Criminal Code obtain financial advantage offence (135.2) and the Criminal Code false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
471. Item 81 is a further consequential amendment of subsection 29(1) and omits the words under that subsection which is a reference back to the repealed subsection 27(2) or (3).
472. This item, which omits the reference in subsection 21(2) to subsection (3), is consequential upon item 83 which repeals subsection 21(3). Subsection 21(2) requires a notice to a person requiring the production of a document to set out the effect of subsection 21(3). Item 82 inserts substituted wording referring to the Criminal Code offence: 137.2 (False or misleading documents) which replaces the subsection 21(3) offence.
473. The item repeals subsection 21(3). Subsection 21(3) requires a person who produces a document, in response to a notice under subsection 21(1), that is false or misleading in a material particular to specify the material particular which is false or misleading to the persons knowledge. That subsection is replaced with the Criminal Code offence: 137.2 (False or misleading documents).
474. Item 84, which is consequential on the repeal of subsection 21(3) [by item 83] and paragraph 23(3)(a) [by item 85] omits the words proceedings under, or arising out of or by virtue of, subsection 21(3) or paragraph 23(3)(a) from subsection 21(5). Subsection 21(5) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 21 of the Act. The section also provides that the answer or document (or any information or thing obtained therefrom) is not admissible in evidence in criminal proceedings against the person except proceedings under the previously mentioned provisions omitted by this item. In place of the omitted subsections the item substitutes that the exception also extends to Criminal Code false or misleading statement/information/documents proceedings that relate to this Act: (136.1, 137.1, 137.2).
475. This item repeals subsections 23(2), (3), (4), (5) and (6). The offences at subsections 23(2) and(3) are replaced by Criminal Code offences as follows; subsection (2) - obtain (or attempt to obtain) a bounty that is not payable: 135.2 (Obtain financial advantage), paragraph (3)(a) - make false or misleading statements: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information)- and paragraph 3(b) - present a false or misleading document: 137.2 (False or misleading documents). Subsections (4), (5) and (6) deal with corporate criminal responsibility and are replaced by Part 2.5 of Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
476. The item is consequential upon item 77 repealing subsections (2) and (3) and provides that a person must not be convicted, in relation to the same claim for bounty, both of offences against subsection (2) - substituted paragraph (a) in the item changes this to the Criminal Code offence: 135.2(Obtain financial advantage) - and also against subsection 12(1). Paragraph (b) prohibits conviction of both the offence against the Criminal Code offence (135.2) substituted for the subsection (2) offence and conviction against the Criminal Code false or misleading statements/information/documents offences: (136.1, 137.1, 137.2).
477. This item is consequential on repeal of subsections 23(2) and (3) and omits the reference in subsection 25(1) to subsections 23(2) or (3) which are themselves repealed by item 85. Subsection 25(1) provides that where a person is convicted of a subsection 12(1) offence or a subsection 23(2) or (3) offence the court may in addition to imposing a penalty under the subsection order the person to refund the bounty wrongfully obtained. The substituted paragraph inserts, in place of subsection 23(2) and (3), reference to the Criminal Code offences: obtaining financial advantage (135.2), making a false or misleading statement in an application (136.1), giving false or misleading information (137.1) and producing a false or misleading document (137.2).
478. This item further amends subsection 25(1) by omitting the words under that subsection which appear later in 25(1) and which are a reference back to conviction under subsection 12(1) or 23(2) or (3). This amendment is consequential on item 85 which repeals subsections (2) and (3). No replacement wording is necessary.
479. Item 89 repeals subsection 16(7) which created an offence for a manufacturer to furnish information that the manufacturer knows to be false or misleading. It is replaced by the Criminal Code offence: 137.1 (False or misleading information).
480. Section 25 provides that a Collector or authorised officer may require a person to answer questions and produce documents. Item 90 amends subsection 25(2), which originally provided that a notice requiring a person to produce a document must set out the effect of subsection (3), by omitting the reference to subsection (3) and substituting a reference to section the Criminal Code false or misleading documents offence (137.2) (which is the offence to subsection (3)). The item is consequential on item 91 which repeals subsection 25(3).
481. The item repeals subsection 25(3) which created an offence of producing a book that is false or misleading in a material particular. It is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
482. Item 92, which is consequential on the repeal of subsection 25(3) by item 91 and the repeal of paragraph 27(3)(a) by item 93, omits the words proceedings under, or arising out of or by virtue of, subsection (3) or paragraph 27(3)(a). Subsection 25(5) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 25 of the Act. The section also provides that the answer or document is not admissible in evidence in proceedings against the person except proceedings under, subsection (3) or paragraph 27(3)(a). In place of the omitted references to these provisions the item substitutes that the exception also extends to proceedings under the Criminal Code offences of making false or misleading statements in applications (136.1), giving false or misleading information (137.1) and producing false or misleading documents (137.2) where the proceedings relate to this Act.
483. The item repeals subsections 27(2) and (3). Subsection 27(2) created an offence of obtaining, or attempting to obtain, a bounty not payable. Subsection 27(3) created an offence of making a false or misleading statement (paragraph (a)), or presenting a false or misleading document (paragraph (b)). The offences are replaced by the Criminal Code offences: 135.2 (Obtain financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
484. Item 94 amends subsection 27(4) by omitting the reference to subsection (2) (repealed by item 85) and substituting the reference for the Criminal Code offence of obtaining a bounty that is not payable: 135.2 (Obtain financial advantage).
485. The item amends subsection 29(1). The subsection provides that where a person is convicted of an offence against subsection 15(1) or 27(2) or (3) the court may, in addition to imposing a penalty under the subsection order the person to refund the amount of the bounty. The item omits the reference to subsections (2) and (3) and the substituted words provide that where the person is convicted of a subsection 15(1) offence or of the Criminal Code offences of obtaining bounty not payable (135.2) or of the false or misleading statement/information/document offences (136.1, 137.1, 137.2) the court may make the refund order.
486. This item further amends subsection 29(1) by omitting the words under the subsection because the alternative offence provisions, conviction under one of which, enables the court to make the refund order are not all subsections. This amendment is consequential on item 93 repealing subsections 27(2) and (3).
