Commonwealth: Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (Cth)

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 Act No. 143 of 2001 as amended This compilation was prepared on 7 August 2002 [This Act was amended by Act No. 63 of 2002] Amendments from Act No. 63 of 2002 [Schedule 2 (item 33) amended Item 28 of Schedule 2 Schedule 2 (item 34) amended Item 44 of Schedule 2 Schedule 2 (items 33 and 34) commenced on 2 October 2001] Prepared by the Office of Legislative Drafting, Attorney‑General's Department, Canberra Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s).................................. 4 Application of Amendments........................ Schedule 1—Airports Act 1996 Schedule 2—Navigation Act 1912 Schedule 3—Amendment of other transport legislation Adelaide Airport Curfew Act 2000 Aircraft Noise Levy Collection Act 1995 Air Navigation Act 1920 Air Services Act 1995 Civil Aviation Act 1988 Civil Aviation (Carriers' Liability) Act 1959 Explosives Act 1961 International Air Services Commission Act 1992 Interstate Road Transport Act 1985 Lighthouses Act 1911 Maritime College Act 1978 Motor Vehicle Standards Act 1989 Port Statistics Act 1977 Protection of the Sea (Civil Liability) Act 1981 Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 Protection of the Sea (Powers of Intervention) Act 1981 Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Protection of the Sea (Shipping Levy Collection) Act 1981 Shipping Registration Act 1981 Ships (Capital Grants) Act 1987 Submarine Cables and Pipelines Protection Act 1963 Sydney Airport Curfew Act 1995 Schedule 4—Amendment of territories and regional services legislation Albury‑Wodonga Development Act 1973 Ashmore and Cartier Islands Acceptance Act 1933 Australian Antarctic Territory Act 1954 Australian Capital Territory Taxation (Administration) Act 1969 Canberra Water Supply (Googong Dam) Act 1974 Christmas Island Act 1958 Cocos (Keeling) Islands Act 1955 Heard Island and McDonald Islands Act 1953 Jervis Bay Territory Acceptance Act 1915 Norfolk Island Act 1979 Pay‑roll Tax (Territories) Assessment Act 1971 Schedule 5—Amendment of road transport legislation Road Transport Reform (Dangerous Goods) Act 1995 Road Transport Reform (Heavy Vehicles Registration) Act 1997 Road Transport Reform (Vehicles and Traffic) Act 1993 An Act relating to the application of the Criminal Code to certain offences, and for related purposes [Assented to 1 October 2001] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001. 2 Commencement This Act commences on the day after the day on which it receives the Royal Assent. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 4 Application of Amendments (1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences. (2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences. Schedule 1—Airports Act 1996 1 Section 5 Insert: engage in conduct means: (a) do an act; or (b) omit to perform an act. 2 After section 10 Insert: 10A Application of the Criminal Code Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 3 Subsection 29(2) Repeal the subsection, substitute: Offence (2) A person commits an offence if: (a) the person is subject to a requirement to transfer a lease under subsection (1) or (1A); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 400 penalty units. Strict liability (2A) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 4 Subsection 32(3) Repeal the subsection, substitute: Offence (3) A company commits an offence if: (a) the company is subject to a requirement under subsection (1) or (2); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 2,000 penalty units. Strict liability (3A) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 5 Subsection 42(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is required to take steps under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 500 penalty units. 6 Subsection 46(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is required to take steps under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 500 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 7 Subsection 52(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is required to take steps under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 500 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 8 Subsection 56(2) Repeal the subsection, substitute: (2) A person commits an offence if: (a) the person is required to take steps under subsection (1); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 400 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 9 Subsection 60(4) Repeal the subsection, substitute: Offence (4) A person commits an offence if: (a) the person is required to keep and retain records and to give information under subsection (1); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 50 penalty units. Strict liability (4A) Strict liability applies to paragraph (4)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 10 Subsection 75(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is required to give the Minister a draft master plan under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 11 Subsection 76(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is required to give the Minister a draft master plan under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 12 Subsection 78(3) Repeal the subsection, substitute: (3) A company commits an offence if: (a) the company is required to give the Minister a draft master plan under subsection (2); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (4) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 13 Subsection 81(9) Repeal the subsection, substitute: (9) A company commits an offence if: (a) the company is subject to a direction under subsection (8); and (b) the company engages in conduct; and (c) the company's conduct contravenes the direction. Penalty: 250 penalty units. 