House of Representatives

Explanatory Memorandum

Circulated by authority of the Attorney-General, the Honourable Robert McClelland MP

Schedule 11 - References to repealed provisions of the Crimes Act 1914

GENERAL OUTLINE

Schedule 11 contains minor and consequential amendments that ensure that references to the extensions of criminal responsibility provisions in Part 2.4 of the Criminal Code Act 1995 are correct. For more information on Part 2.4 of the Criminal Code, see general outline of Schedule 10, above.

Item 4 of Schedule 51 to the Law and Justice Legislation Amendment (Application of the Criminal Code) Act 2001 , repealed sections 3BB, 4, 5, 7, 7A, 14, 15D and 86 of the Crimes Act 1914 . In particular, sections 5, 7, 7A and 86 were repealed because equivalent provisions were inserted in to Part 2.4 of the Criminal Code as set out in the table below:

However, other Commonwealth legislation was not amended at that time to incorporate the changes made by the Law and Justice Legislation Amendment (Application of the Criminal Code) Act 2001 .

Schedule 11 contains minor and consequential amendments that amend other Commonwealth legislation to:

•

omit references to repealed provisions in the Crimes Act

•

replace references to repealed provisions in the Crimes Act with references to the corresponding extension of criminal responsibility provision in the Criminal Code, and

•

include a reference to the new joint commission provision in section 11.2A of the Criminal Code, consistent with amendments in Schedule 10.

Item 1

This item repeals paragraphs (a) and (b) of the definition of offence against this Act in subsection 16(7) of the Aircraft Noise Levy Collection Act 1995 , and substitutes new paragraphs that refer to section 6 of the Crimes Act and sections 11.1, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 2

This item amends subsection 225(6) of the Airports Act 1996 by omitting the words 'created by section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914', and substituting the words 'against section 6 of the Crimes Act 1914 , or against section 11.1, 11.4 or 11.5 of the Criminal Code'.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to the corresponding sections in the Criminal Code.

Item 3

This item amends subsection 3(3) of the Antarctic Marine Living Resources Conservation Act 1981 by omitting the words 'created by section 6, 7 or 7A of the Crimes Act 1914', and substituting the words 'against section 6 of the Crimes Act 1914 , or against section 11.1 or 11.4 of the Criminal Code'.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 4

This item amends subsection 3(3) of the Antarctic Treaty (Environment Protection) Act 1980 by omitting the words 'created by section 6, 7 or 7A or 86 of the Crimes Act 1914', and substituting the words 'against section 6 of the Crimes Act 1914 , or against section 11.1, 11.4 or 11.5 of the Criminal Code'.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 5

This item amends subsection 15B(1B) of the Crimes Act by omitting the words 'arising under section 5, or under' and substituting the words 'that is taken to have been committed because of section 11.2 or 11.2A of the Criminal Code , or against'.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into subsection 15B(1B) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision was inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 6

This item repeals the definition of offence against this Part in section 51 of the Crimes Act and substitutes a new definition. The new definition refers to section 6 of the Crimes Act and sections 11.1, 11.2, 11.2A, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into the definition because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision is to be inserted into section 11.2A of the Criminal Code Act by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 7

This item amends paragraph 108(b) of the Defence Act 1903 by omitting the words 'created by section 6, 7 or 7A or 86(1) of the Crimes Act 1914', and substituting the words 'section 6 of the Crimes Act 1914 , or against section 11.1, 11.4 or 11.5 of the Criminal Code'.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 8

This item amends subsection 4(2) of the Environment Protection (Sea Dumping) Act 1981 by omitting the words 'created by section 6, 7 or 7A of the Crimes Act 1914', and substituting the words 'against section 6 of the Crimes Act 1914 , or against section 11.1 or 11.4 of the Criminal Code'.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 9

This item repeals paragraph (d) of the definition of relevant offence in subsection 16(2) of the Export Markets Development Grants Act 1997 and substitutes a new definition that refers to section 6 of the Crimes Act and sections 11.1, 11.2, 11.2A, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into paragraph (d) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision is to be inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 10