Bounty (Fuel Ethanol) Act 1994
487. Item 97 amends subsection 50(3). Subsection 50(2) provides that an authorised officer may, by written notice, require a person to give information, produce books or attend at a specified place to answer questions. Subsection (3) provides that the notice must set out the effect of section 51. Section 51 creates an offence of producing documents which are false or misleading in a material particular. Item 97 omits the reference to section 51 because that section is repealed by item 98. The item substitutes a reference to the Criminal Code false or misleading documents offence (137.2).
488. Item 98 repeals section 51 which had created an offence of producing documents, in response to a section 50 notice, which the person knows is false or misleading in a material particular. It is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
489. Item 99, which is consequential on the repeal of section 51 and the repeal of paragraph 55(3)(a), omits the words proceedings under, or arising out of or because of, section 51 or paragraph 55(3)(a). Subsection 52(2) provides that the answer or document (or information or thing obtained therefrom) is not admissible in evidence in criminal proceedings against the person except proceedings under, section 51 or paragraph 55(3)(a). In place of the omitted references to these provisions the item substitutes that the exception also extends to Criminal Code false or misleading statements/information/documents (136.1, 137.1, 137.2) proceedings that relate to this Act.
490. The item repeals subsections 55(2), (3) and (4) and inserts a replacement subsection (4). Subsection 55(2) creates an offence of obtaining a bounty not payable. Subsection 55(3) creates an offence of making false or misleading statements or presenting false or misleading documents. The item does not reinsert any provision in relation to these 2 subsections. These offences are replaced by the Criminal Code offences: 135.2 (Obtain financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents). Subsection (4) provides that (at paragraph (a)) a person must not be convicted, in respect of the same claim for bounty, of both an offence arising out of subsection (2) and subsection 30(2). In view of the repeal of subsection (2) substituted paragraph (4)(a) provides that a person must not be convicted both of an offence against the Criminal Code obtain financial advantage offence (135.2) and a subsection 30(2) offence. Original paragraph (4)(b) provides that a person must not be convicted both of a subsection (2) and subsection (3) offence. Since both subsections are repealed by item 92 the substituted paragraph (4)(b) prohibits convictions both against the Criminal Code obtain financial advantage offences (135.2) and the Criminal Code false or misleading statement/information/document offences (136.1, 137.1, 137.2).
491. This item repeals section 56 which deals with corporate criminal responsibility and is replaced by Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 deals with the General Principles of Criminal Responsibility).
492. The item amends subsection 58(1). The subsection provides that where a person is convicted of an offence against subsection 30(2) or 55(2) or (3) the court may, in addition to imposing a penalty under the subsection order the person to refund the amount of the bounty. The item omits the reference to subsections 55(2) and (3) and the substituted words provide that where the person is convicted of an offence against subsection 30(2) or the Criminal Code obtain financial advantage offence (135.2) or the false or misleading statement/information/document offences (136.1, 137.1, 137.2) the court may make the refund order.
493. This item further amends subsection 58(1) by omitting the words under the subsection because the alternative offence provisions, conviction under one of which enables the court to make the refund order, are not all subsections. This amendment is consequential on item 100 repealing subsections 55(2) and (3).
Bounty (Machine Tools and Robots) Act 1985
494. Item 104 amends subsection 33(2). Subsection 33(1) provides that an authorised officer may, by notice, require a person to give information, produce books or attend at a specified place to answer questions. Subsection (2) provides that the notice must set out the effect of subsection (3). Subsection (3) creates an offence of producing documents which are false or misleading in a material particular. Item 104 omits the reference to subsection (3) because that section is repealed by item 105. The item substitutes a reference to the Criminal Code false or misleading documents offence (137.2).
495. Item 105 repeals subsection 33(3) which created an offence of producing a false or misleading document. It is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
496. Item 106, which is consequential on the repeal of subsection 33(3) by item 105 and the repeal of paragraph 35(3)(a) by item 107, omits the words proceedings under, or arising out of or by virtue of, subsection (3) or paragraph 35(3)(a). Subsection 33(5) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 33 of the Act. The section also provides that the answer or document is not admissible in evidence in criminal proceedings against the person except proceedings under, or arising out of or by virtue of subsection 33(3) or paragraph 35(3)(a). In place of the omitted references the item substitutes that the exception also extends to Criminal Code obtain financial advantage offence (135.2) proceedings that relate to this Act.
497. The item repeals subsections 35(2) and (3). Subsection 35(2) creates an offence of obtaining or attempting to obtain a bounty. Subsection 35(3) creates an offence of making a false or misleading statement or producing a false or misleading document. They are replaced by the Criminal Code offences: 135.2 (Obtain financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
498. The item repeals subsection 35(4) and inserts a replacement subsection (4). Subsection (4) provides that a person must not be convicted, in respect of the same claim for bounty, of both an offence arising out of subsection (2) and subsection 23(1). In view of the repeal of subsection (2) substituted paragraph (4)(a) provides that a person must not be convicted both of a Criminal Code obtain financial advantage offence (135.2) and a subsection 23(1) offence. Original paragraph (4) also provides that a person must not be convicted both of a subsection (2) and subsection (3) offence. Since both subsections are repealed the substituted paragraph (4)(b) prohibits convictions both against the Criminal Code obtain financial advantage (135.2) and false or misleading statement/information/document offences (136.1, 137.1, 137.2).
499. The item amends subsection 37(1). The subsection provides that where a person is convicted of an offence against subsection 23(1) or 35(2) or (3) the court may, in addition to imposing a penalty under the subsection, order the person to refund the amount of the bounty. The item omits the reference to subsections 35(2) and (3) and the substituted words provide that where the person is convicted of a subsection 23(1) offence or an offence against the Criminal Code obtain financial advantage offence (135.2) and the Criminal Code false or misleading statement/information/document offence (136.1, 137.1, 137.2) the court may make the refund order.
500. This item further amends subsection 37(1) by omitting the words under the subsection because the alternative offence provisions conviction under one of which enables the court to make the refund order are not all subsections. This amendment is consequential on repeal of subsections 35(2) and (3).