14 Subsection 85(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is required to give a written notice under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 100 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 15 Subsection 86(3) Repeal the subsection, substitute: (3) A company commits an offence if: (a) the company is subject to a requirement to publish a notice and make a plan or variation available for inspection under subsection (2); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (4) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 16 Subsection 90(3) Repeal the subsection, substitute: (3) A company commits an offence if: (a) the company is subject to a requirement under subsection (1) or (2); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 2,000 penalty units. Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c) and (d) (see subsection 13.3(3) of the Criminal Code). (3A) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 17 Subsection 90(6) Repeal the subsection, substitute: (6) A person commits an offence if: (a) the person is subject to a requirement under subsection (4) or (5); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 400 penalty units. Note: A defendant bears an evidential burden in relation to the matters in paragraphs (4)(c) and (d) (see subsection 13.3(3) of the Criminal Code). (7) Strict liability applies to paragraph (6)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 18 Subsection 96(3) Repeal the subsection, substitute: (3) A company commits an offence if: (a) the company is required to publish a notice and make a plan or variation available for inspection under subsection (2); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (4) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 19 Subsection 99(2) Repeal the subsection, substitute: Offence (2) A company commits an offence if: (a) the company is subject to a requirement under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c) and (d) (see subsection 13.3(3) of the Criminal Code). (2A) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 20 Subsection 99(4) Repeal the subsection, substitute: Offence (4) A person commits an offence if: (a) the person is subject to a requirement under subsection (3); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 50 penalty units. Note: A defendant bears an evidential burden in relation to the matters in paragraphs (3)(c) and (d) (see subsection 13.3(3) of the Criminal Code). (5) Strict liability applies to paragraph (4)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 21 Section 102 Repeal the section, substitute: 102 Offence of contravening conditions (1) A person commits an offence if: (a) the person has been granted approval under the regulations for the purposes of this Subdivision; and (b) the person engages in conduct; and (c) the person's conduct contravenes a condition of the approval. Penalty: 50 penalty units. (2) Strict liability applies to paragraph (1)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 22 Subsection 103(3) Repeal the subsection, substitute: (3) A person commits an offence if: (a) the person is subject to a direction under subsection (1); and (b) the person engages in conduct; and (c) the person's conduct contravenes the direction. Penalty: 50 penalty units. 23 Subsection 106(3) Omit "intentionally or recklessly". 24 At the end of subsection 106(3) Add: Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c), (d) and (e) (see subsection 13.3(3) of the Criminal Code). 25 Subsection 106(6) Omit "intentionally or recklessly". 26 At the end of subsection 106(6) Add: Note: A defendant bears an evidential burden in relation to the matters in paragraphs (4)(c), (d) and (e) (see subsection 13.3(3) of the Criminal Code). 27 Section 108 Repeal the section, substitute: 108 Offence of contravening conditions A person commits an offence if: (a) the person has been issued with a certificate of compliance under regulations made for the purposes of this Subdivision; and (b) the person engages in conduct, whether before or after the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration concerned is first occupied or used; and (c) the person's conduct contravenes a condition of the certificate. Penalty: 50 penalty units. 28 Subsection 109(3) Repeal the subsection, substitute: (3) A person commits an offence if: (a) the person is subject to a direction under this section; and (b) the person engages in conduct; and (c) the person's conduct contravenes the direction. Penalty: 50 penalty units. 