This item repeals paragraph 78(1)(d) of the Export Markets Development Grants Act 1997 and substitutes new provisions that refer to section 6 of the Crimes Act and sections 11.1, 11.2, 11.2A, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into paragraph (d) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision is to be inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 11

This item repeals subsection 189(4) of the Gene Technology Act 2000 and substitutes new provisions that refer to section 6 of the Crimes Act 1914 and sections 11.1, 11.2, 11.2A, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into subsection 189(4) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision was inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 12

This item repeals subparagraphs (c)(i) and (ii) of the definition relevant offence in subsection 23DA(1) of the Health Insurance Act 1973 , and substitutes new paragraphs that refer to section 6 of the Crimes Act and sections 11.1, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 13

This item repeals paragraphs 378(7)(a) and (b) of the Offshore Minerals Act 1994 and substitutes new paragraphs that refer to section 6 of the Crimes Act and sections 11.1, 11.2, 11.2A, 11.4 and 11.5 of the Criminal Code.

This item is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into paragraphs 378(7)(a) and (b) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision is to be inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 14

This item repeals paragraph 65(9)(b) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and substitutes new paragraphs that refer to section 6 of the Crimes Act and sections 11.1, 11.2, 11.2A, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into paragraph 65(9)(b) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision is to be inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 15

This item repeals subsection 76(9) of the Plant Breeder's Rights Act 1994 and substitutes new paragraphs that refer to section 6 of the Crimes Act and sections 11.1, 11.2, 11.2A, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into subsection 76(9) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision is to be inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 16

This item amends subsection 3(7) of the Shipping Registration Act 1981 by omitting the words 'created by section 6, 7 or 7A of the Crimes Act 1914', and substituting the words 'against section 6 of the Crimes Act 1914 , or against section 11.1 or 11.4 of the Criminal Code'.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 17

This item repeals the definition of offence against this Act in subsection 4(1) of the South Pacific Nuclear Free Zone Treaty Act 1986 and substitutes a new definition that refers to section 6 of the Crimes Act and sections 11.1, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 18 and 19

These items repeal paragraphs 32(2)(a) and (b), and paragraphs 33(5)(a) and (b) of the South Pacific Nuclear Free Zone Treaty Act 1986 and substitutes new paragraphs that refer to section 6 of the Crimes Act and sections 11.1, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 20

This item repeals subsection 8J(6) of the Taxation Administration Act 1953 and substitutes a new paragraph that refers to section 11.1 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 21

This item amends subsection 8J(8) of the Taxation Administration Act 1953 by omitting the words 'section 7 of the Crimes Act 1914', and substituting the words 'section 11.1 of the Criminal Code'.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 22

This item repeals subsection 32(8) of the Tobacco Advertising Prohibition Act 1992 and substitutes a new subsection that refers to section 6 of the Crimes Act and sections 11.1, 11.2, 11.2A, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into subsection 32(8) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision is to be inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 23

This item amends subsection 79(5) of the Trade Practices Act 1974 by omitting the words 'Sections 5, 7 and 7A of the Crimes Act 1914 and section 11.1 of the Criminal Code', and substituting the words 'Subsections 11.1(1), 11.2(1), 11.2A(1) or 11.4(1) of the Criminal Code'.

This item is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

This item also inserts a reference to section 11.2A of the Criminal Code into subsection 79(5) because joint commission is an extension of criminal responsibility closely related to section 11.2 of the Criminal Code. The new joint commission provision is to be inserted into section 11.2A of the Criminal Code by the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009.

Item 24

This item amends the definition of offence against this Act in section 4 of the Tradex Scheme Act 1999 by omitting the words 'section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914', and substituting the words 'section 6 of the Crimes Act 1914 , or against section 11.1, 11.4 or 11.5 of the Criminal Code'.

This item is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.

Item 25

This item repeals paragraphs (a) and (b) of the definition of offence against this Act in section 3 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 and substitutes new paragraphs that refer to section 6 of the Crimes Act and sections 11.1, 11.4 and 11.5 of the Criminal Code.

This is a minor amendment, which ensures that references to repealed sections of the Crimes Act are replaced by references to corresponding sections in the Criminal Code.