Bounty (Photographic Film) Act 1989
501. Item 111 amends subsection 22(2). Subsection 22(1) provides that an authorised officer may, by written notice, require a person to attend at a specified place to give information, produce books and answer questions. Subsection (2) provides that the notice must set out the effect of subsection (3). Subsection (3) creates an offence of producing documents which are false or misleading in a material particular. Item 103 omits the reference to subsection (3) because that section is repealed by item 104. The item substitutes a reference to the Criminal Code offence: 137.2 (False or misleading documents).
502. Item 112 repeals subsection 22(3) which had created an offence of producing documents, in response to a subsection (1) notice, which the person knows is false or misleading in a material particular. It is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
503. Item 113, which is consequential on the repeal of subsection 22(3) and the repeal of paragraph 24(3)(a), omits the words proceedings under, or arising out of or because of, subsection (3) or paragraph 24(3)(a). Subsection 22(5) provides that a person is not excused from answering a question or producing a document on the ground of self-incrimination but the answer or document (or information or thing obtained therefrom) is not admissible in evidence in criminal proceedings against the person except proceedings under, subsection (3) or paragraph 24(3)(a). In place of the omitted references to these provisions the item substitutes that the exception also extends to false or misleading statements/information/documents offences (136.1, 137.1, 137.2) under the Criminal Code that relate to this Act.
504. This item repeals subsections 24(2), (3), (4), (5) and (6). The offences at subsections 23(2) and(3) are replaced by Criminal Code offences; subsection (2) - obtain (or attempt to obtain) a bounty that is not payable: 135.2 (Obtain financial advantage), paragraph (3)(a) - make false or misleading statements: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), and paragraph 3(b) - present a false or misleading document: 137.2 (False or misleading documents). Subsection (4), (5) and (6) deal with corporate criminal responsibility and are replaced by Part 2.5 of Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
505. The item repeals subsection 24(7) and inserts a replacement subsection (7). Subsection (7) provides that (at paragraph (a)) a person must not be convicted, in respect of the same claim for bounty, of both an offence arising out of subsection (2) and subsection 30(2). In view of the repeal of subsection 24(2) substituted paragraph (7)(a) provides that a person must not be convicted both of a Criminal Code obtain financial advantage offence (135.2) and a subsection 14(1) offence. Original paragraph (7)(b) provides that a person must not be convicted both of a subsection (2) and subsection (3) offence. Since both subsections are repealed the substituted paragraph (7)(b) prohibits convictions both against the Criminal Code obtain financial advantage (135.2) and false or misleading statements/information/documents offences (136.1, 137.1, 137.2).
506. The item amends subsection 26(1). The subsection provides that where a person is convicted of an offence against subsection 13(1) or 24(2) or (3) the court may, in addition to imposing a penalty under the subsection, order the person to refund the amount of the bounty. The item omits the reference to subsections 13(1) or 24(2) or (3) and the substituted words provide that where the person is convicted of a subsection 13(1) offence or a Criminal Code obtain financial advantage (135.2) or false or misleading statements/information/documents offence (136.1, 137.1, 137.2) the court may make the refund order.
507. This item further amends subsection 26(1) by omitting the words under the subsection because the alternative offence provisions conviction under one of which enables the court to make the refund order are not all subsections. This amendment is consequential on item 106 repealing subsections 24(2) and (3).
508. Item 118 amends subsection 23(2). Subsection 23(1) provides that an authorised officer may, by notice, require a person to give information, produce books or attend at a specified place to answer questions. Subsection (2) provides that the notice must set out the effect of subsection (3). Subsection (3) creates an offence of producing documents which are false or misleading in a material particular. Item 110 omits the reference to subsection (3) because that section is repealed by item 111. The item substitutes a reference to the Criminal Code false or misleading documents offence (137.2).
509. This item repeals subsection 23(3). That subsection created an offence where a person, who receives a notice under subsection 23(1) requiring the production of a document, produces a document which the person knows is false or misleading in a material particular and the person does not give a signed statement that the document is false or misleading setting out or referring to the material particular in respect of which the document is, to the knowledge of the person, false or misleading. The repealed offence is replaced by the Criminal Code offence: 137.2 (False or misleading documents).
510. Item 120, which is consequential on the repeal of subsection 23(3) and paragraph 25(3)(a) omits reference to these provisions from subsection 23(5). Subsection 23(5) provides that self-incrimination is not an excuse not to produce a document or answer a question under section 23 of the Act. The section also provides that the answer or document is not admissible in evidence in criminal proceedings against the person except proceedings under the repealed provisions. In place of the omitted reference to the repealed provisions the item substitutes reference to the Criminal Code false and misleading statements/information/documents offences (136.2, 137.1, 137.2).
511. This item repeals subsections 25(2), (3), (4), (5) and (6). The offences at subsections 23(2) and(3) are replaced by Criminal Code offences: subsection (2) - obtain (or attempt to obtain) a bounty that is not payable: 135.2 (Obtain financial advantage), paragraph (3)(a) - make false or misleading statements: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information) and paragraph 3(b) - present a false or misleading document: 137.2 (False or misleading documents). Subsection (4), (5) and (6) deal with corporate criminal responsibility and are replaced by Part 2.5 of Chapter 2 of the Criminal Code (General Principles of Criminal Responsibility).
512. The item repeals subsection 25(7) and inserts a replacement subsection (7). Subsection (7) provides that (at paragraph (a)) a person must not be convicted, in respect of the same claim for bounty, of both an offence arising out of subsection (2) and subsection 14(1). In view of the repeal of subsection 25(2) substituted paragraph (7)(a) provides that a person must not be convicted both of an offence against the Criminal Code obtain financial advantage offence (135.2) and an offence for lodgement of an excessive claim (subsection 14(1)). Original paragraph (7)(b) provides that a person must not be convicted both of a subsection (2) and subsection (3) offence. Since both subsections are repealed by item 113 the substituted paragraph (7)(b) prohibits convictions both against the Criminal Code obtain financial advantage (135.2) and false or misleading statements/information/documents offences (136.1, 137.1, 137.2) in respect of the same bounty claim.
513. This item repeals subsections 25(9), (10) and (11). Because these subsections deal with offences against subsection (2) they must be repealed as a consequence of the repeal of subsection (2); subsection (9) provides that a subsection (2) offence is an indictable offence, subsection (10) provides that a court of summary jurisdiction may hear subsection (2) proceedings and subsection (11) provides penalties where a court of summary jurisdiction convicts a person of a subsection (2) offence.