29 Subsection 120(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is required to give the Minister a draft environment strategy under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 30 Subsection 121(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is required to give the Minister a draft environment strategy under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 31 Subsection 123(3) Repeal the subsection, substitute: (3) A company commits an offence if: (a) the company is subject to a direction under subsection (2); and (b) the company engages in conduct; and (c) the company's conduct contravenes the direction. Penalty: 250 penalty units. 32 Subsection 126(9) Repeal the subsection, substitute: (9) A company commits an offence if: (a) the company is subject to a direction under subsection (8); and (b) the company engages in conduct; and (c) the company's conduct contravenes the direction. Penalty: 250 penalty units. 33 Subsection 131(3) Repeal the subsection, substitute: (3) A company commits an offence if: (a) the company is required to publish a notice and make a strategy or variation available for inspection and purchase by members of the public under subsection (2); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (4) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 34 Subsection 131B(1) Omit "must not, by act or omission, directly or indirectly cause", substitute "commits an offence if the person engages in conduct that directly or indirectly results in". Note: The heading to section 131B is altered by omitting "of causing" and substituting "resulting in". 35 At the end of subsection 131B(1) Add: Penalty: 500 penalty units. 36 Subsection 131B(2) Repeal the subsection. 37 Subsection 131C(1) Omit "must not, by act or omission, directly or indirectly cause", substitute "commits an offence if the person engages in conduct that directly or indirectly results in". Note: The heading to section 131C is altered by omitting "of causing" and substituting "resulting in". 38 At the end of subsection 131C(1) Add: Penalty: 200 penalty units. 39 Subsection 131C(2) Repeal the subsection. 40 Subsection 131D(1) Omit "must not, by act or omission, directly or indirectly cause", substitute "commits an offence if the person engages in conduct that directly or indirectly results in". Note: The heading to section 131D is altered by omitting "of causing" and substituting "resulting in". 41 Subsection 131D(1) Omit "if the act or omission is not authorised by or under this Act or another law of the Commonwealth". 42 At the end of subsection 131D(1) Add: Penalty: 50 penalty units. 43 Subsection 131D(2) Repeal the subsection. 44 Subsection 131D(3) Omit all the words from and including "an act" to and including "omission" (second occurring), substitute "conduct of a person, even if the conduct". 45 Subsection 141(6) Repeal the subsection, substitute: Offence (6) A company commits an offence if: (a) the company is subject to a requirement under this section; and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 100 penalty units. Strict liability (6A) Strict liability applies to paragraph (6)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 46 Subsection 142(4) Repeal the subsection, substitute: Offence (4) A company commits an offence if: (a) the company is required to make arrangements under subsection (3); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 100 penalty units. Strict liability (4A) Strict liability applies to paragraph (4)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 47 Subsection 142(6) Repeal the subsection, substitute: Offence (6) A person commits an offence if: (a) the person is required to give a company a certificate under subsection (5); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 50 penalty units. Strict liability (7) Strict liability applies to paragraph (6)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 48 Subsection 143(3) Repeal the subsection, substitute: Offence (3) A company commits an offence if: (a) the company is subject to a requirement under this section; and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 100 penalty units. Strict liability (4) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 49 Subsection 145(2) Repeal the subsection, substitute: Offence (2) A company commits an offence if: (a) the company is subject to a requirement under the regulations to give the ACCC written reports about the airport; and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 50 penalty units. (2A) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 50 Subsection 146(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is subject to a requirement under the regulations to keep and retain records; and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 50 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 51 Subsection 156(5) Repeal the subsection, substitute: Offence (5) A company commits an offence if: (a) the company is subject to a requirement under the regulations to keep and retain records and give information to the ACCC; and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 50 penalty units. Strict liability (5A) Strict liability applies to paragraph (5)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 52 Section 167 Repeal the section, substitute: 167 Compliance by airport operators with regulations (1) An operator of an airport commits an offence if: (a) the operator is subject to a requirement under the regulations made for the purposes of section 166 and the regulations declare that this section applies to that provision; and (b) the operator engages in conduct; and (c) the operator's conduct contravenes the requirement. Penalty: 250 penalty units. (2) Strict liability applies to paragraph (1)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 53 Subsection 183(2) Repeal the subsection, substitute: (2) A person commits an offence if: (a) the person is subject to a requirement under subsection (1); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 250 penalty units. Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c) and (d) (see subsection 13.3(3) of the Criminal Code). (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 54 Section 185 Repeal the section, substitute: 185 Offence of contravening conditions (1) A person commits an offence if: (a) the person has been granted an approval under regulations made for the purposes of this Division; and (b) the person engages in conduct, whether before or after completion of the controlled activity concerned; and (c) the person's conduct contravenes a condition of the approval. Penalty: 250 penalty units. (2) Strict liability applies to paragraph (1)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 55 Subsection 186(2) Repeal the subsection, substitute: Offence (2) A person commits an offence if: (a) the person is subject to a requirement under the regulations to give information to the operator of an airport; and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 50 penalty units. Strict liability (2A) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 56 Section 208 Repeal the section, substitute: 208 Compliance with demand management schemes A person commits an offence if: (a) the person is subject to a provision of a demand management scheme and the scheme declares that this section applies to that provision; and (b) the person engages in conduct; and (c) the person's conduct contravenes the provision. Penalty: 250 penalty units. 57 Subsection 216(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is subject to a requirement under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c), (d) and (e) (see subsection 13.3(3) of the Criminal Code). (2A) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 58 Subsection 224(6) Repeal the subsection, substitute: Extended meaning of offence against this Act (6) A reference in this section to an offence against this Act includes a reference to: (a) an offence created by section 6 of the Crimes Act 1914 that relates to this Act; and (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Act. 59 Subsection 228(2) Repeal the subsection, substitute: (2) A person commits an offence if: (a) the person is subject to a requirement under subsection (1); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: Imprisonment for 6 months. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 60 Subsection 230(2) Repeal the subsection, substitute: (2) A company commits an offence if: (a) the company is subject to a requirement under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 150 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 61 Section 231 Repeal the section, substitute: 231 False or misleading audit certificates A person commits an offence if: (a) the person gives a certificate in relation to a company's accounts and statements and that company is an airport operator company; and (b) the person does so reckless as to whether the certificate: (i) is false or misleading in a material particular; or (ii) omits any matter or thing without which the certificate is misleading in a material particular. Penalty: Imprisonment for 6 months. 62 Subsection 234(4) Repeal the subsection, substitute: (4) A person commits an offence if: (a) the person is required to return his or her identity card under subsection (3); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 5 penalty units. (5) Subsection (4) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). (6) Strict liability applies to paragraph (4)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 63 Subsection 237(3) Repeal the subsection, substitute: (3) A person commits an offence if: (a) the person is subject to a requirement under subsection (2); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: Imprisonment for 6 months. (3A) Subsection (3) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code). (3B) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. \ Schedule 2—Navigation Act 1912 1 After section 4 Insert: 5 Application of the Criminal Code Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 2 Subsection 6(1) Insert: engage in conduct means: (a) do an act; or (b) omit to perform an act. 3 At the end of section 8B Add: (5) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 4 After subsection 14(8) Insert: (8A) An offence under subsection (8) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 5 After subsection 14(11) Insert: (11A) An offence under subsection (11) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 6 Section 17 Omit ", without reasonable excuse,". 7 At the end of section 17 Add: (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 8 At the end of section 52 Add: (2) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 9 Subsection 53(2) Repeal the subsection, substitute: (2) A person commits an offence if: (a) a copy of an agreement has been posted under subsection (1); and (b) the person does an act; and (c) the act results in the defacing or destruction of the agreement. Penalty: $500. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 10 Paragraph 68(1)(a) Omit "knowingly". 11 Section 99 Repeal the section, substitute: 99 Conduct likely to result in danger to ship or life The master or seaman of a ship commits an offence if: (a) the master or seaman engages in conduct; and (b) the master or seaman: (i) is in breach of his or her duty; or (ii) is drunk at the time of the conduct; and (c) the conduct is likely to result in: (i) the immediate loss, destruction or serious damage to the ship or cargo of the ship; or (ii) immediate danger to the life or limb of a person belonging to or on board the ship. Penalty: $5,000 or imprisonment for 2 years. 12 After subsection 132(5) Insert: (5A) An offence under subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 13 After subsection 132A(2) Insert: (2A) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 14 At the end of section 148C Add: (6) An offence under subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 15 After subsection 152(1) Insert: (1A) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 16 After subsection 152(2) Insert: (2A) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 17 Paragraph 164(2)(c) Omit "conceal", substitute "engage in conduct that results in the concealment of". 18 Subsection 172(1) Repeal the subsection, substitute: (1) A person commits an offence if: (a) the person does an act; and (b) the act results in: (i) the destruction or mutilation of an official log‑book or an entry in an official log‑book; or (ii) an entry in an official log‑book being rendered illegible. Penalty: $5,000 or imprisonment for 2 years, or both. (2) A person commits an offence if: (a) the person makes or signs an entry in an official log‑book, knowing that the entry is false or fraudulent; or (b) omits to make an entry in an official log‑book, knowing that the omission will result in the log‑book being false or fraudulent. Penalty: $5,000 or imprisonment for 2 years, or both. 19 Section 186E Repeal the section, substitute: 186E Unqualified person performing duties of licensed pilot (1) A person commits an offence if: (a) the person makes a representation that the person is a licensed pilot; and (b) the person is not a licensed pilot. Penalty: 20 penalty units. (2) A person commits an offence if: (a) the person performs duties; and (b) the duties are those of a licensed pilot under the regulations; and (c) the person is not a licensed pilot. Penalty: 20 penalty units. (3) Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) Strict liability applies to paragraph (2)(b). Note: For strict liability, see section 6.1 of the Criminal Code. (5) A person commits an offence if: (a) the person takes a person into employment to perform duties; and (b) the duties are those of a licensed pilot under the regulations; and (c) the person is not a licensed pilot. Penalty: 20 penalty units. (6) Strict liability applies to paragraph (5)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 20 At the end of section 188 Add: (5) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 21 Subsection 190AA(4) Omit ", without reasonable excuse,". 22 After subsection 190A(1A) Insert: (1B) An offence under subsection (1A) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 23 At the end of section 190AA Add: (5) Subsection (4) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). (6) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 24 Paragraph 191B(1)(b) Omit "without reasonable cause". 25 After subsection 191B(1) Insert: (1A) Subsection (1) does not apply if the owner or master has reasonable cause. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). (1B) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 26 Subsection 191B(2) Repeal the subsection, substitute: (2) A person commits an offence if: (a) a ship other than a Safety Convention ship has been marked with a subdivision load line mark; and (b) the person engages in conduct; and (c) the person's conduct results in the concealment, removal, alteration, defacing or obliteration of any such mark. Penalty: $5,000 or imprisonment for 2 years, or both. (3) Subsection (2) does not apply if the person has reasonable cause. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). 27 At the end of section 206H Add: (3) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 28 Subsection 208(1) Omit ", unless that person proves that he or she used all reasonable means to insure the seaworthiness of the ship,". 29 After subsection 208(1) Insert: (1A) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that he or she used all reasonable means to ensure the seaworthiness of the ship. Note: The defendant bears a legal burden in relation to the matter in subsection (1A) (see section 13.4 of the Criminal Code). 30 Subsection 208(2) Omit "knowingly takes a ship to sea", substitute "takes a ship to sea, reckless as to whether the ship is". 31 After subsection 217(1) Insert: (1A) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 32 At the end of section 217 Add: (4) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 33 After subsection 221(1C) Insert: (1D) An offence under subsection (1C) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 34 After subsection 221(4) Insert: (4A) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 35 At the end of section 221 Add: (9) An offence under subsection (8) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 36 Subsection 227B(1) Omit ", except as permitted by or under the regulations". 