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House of Representatives

Education, Training and Youth Affairs Legislation Amendment (Application of Criminal Code) Bill 2001

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Training and Youth Affairs the Hon Dr David Kemp MP)

Outline and financial impact statement

Outline

The Bill amends criminal offences in Education, Training and Youth Affairs portfolio legislation to ensure there is a smooth transition to the application of the Criminal Code Act 1995 . Specifically the Bill will amend provisions relating to offences contained in the Higher Education Funding Act 1988 and the Student Assistance Act 1973 to ensure that the relevant offences continue to have the same meaning and to operate in the same manner as they do at present.

The Criminal Code contains a standard approach to the formulation of criminal offences. Offences developed over many years as part of Commonwealth statute law are by no means standard and it is therefore necessary to make adjustments for when the Criminal Code applies to all Commonwealth offences on 15 December 2001 (as provided for in the Criminal Code Act 1995 ). The Bill is one of a number, which have been or are being prepared in relation to offences under Acts administered by other Ministers.

Financial impact

As the Bill makes consequential amendments to the criminal law there is no financial impact.


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