514. This item omits the reference in subsection 27(1) to subsections 25(2) or (3) which are themselves repealed by item 121. Subsection 27(1) provides that where a person is convicted of an offence of excessive bounty claim or an offence of obtaining a bounty which is not payable or making a false or misleading statement or producing a false or misleading document the court may in addition to imposing a penalty under the subsection order the person to refund the bounty wrongfully obtained. The substituted paragraph inserts the references for the applicable Criminal Code offences: 135.2 (Obtain financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents) in place of the references to the original offences of this nature in the Act.
515. This item further amends subsection 27(1) by omitting the words under the subsection because the alternative offence provisions (conviction under one of which enables the court to make the refund order) are not all subsections.
Broadcasting Services Act 1992
516. The item inserts a definition of the term offence against this Act into the Act. The purpose of the definition is to ensure that duly authorised officers under the Act are able to continue to investigate false and misleading information offences relating to the Act after the offence previously at the section 208 is repealed by item 127 and replaced by the Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
517. The item repeals the offence in section 208 of making a statement in an application under the Act, or in a response to a request for information under the Act, that is false or misleading in a material particular. The offence is replaced by offences in the Criminal Code : 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
518. This item was omitted by Government Amendment as a technical correction.
519. Item129 repeals subsection 23A(3) which creates an offence of making a false or misleading statement in purported compliance with regulations under subsection (1). The offence is replaced by an offence in the Criminal Code : 137.1 (False or misleading information).
Civil Aviation Regulations 1988
520. The item repeals the offence in regulation 285 of obstructing or impeding a person exercising power conferred on the person by the regulations. The offence is replaced by an Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
521. This item amends paragraph 5(c) of the Coal Excise Act 1949. Section 5 provides that provisions of the Excise Act 1901 shall be read as one with the Coal Excise Act 1949. Item 122 omits reference in section 5 Coal Excise Act to the offences in the Excise Act of obtaining any drawback or refund of duty which is not payable. These offences are replaced by the obtaining financial advantage offences in the Criminal Code : 134.2 (Obtaining financial advantage by deception), 135.2 (Obtaining financial advantage). Later items in this Schedule repeal these offences from the Excise Act 1901 .
522. The item repeals the offence at section 27 of obstructing, molesting, resisting or hindering a officer in the performance of his duty under the Act. The offence is replaced by offences under the Criminal Code : 149.1 (Obstruction of a Commonwealth public officials), 147.1 (Causing harm to a Commonwealth public official etc.) The term Commonwealth public official is widely defined in the Criminal Code .
523. Item 133 repeals the false or misleading statement offence at subsection 53(4). The offence is replaced by an offence in the Criminal Code : 137.1 (False or misleading information).
Commonwealth Electoral Act 1918
524. This item repeals 2 offences; at subsection 184(6) and (7). Section 184 deals with applications for postal votes. The offences repealed relate to an elector making a false statement in an application for a postal vote or in any declaration relating to such an application (subsection (6)). The offence at subsection (7) is to induce an elector to make a false statement in a postal vote application or in a declaration relating to such an application. The subsection (6) offence is replaced by an offence inserted in the Criminal Code by Schedule 1 of the Bill: 137.1 (False or misleading information). The ancillary offence at subsection (7) is provided by the ancillary offence provisions in Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 is the General Principles of Criminal Responsibility).
525. Item 135 repeals the offences in subsections 184A(5) and (6). Section 184A deals with applications for registration as general postal voter and the offences repealed are those of making a false statement in an application for general voter registration or in any declaration relating to such an application (subsection (5)). The offence at subsection (6) is to induce an elector to make a false statement in an application under the section or in a declaration relating to such an application. The subsection (5) offence is replaced by offences inserted in the Criminal Code by Schedule 1 of the Bill: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information). The ancillary offence at subsection (6) is provided by the ancillary offence provisions in Part 2.5 of Chapter 2 of the Criminal Code (Chapter 2 is the General Principles of Criminal Responsibility).
526. The item repeals paragraph 339(1)(f) which created an offence of forging any nomination paper or ballot-paper or uttering any nomination or ballot-paper knowing it to be forged. The offence is replaced by Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document).
527. Item 137 is a minor consequential punctuation amendment which inserts a full-stop after paragraph 339(1)(h) as a result of the repeal of paragraph 339(1)9k).
528. This item repeals paragraph 339(1)(k) which created an offence of making a false or misleading statement in any claim, application or return (but excluding statements in the persons nomination paper) or in answer to a question under the Act or regulations. The offence is replaced by Criminal Code offences: 136.1 (False or misleading statements in applications), 137.1 (False or misleading information).
529. This item repeals subsections 339(3) and (4). Subsection (3) created an offence of making a false or misleading statement in his or her nomination paper or omitting from a statement in his or her nomination paper any matter or thing without which the statement is misleading in a material particular. Subsection (4) provides a defence to the subsection (3) offence if the person proves he did not know or could not reasonably be expected to have known the statement was false or misleading. The offence is subsection (3) is replaced by an offence in the Criminal Code: 137.1 (False or misleading information), 137.2 (False or misleading documents). Part 2.3 of Chapter 2 of the Criminal Code provides general defences that are available to all offences.
530. This item repeals section 344 which created offences of forging electoral papers or uttering any forged electoral paper knowing it to be forged. The offences are replaced by Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document).
Commonwealth Inscribed Stock Act 1911
531. This item repeals section 48 of the Commonwealth Inscribed Stock Act 1911 . Section 48 creates an offence where a person, with intent to defraud, forges or utters a forged prescribed document relating to the transfer of stock, a relevant power of attorney, or the signature of any person as witness to the execution of any instrument or document in respect of stock. These offences are being replaced by the Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document).
Commonwealth Places (Application of Laws) Act 1970
532. This item inserts into subsection 5(2) of the Commonwealth Places (Application of Laws) Act 1970 (the Act) a reference to section 4 of the Crimes Act 1914 . The insertion adds section 4 to the list of Crimes Act provisions which do not apply to the applied provisions as defined by the Act. The Act defines the applied provisions as those provisions which apply, or are deemed to have applied, in accordance with section 4 of the Act. Section 4 of the Act provides for the application of State law to Commonwealth places. The effect of item 142 is to remove the application of common law principles with respect to criminal liability in relation to Commonwealth places.