37 After subsection 227B(1) Insert: (1A) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 38 At the end of section 227B Add: Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see subsection 13.4 of the Criminal Code). 39 Subsection 227D(1) Omit ", except with reasonable cause,". 40 Subsection 227D(2) Repeal the subsection, substitute: (2) Subsection (1) does not apply if the owner or master has reasonable cause. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) A person commits an offence if: (a) a ship, other than a non‑Australian Load Line Convention ship, has been marked with deck lines and load lines; and (b) the person engages in conduct; and (c) the person's conduct results in the concealment, removal, alteration, defacing or mutilation of any such mark. Penalty: $5,000 or imprisonment for 2 years, or both. 41 Subsections 253(1) and (2) Omit "knowingly". 42 Subsection 264(2) Omit ", without reasonable cause,". 43 After subsection 264(2) Insert: (2A) Subsection (2) does not apply if the person has reasonable cause. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). 44 Subsection 265(1) Omit ", unless he or she is unable so to do or, in the special circumstances of the case, considers it unreasonable or unnecessary so to do,". 45 After subsection 265(1) Insert: (1A) Subsection (1) does not apply if the master is unable to do so or, in the special circumstances of the case, considers it unreasonable or unnecessary to do so. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). 46 After subsection 267D(2) Insert: (3) An offence under subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 47 At the end of section 267E Add: (3) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 48 After subsection 267K(4) Insert: (4A) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 49 After subsection 267S(2) Insert: (3) An offence under subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 50 At the end of section 267T Add: (3) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 51 After subsection 267Y(4) Insert: (4A) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 52 After subsection 267ZJ(2) Insert: (2A) An offence under subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 53 At the end of section 267ZK Add: (3) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 54 After subsection 267ZQ(4) Insert: (4A) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 55 After subsection 269N(1) Insert: (1A) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 56 At the end of section 269N Add: Note: The defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code). 57 Section 275 Repeal the section, substitute: 275 Passenger landed elsewhere than at destination (1) The master or owner of a ship commits an offence if: (a) the master or owner engages in conduct; and (b) the conduct results in a passenger on the ship being landed from the ship at a port other than the port at which the passenger contracted to land. Penalty: $1,000. (2) Subsection (1) does not apply if: (a) the passenger consents to being landed from the ship as mentioned in paragraph (1)(b); or (b) it is an unavoidable necessity that the passenger be landed as mentioned in paragraph (1)(b). Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code). 58 Subsection 278(1) Repeal the subsection, substitute: (1) A passenger or other person on board a ship must not do an act that results in: (a) the obstruction of any part of the machinery or equipment of the ship; or (b) the obstruction or molestation of the master or crew of the ship in the execution of their duty. Penalty: $1,000. 59 Subsection 278(3) (penalty) Repeal the penalty. 60 At the end of section 278 Add: (4) A person commits an offence if: (a) the person is subject to a requirement under subsection (3) to give his or her true name and address; and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: $500. 61 Paragraph 282(1)(d) Omit "knowingly". 62 Paragraph 282(1)(e) Omit "knowingly and wilfully". 63 At the end of section 283F Add: (4) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 64 At the end of section 283G Add: (5) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 65 Subsection 287(1) Repeal the subsection, substitute: (1) The master, owner and agent of a ship commit an offence if: (a) any one or more of the master, owner and agent engage in conduct; and (b) the ship: (i) is receiving, directly or indirectly, any subsidy or bonus from the Government of a country other than Australia; or (ii) is to receive such a subsidy or bonus under an arrangement; or (iii) has received such a subsidy or bonus in the 12 months immediately preceding the conduct; and (c) the conduct results in the ship engaging in the coasting trade. Penalty: $5,000. (1A) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 66 At the end of section 288 Add: (8) An offence under subsection (1) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 67 Section 293 Omit all the words after "Part" (first occurring) to and including "Part,". 68 Subsection 296(2) Omit "wilfully". 69 Subsection 297(2) Omit "without reasonable cause". 70 At the end of section 297 Add: (3) Subsection (2) does not apply if the person has reasonable cause. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). 