533. This item adds subsection 2B to section 5 of the Commonwealth Places (Application of Laws) Act 1970 (the Act). The proposed subsection 5(2B) states that Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, the applied provisions. Chapter 2 of the Criminal Code establishes the general principles of criminal responsibility under the Code and governs the application of the general principles to offences under Commonwealth law which are created by legislation other than the Criminal Code . The Act defines the applied provisions as those provisions which apply, or are deemed to have applied, in accordance with section 4 of the Act. Section 4 of the Act provides for the application of State law to Commonwealth places. The effect of item 143 is to deny the application of Chapter 2 of the Criminal Code with respect to criminal liability in relation to Commonwealth places.
Complaints (Australian Federal Police) Act 1981
534. This item inserts paragraph (ea) in subsection 27(5) of the Complaints (Australian Federal Police) Act 1981 (the Act). Subsection 27(5) of the Act relevantly provides that a person is not excused from furnishing any information, producing a document or answering any question as required under section 27 by reason of the matters detailed in paragraphs 27(5)(a), (b) or (c), but the information, the production of the record or the answer to the question is not admissible in evidence against the person in proceedings other than the proceedings detailed in paragraphs 27(5)(d), (e) or (f). Proposed paragraph 5(ea) adds to the list of exempt proceedings a prosecution under proposed sections 137.1, 137.2 or 149.1 of the Criminal Code . These latter sections establish the generic offence provisions under the Criminal Code in relation to giving false or misleading information (137.1), producing a false or misleading document (137.2), or obstructing, hindering, intimidating or resisting a Commonwealth public official (149.1). The term Commonwealth public official is defined in the proposed addition to the Criminal Code dictionary (clause 27 of Schedule 1).
535. This item repeals subsection 44(2) of the Complaints (Australian Federal Police) Act 1981 (the Act). Subsection 44(2) establishes offences in relation to obstructing, hindering or resisting the Ombudsman or any other person in the exercise of functions under that Part of the Act, and furnishing false or misleading information or making a false or misleading statement to the Ombudsman or to an authorised person. These offences are being replaced by Criminal Code offences: 149.1 (Obstruction of Commonwealth public officials), 137.1 (False or misleading information)
536. This item removes the references in paragraph (c) of the definition of Commonwealth officer in subsection 3(1) of the Crimes Act 1914 (the Act) to sections 72, 73, 74 and 75 of the Act. This item is consequential upon item 154, which repeals sections 72, 73, 74 and 75 of the Act.
537. This item removes the references in paragraph (d) of the definition of Commonwealth officer in subsection 3(1) of the Crimes Act 1914 (the Act) to sections 72, 73, 74, 75 and 76 of the Act. This item is consequential upon item 154, which repeals sections 72, 73, 74, 75 and 76 of the Act.
538. This item amends the definition of section 17B offence in subsection 17(3) of the Crimes Act 1914 (the Act). It omits references in the definition to sections 29A, 29B, 29C, 29D, 71 and 72 of the Act and substitutes references to proposed sections 131.1, 132.1, 132.6, 132.7, 134.1, 134.2, 135.1, 135.2, 135.4, 145.4 and 145.5 of the Criminal Code , which replace the omitted sections by virtue of this Bill. This item is consequential upon items 149 and 154 which repeal sections 29A, 29B, 29C, 29D, 71 and 72 of the Act. The proposed new sections insert into the Criminal Code offences relating to theft (131.1, receiving (132.1), making off without payment (132.6), going equipped for theft or a property offence (132.7), obtaining property by deception (134.1), obtaining a financial advantage by deception (134.2), general dishonesty (135.1), obtaining a financial advantage (135.2), conspiracy to defraud (135.4), falsification of documents (145.4) and giving information derived from false or misleading documents (145.5).
539. This item repeals sections 29A, 29B, 29C, 29D and 30 of the Crimes Act 1914 . These sections respectively create offences of obtaining from the Commonwealth, or causing or procuring to be paid by the Commonwealth, any chattel, money, valuable security or benefit by false pretences and with intent to defraud; imposing, or endeavouring to impose, upon the Commonwealth by any untrue representation and with a view to obtaining money or other benefit or advantage; making an untrue statement in connection with, or in support of, an application to the Commonwealth for any grant, payment or allotment of money or allowance; defrauding the Commonwealth; and taking goods or property out of the possession, custody or control of the Commonwealth without lawful authority. The primary offences are being replaced by Criminal Code offences: 132.8 (Dishonest taking or retention of property), 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), and the ancillary offences are applied to the primary replacement offences through the application of Chapter 2 (section 11.1 - attempt) of the Criminal Code .
540. This item repeals paragraph 30K(a) of the Crimes Act 1914 , which creates an offence of obstructing or hindering the provision of any public service by the Commonwealth. This offence is being replaced by Criminal Code offences: 149.1 (Obstruction of Commonwealth public officials), 147.2 (Threatening to cause harm to a Commonwealth public official).
541. This item repeals sections 32 and 33 of the Crimes Act 1914 , which create offences of judicial corruption, corrupting any person holding judicial office, official corruption and corrupting Commonwealth officers. These offences are being replaced by the Criminal Code offence: 141.1 (Bribery of a Commonwealth public official), 142.1 (Corrupting benefits given to, or received by, a Commonwealth public official).. The term Commonwealth public official is defined in the proposed addition to the Criminal Code dictionary (clause 27 of Schedule 1), and includes Commonwealth judicial officers.
542. This item repeals section 50 of the Crimes Act 1914 , which creates an offence of obstructing or resisting any person charged with the execution of an order or warrant of any federal court or a court acting in the exercise of federal jurisdiction or any court of a Territory. This offence is being replaced by an offence Criminal Code offence: 149.1 (Obstruction of Commonwealth public officials).
543. This item repeals Part V of the Crimes Act 1914 , which comprises sections 63 to 69 inclusive of that Act. These sections create offences of forging, or uttering a forgery of, seals, official signatures, Commonwealth documents or official marks, and making special paper; and create definitions relevant to these offences. These offences are being replaced by the insertion of Criminal Code offences: 144.1 (Forgery), 145.1 (Using forged document), 145.2 (Possession of forged document), 145.3 (Possession, making or adaptation of devices etc. for making forgeries).
544. This item repeals sections 71, 71A, 72, 73, 73A, 74, 75 and 76 of the Crimes Act 1914 (the Act). These sections respectively create offences of stealing or fraudulently misappropriating or fraudulently converting or receiving Commonwealth property; falsification of books or records by Commonwealth officers; corruption and bribery of Commonwealth officers or members of the Federal Parliament; making a false return or certificate by Commonwealth officers; impersonating a Commonwealth officer; and obstructing, resisting, hindering, using violence against, threatening or intimidating Commonwealth officers. Section 71A additionally provides that proof of a general deficiency is sufficient for the purposes of prosecuting an offence under section 71 of the Act. Each of these offences is being replaced by the insertion of Criminal Code offences: 131.1 (Theft), 132.1 (Receiving), 145.4 (Falsification of documents etc.), 141.1 (Bribery of a Commonwealth public official), 142.1(Corrupting benefits given to, or received by, a Commonwealth public official), 137.1 (False or misleading information), 137.2 (False or misleading documents), 148.1 (Impersonation of an official by a non-official), 149.1 (Obstruction of Commonwealth public officials), 147.1 (Causing harm to a Commonwealth public official), 147.2 (Threatening to cause harm to a Commonwealth public official etc.).
545. This item repeals sections 85J, 85K, 85L and 85M of the Crimes Act 1914 . These sections respectively create postal offences, namely offences of using or fraudulently removing postage stamps; stealing, fraudulently taking or concealing, misappropriating, destroying or receiving mail-bags or postal items; tampering with mail-bags; and improperly obtaining articles in the course of the post. These offences are being replaced by the Criminal Code offences: 471.1 (Theft of mail-receptacles, articles or postal messages), 471.2 (Receiving stolen mail-receptacles, articles or postal messages), 471.3 (Taking or concealing of mail-receptacles, articles or postal messages), 471.4 (Dishonest removal of postage stamps or postmarks), 471.5 (Dishonest use of previously used, defaced or obliterated stamps), 471.6 (Damaging or destroying mail-receptacles, articles or postal messages), 471.7 (Tampering with mail-receptacles), 471.8 (Dishonestly obtaining delivery of articles).
546. This item repeals section 85P of the Crimes Act 1914 . This section creates offences of stealing, fraudulently taking or concealing, misappropriating or destroying a postal article, or receiving a postal article knowing it to have been stolen or fraudulently taken, concealed or misappropriated. These offences are being replaced by the Criminal Code offence: 471.1 (Theft of mail-receptacles, articles or postal messages), 471.2 (Receiving stolen mail-receptacles, articles or postal messages), 471.3 (Taking or concealing of mail-receptacles, articles or postal messages), 471.6 (Damaging or destroying mail-receptacles, articles or postal messages).
547. This item repeals section 85ZF of the Crimes Act 1914 . This section creates offences of defrauding a carrier or causing a carrier to supply a carriage service to another person without payment for that service. These offences are being replaced by the Criminal Code offence: 474.1 (General dishonesty with respect to a carriage service provider).
548. This item repeals subsection 86(2) of the Crimes Act 1914 (the Act), which creates an offence of conspiring to commit an offence against section 29D of the Act. This item is consequential upon item 149, which repeals section 29D of the Act.
549. This item is consequential upon item 160.
550. This item repeals paragraph 86(10)(c) of the Crimes Act 1914 (the Act), which refers to subsection 86(2) of the Act. It is consequential upon item 158, which repeals subsection 86(2).
551. This item repeals section 88 of the Crimes Act 1914 , which creates the offences of corruptly buying or selling offices in the Australian Public Service or in the public service of a Territory. These offences are being replaced by the Criminal Code offences: 141.1 (Bribery of a Commonwealth public official), 142.1 (Corrupting benefits given to, or received by, a Commonwealth public official), 142.2 (Abuse of public office).
552. This item omits from paragraph (c) of the definition of records offence in subsection 4(1) of the Customs Act 1901 the references to sections 29D and 86A of the Crimes Act 1914 , and substitutes references to sections 134.1, 134.2 and 135.1 of the Criminal Code . This item is consequential upon item 149 which repeals section 29D of the Crimes Act . Sections 134.1 (Obtaining property by deception), 134.2 (Obtaining a financial advantage by deception) and 135.1 (General dishonesty) are Criminal Code offences. .
553. This item inserts subsection (3) into section 183UA of the Customs Act 1901 (the Act). Subsection 183UA(3) states that for the purposes of the relevant Part of the Act, an offence against sections 141.1, 142.1, 142.2 and 149.1 of the Criminal Code that relate to the Act are taken to be an offence against the Act. These sections of the Criminal Code , which are being inserted by virtue of Schedule 1 of this Bill, create offences of bribery of a Commonwealth public official, receiving by a Commonwealth public official of a bribe (141.1), corrupting benefits given to or received by a Commonwealth public official (142.1), abuse of public office by a Commonwealth public official (142.2), and obstructing, hindering, intimidating or resisting a Commonwealth public official (149.1). The term Commonwealth public official is defined in the proposed addition to the Criminal Code dictionary (clause 27 of Schedule 1).
554. This item repeals section 232 of the Customs Act 1901 , which creates offences of Customs or Police officers collusively seizing or delivering up certain ships, boats, carriage or goods or making any agreement or conniving in these activities, or being concerned in the importation or exportation of certain goods for the purpose of seizing any ship, boat, carriage or goods and obtaining any reward for such seizure; and any person bribing or threatening any such officer in order to cause neglect of the officers duty. These offences are being replaced by Criminal Code offences: 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 141.1 (Bribery of a Commonwealth public official), 147.2 (Threatening to cause harm to a Commonwealth public official etc.).
555. This item repeals the offences in paragraph 232A(b) of assaulting, resisting, molesting or obstructing a Customs officer or intimidation of a Customs officer. These offences are being replaced by the Criminal Code offences: 147.1 (Causing harm to a Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials).