71 Subsection 298(3) Repeal the subsection, substitute: (3) A person commits an offence if the person engages in conduct, and the conduct results in: (a) the impeding of any person in the exercise of the rights given by this section; or (b) the impeding of the deposit of any wreck on the land; or (c) the prevention of any wreck from remaining so deposited until it can be removed to a safe place. Penalty: $500. 72 Subsection 313(1) Omit ", without the leave of the master or the authority of this or any Act,". 73 After subsection 313(1) Insert: (1A) Subsection (1) does not apply if the person has the leave of the master of the ship concerned. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). 74 Section 314 Repeal the section, substitute: 314 Offences as to wreck A person commits an offence if the person engages in conduct, and the conduct results in: (a) the impeding of the saving of any ship stranded or in distress, or of any wreck; or (b) the secreting of any wreck, or the defacing or obliteration of any marks on any wreck; or (c) the wrongful removal of any wreck. Penalty: $2,000. 75 After subsection 386B(1) Insert: (1A) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 76 After subsection 386E(2) Insert: (2A) An offence under subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 77 Subsection 386G(4) Omit ", without reasonable excuse,". 78 At the end of section 386G Add: (5) Subsection (4) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). 79 Subsection 388(1) Omit "without reasonable excuse or the permission of the master". 80 After subsection 388(1) Insert: (1A) Subsection (1) does not apply if the person has a reasonable excuse or has the permission of the master of the ship concerned. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). 81 Section 389 Omit "knowingly". 82 Paragraph 389A(1)(a) Omit "knowingly". 83 Subsection 389A(4) Insert: (4A) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 84 Subsection 405K(2) Omit ", without reasonable excuse,". 85 At the end of section 405K Add: (3) Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 86 Subsection 413(2) Omit ", without just cause,". 87 At the end of section 413 Add: (3) Subsection (2) does not apply if the person has just cause. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). 88 At the end of section 415 Add: (2) An offence under subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 89 After subsection 421(4) Insert: (4A) An offence under subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 90 Subsection 421(5) Repeal the subsection, substitute: (5) A person commits an offence if: (a) the person is subject to a requirement under subsection (3) to comply with a condition; and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: Imprisonment for 4 years. (5A) Strict liability applies to paragraph (5)(a). Note: For strict liability, see section 6.1 of the Criminal Code. Schedule 3—Amendment of other transport legislation Adelaide Airport Curfew Act 2000 1 After section 5 Insert: 5A Application of the Criminal Code Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 2 Section 6 Repeal the section, substitute: 6 Prohibition on taking off or landing during curfew periods (1) The operator of an aircraft commits an offence if: (a) the operator engages in conduct; and (b) the conduct results in an aircraft taking off or landing at Adelaide Airport during a curfew period. Penalty: 200 penalty units. Note: Part IA of the Crimes Act 1914 contains provisions dealing with penalties. (2) Subsection (1) does not apply if the take off or landing is permitted under Part 3. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 3 Subsection 19(2) Repeal the subsection, substitute: (2) An operator commits an offence if: (a) the operator is subject to a notice under subsection (1); and (b) the operator engages in conduct; and (c) the operator's conduct contravenes the notice. Penalty: 50 penalty units. Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914). Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914. 4 At the end of section 19 Add: (4) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 5 Section 20 Repeal the section, substitute: 20 Provision of false information An operator is guilty of an offence if: (a) the operator gives information to an authorised person; and (b) the operator does so reckless as to whether that information is false or misleading in a material particular. Penalty: 50 penalty units. Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914). Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914. 6 Subsection 23(5) (definition of offence against this Act) Repeal the definition, substitute: offence against this Act includes the following: (a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against this Act; (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code. Aircraft Noise Levy Collection Act 1995 7 At the end of Part 1 Add: 5A Application of the Criminal Code Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 8 Subsection 15(1) Omit ", without reasonable excuse, refuse or fail", substitute "fail". 9 After subsection 15(1) Insert: (1A) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). 10 Paragraph 16(1)(b) Omit "knowingly" (wherever occurring). Air Navigation Act 1920 11 At the end of Part 1 Add: 3AG Application of the Criminal Code Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 12 Subsection 10(2) Omit "intentionally or recklessly". 