556. This item repeals section 112 of the Dairy Produce Act 1986 (the Act), which creates certain offences in relation to applications for payment under the Act. These offences are doing anything for the purpose of obtaining a payment that is not payable; forging or altering a declaration or other required document that is used for the purpose of obtaining a payment under the Act; signing a declaration or other document that contains false or misleading information or statements; and presenting a document which contains information or a statement that is false or misleading. These offences are being replaced by Criminal Code offences: 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents).
557. This item is consequent upon item 166. It omits the reference to subsection 112(1) of the Dairy Produce Act 1986 (the Act) in subsection 114(1) of the Act and substitutes reference to sections 135.2 (Obtaining financial advantage), 136.1 (False or misleading statements in applications), 137.1 (False or misleading information), 137.2 (False or misleading documents) of the Criminal Code . These sections, which create offences to subsection 112(1) of the Act,are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill.
558. This item repeals from subsection 117(1) of the Dairy Produce Act 1986 (the Act) the reference to section 112 of the Act, and is consequent upon item 166.
559. This item repeals section 73B of the Defence Act 1903 (the Act), which creates the offences of forging or uttering a forged warrant or order under the Act or under the Defence Force Discipline Act 1982 . These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 144.1 (Forgery), 145.1 (Using forged document).
560. This item omits the reference to section 73B of the Defence Act 1903 (the Act) from section 73F of the Act, and is consequential upon item 169.
561. This item repeals section 80 of the Defence Act 1903 , which creates the offences of fraudulently personating or representing himself or herself to be a member of the Defence Force with the intent of obtaining free rail or tram travel or evading a toll. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 148.1 (Impersonation of an official by a non-official).
562. This item repeals section 81 of the Defence Act 1903 , which creates the offences of obstructing or interfering with any member or portion of the Defence Force in the performance of any naval, military or air-force service or duty. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officials), 147.1 (Causing harm to a Commonwealth public official).
563. This item repeals section 116Z of the Defence Act 1903 , which creates the offence of impersonating a ranger. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: (148.1 (Impersonation of an official by a non-official).
Defence (Special Undertakings) Act 1952
564. This item repeals section 24 of the Defence (Special Undertakings) Act 1952 (the Act) , which creates offences of knowingly misleading or otherwise interfering with or impeding a Commonwealth officer or other person in the execution of a power or duty conferred under the Act. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officials), 137.1 (False or misleading information).
Diplomatic and Consular Missions Act 1978
565. This item repeals subsection 5(8) of the Diplomatic and Consular Missions Act 1978 (the Act) which creates an offence of obstructing or hindering a person acting in pursuance of a warrant issued under section 5 of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officers).
Disability Discrimination Act 1992
566. This item amends subsection 111(1) of the Disability Discrimination Act 1992 (the Act) by removing the reference to a proceeding under section 112 of the Act and substituting a reference to proceedings under sections 137.1 (False or misleading information) or 137.2 (False or misleading documents) of the Criminal Code , which are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. This item is consequential upon item 177.
567. This item repeals section 112 of the Disability Discrimination Act 1992 (the Act) which creates an offence of giving false or misleading information or making a false or misleading statement to the Commission or to any other person exercising powers or performing functions under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information), 137.2 (False or misleading documents).
568. This item repeals section 72 of the Distillation Act 1901 (the Act) which creates an offence of obstructing, molesting, resisting or hindering an officer in the performance of a duty under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 147.1 (Causing harm to a Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials).
Environment Protection (Alligator Rivers Region) Act 1978
569. This item repeals subsection 27(2) of the Environment Protection (Alligator Rivers Region) Act 1978 (the Act) which creates an offence of furnishing false or misleading information in purported compliance with subsection 27(1) of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information), 137.2 (False or misleading documents).
570. This item repeals section 32 of the Environment Protection (Alligator Rivers Region) Act 1978 (the Act) which creates an offence of obstructing or hindering the Supervising Scientist or the Institute in their performance of functions or powers. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 149.1 (Obstruction of Commonwealth public officials).
571. This item repeals paragraphs 120(1)(v), (va) and (vb) of the Excise Act 1901 (the Act) which provide that a person shall not obtain any drawback, refund of duty or rebate (other than diesel fuel rebate) which is not payable. These offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage).
572. This item repeals paragraph 120(2)(c) of the Excise Act 1901 (the Act) which provides a penalty for an offence against paragraphs 120(1)(v), (va) and (vb) of the Act. This item is consequential upon item 174 which repeals the latter paragraphs.
573. This item repeals section 123 of the Excise Act 1901 (the Act) which creates an offence of obstructing, molesting, resisting or hindering an officer in the performance of a duty under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 147.1 (Causing harm to a Commonwealth public official etc.), 149.1 (Obstruction of Commonwealth public officials).
574. This item repeals paragraph 124(1)(a) of the Excise Act 1901 (the Act) which creates an offence of an officer making any collusive seizure or delivering up or making any agreement to deliver up or not to seize any goods liable to forfeiture or conspiring or conniving to neglect his or her duties under the Act. This offence is being replaced by Criminal Code offences by virtue of Schedule 1 of this Bill: 142.2 (Abuse of public office) and, depending on the circumstances, there will often be other Criminal Code theft and fraud related offences that are relevant.
575. This item amends paragraph 124(1)(d) of the Excise Act 1901 (the Act) by effectively removing the offence of assaulting, resisting, molesting, obstructing or intimidating an officer acting in the execution of his or her duties under the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 147.1 (Causing harm to a Commonwealth public official), 149.1 (Obstruction of Commonwealth public officials).
576. This item repeals paragraph 124(1)(e) of the Excise Act 1901 (the Act) which provides the penalty for an offence against paragraph 124(1)(a) of the Act. This item is consequential upon item 184 which repeals paragraph 124(1)(a).
577. This item repeals section 12 of the Export Control Act 1982 (the Act) which creates an offence of obstructing or hindering an authorised officer in the exercise of the authorised 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).
578. This item repeals section 16 of the Export Control Act 1982 (the Act) which creates an offence of making a false or misleading statement in a declaration furnished for the purposes of the regulations, and also relevantly provides a deeming provision and a summary offence provision. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information), 137.2 (False or misleading documents).
Export Expansion Grants Act 1978
579. This item repeals section 18 of the Export Expansion Grants Act 1978 (the Act) which creates offences of obtaining or attempting to obtain a grant that is not payable, obtaining or attempting to obtain a grant by means of a false or misleading statement or certain documents containing false or misleading information, and making a false or misleading statement to the Commission or to a person having duties or functions for the purposes of the Act. Section 18 also provides a relevant deeming provision for the purposes of demonstrating a corporations fault element, and summary and indictable offence provisions. The primary offences are being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 134.2 (Obtaining a financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 137.1 (False or misleading information), 137.2 (False or misleading documents),, and the ancillary offences are applied to the primary replacement offences through the application of Chapter 2 (section 11.1 - attempt) of the Criminal Code . The deeming provision for the purposes of demonstrating a corporations fault element is being replaced by application of Chapter 2 (Part 2.5 - Corporate Criminal Responsibility) of the Criminal Code.
Export Inspection and Meat Charges Collection Act 1985
580. This item amends paragraph 10(2)(a) of the Export Inspection and Meat Charges Collection Act 1985 (the Act) by omitting the reference to subsection 10(3) of the Act and substituting references to sections 137.1 (False or misleading information) and 137.2 (False or misleading documents) of the Criminal Code . This item is consequential upon item 191, which repeals subsection 10(3) of the Act.
581. This item repeals subsection 10(3) of the Export Inspection and Meat Charges Collection Act 1985 (the Act) which creates an offence of presenting a document, making a statement or submitting a return which is false or misleading. This offence is being replaced by the insertion of offences into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information), 137.2 (False or misleading documents).
Export Market Development Grants Act 1997
582. This item repeals paragraph (b) of the definition of relevant offence in subsection 16(2) of the Export Market Development Grants Act 1997 , which refers to sections 29A, 29B, 29C and 29D of the Crimes Act 1914 . This item is consequential upon item 149 of this Schedule, which repeals these Crimes Act provisions.
583. This item amends paragraph 16(2)(d) of the Export Market Development Grants Act 1997 (the Act) by removing the reference to paragraph 16(2)(b) of the Act. This item is consequential upon item 192 of this Schedule, which repeals paragraph 16(2)(b).
584. This item incorporates sections 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) of the Criminal Code into the definition of relevant offence in subsection 16(2) of the Export Market Development Grants Act 1997 (the Act). These offences are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. This item effectively replaces the references in the definition of relevant offence to certain Crimes Act provisions which are being repealed by item 149 of this Schedule.
585. This item repeals paragraph 78(1)(b) of the Export Market Development Grants Act 1997 which refers to sections 29A, 29B, 29C and 29D of the Crimes Act 1914 . This item is consequential upon item 149 of this Schedule, which repeals these Crimes Act provisions.
586. This item removes the reference in 78(1)(d) of the Export Market Development Grants Act 1997 (the Act) to paragraph 78)(1)(b) of the Act. This item is consequent upon item 195 of this Schedule, which repeals paragraph 78(1)(b) of the Act.
587. This item adds references to sections 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) of the Criminal Code to paragraph 78(1)(d) of the Export Market Development Grants Act 1997 (the Act). These offences are being inserted into the Criminal Code by virtue of Schedule 1 of this Bill. This item effectively replaces the references in paragraph 78(1)(d) to certain Crimes Act provisions which are being repealed by item 149 of this Schedule.
588. This item repeals section 102 of the Export Market Development Grants Act 1997 (the Act). Section 102 establishes corporate criminal responsibility deeming provisions for the purposes of a prosecution for an offence against sections 29A, 29B, 29C or 29D of the Crimes Act 1914 (primary offence provisions) and sections 5, 6, 7, 7A or 86(1) of the Crimes Act (ancillary offence provisions) in relation to a grant under the Act. The primary offence provisions of the Crimes Act are being repealed by item 149 of this Schedule and replaced by offences by virtue of Schedule 1 of this Bill: 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) The Crimes Act ancillary offence provisions are being replaced for the purposes of the Act by the ancillary offence provisions in Chapter 2 of the Criminal Code (Part 2.4 - Extensions of criminal responsibility), which will apply to the primary offence provisions of the Criminal Code . The section 102 deeming provisions for the purposes of demonstrating a corporations fault element are replaced by application of Chapter 2 (Part 2.5 - Corporate Criminal Responsibility) of the Criminal Code.
589. This item repeals and substitutes paragraph 103(1)(a) of the Export Market Development Grants Act 1997 (the Act) which refers to sections 29A, 29B, 29C and 29D of the Crimes Act 1914 and substitutes references to sections 134.1 (Obtaining property by deception), 134.2 (Obtaining financial advantage by deception), 135.1 (General dishonesty), 135.2 (Obtaining financial advantage), 135.4 (Conspiracy to defraud) and 136.1 (False or misleading statements in applications) of the Criminal Code . The Criminal Code sections replace the offence provisions of sections 29A, 29B, 29C and 29D of the Crimes Act. This item is consequent upon item 149 of this Schedule, which repeals these Crimes Act provisions.
Farm Household Support Act 1992
590. This item repeals subsection 41(6) of the Farm Household Support Act 1992 (the Act) which creates an offence of giving false or misleading information in purported compliance with subsection 41(1) of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information).
591. This item repeals subsection 42(6) of the Farm Household Support Act 1992 (the Act) which creates an offence of giving false or misleading information in purported compliance with subsection 42(1) of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information).
592. This item repeals subsection 54(8) of the Farm Household Support Act 1992 (the Act) which creates an offence of giving false or misleading information in purported compliance with a notice given under subsection 54(1) of the Act. This offence is being replaced by the insertion of an offence into the Criminal Code by virtue of Schedule 1 of this Bill: 137.1 (False or misleading information).
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 persons 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 corporations 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 corporations 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 corporations 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 seamens 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 persons 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 masters or officers 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. Subsection32(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 Noteprovides 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 persons 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 Commissioners 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 wherethe 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 Commissioners 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 wherethe 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 Governments 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 corporations 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 corporations 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 persons 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 persons 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 persons 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. Thisitem 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 persons powers, or the performance of the other persons 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 persons 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 persons 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 persons 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 persons 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.