13 Subsection 10(2) Omit ", unless the operator or the pilot in command, as the case may be, has a reasonable excuse,". 14 At the end of section 10 Add: (3) Subsection (2) does not apply if the operator or the pilot in command, as the case may be, has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). 15 Subsection 12(1A) Omit "intentionally or recklessly". 16 Subsection 12(1A) Omit ", unless the operator has a reasonable excuse,". 17 After subsection 12(1A) Insert: (1AA) Subsection (1A) does not apply if the operator has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (1AA) (see subsection 13.3(3) of the Criminal Code). 18 Subsections 15A(1) and (2) Repeal the subsections, substitute: (1) The operator of an aircraft and the pilot in command of the aircraft commit an offence if: (a) any person engages in conduct; and (b) the person's conduct results in the aircraft taking on passengers, cargo or mail for carriage for reward in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight. Penalty: Imprisonment for 6 months. (1A) Subsection (1) does not apply if a permission for the carriage of the passengers, cargo or mail is in force and the carriage is in accordance with the permission. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). (2) The operator of an aircraft and the pilot in command of the aircraft commit an offence if: (a) any person engages in conduct; and (b) the person's conduct results in the aircraft discharging passengers, cargo or mail carried for reward in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight. Penalty: Imprisonment for 6 months. (2A) Subsection (2) does not apply if a permission for the carriage of the passengers, cargo or mail was in force and the carriage was in accordance with the permission. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). (2B) Subsections (1) and (2) do not apply if the operator or the pilot, as the case may be, has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code). (2C) Strict liability applies to paragraphs (1)(b) and (2)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 19 Subsection 15A(6) Repeal the subsection. 20 At the end of section 15A Add: (9) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 21 Subsections 17(1) and (1A) Repeal the subsections, substitute: (1) The operator of an aircraft and the pilot in command of the aircraft commit an offence if: (a) any person engages in conduct; and (b) the person's conduct results in the aircraft arriving in Australian territory from a place outside Australian territory or departing from Australian territory for a place outside Australian territory. Penalty: Imprisonment for 6 months. (1A) Subsection (1) is subject to this section and section 14. (1AA) Subsection (1) does not apply if the arrival or departure concerned is: (a) with the permission of the Secretary; or (b) in accordance with an international airline licence or a permission under section 15D; or (c) authorised by a determination by the Secretary under subsection (1B). Note: A defendant bears an evidential burden in relation to the matters in subsection (1AA) (see subsection 13.3(3) of the Criminal Code). (1AB) Subsection (1) does not apply if the operator or the pilot, as the case may be, has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (1AB) (see subsection 13.3(3) of the Criminal Code). (1AC) Strict liability applies to paragraph (1)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 22 At the end of section 17 Add: (3) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 23 Subsections 19BA(3), (5) and (7) Omit "intentionally or recklessly". 24 Subsection 19BC(3) Omit "intentionally or recklessly". 25 Subsection 19CC(4) Omit ", without reasonable excuse". 26 Paragraph 19CC(4)(c) Omit "refuse or". 27 After subsection 19CC(4) Insert: (4A) Subsection (4) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code). (4B) An offence under paragraph (4)(a), (c) or (d) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 28 Section 19CS Repeal the section, substitute: 19CS Offence of making false statements in applications for warrant An investigator is guilty of an offence if: (a) the investigator makes a statement; and (b) the investigator does so knowing that the statement is false or misleading in a material particular; and (c) the statement is made in an application for a warrant. Penalty: Imprisonment for 6 months. 29 Subsection 19FJ(2) Omit "intentionally or recklessly". 30 At the end of section 19GD Add: (4) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 31 Section 19HK Omit "intentionally or recklessly". 32 Subsection 24A(9) Repeal the subsection, substitute: (9) A reference in this section to an offence against this Act includes: (a) an offence created by section 6 of the Crimes Act 1914 that relates to this Act; and (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Act. Air Services Act 1995 33 At the end of Part 1 Add: 6A Application of the Criminal Code Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 34 Subsection 70(1) Omit "without the prior approval of an authorised employee". 35 After subsection 70(1) Insert: (1A) Subsection (1) does not apply if the person has the prior approval of an authorised employee. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). 36 Subsection 71(1) Repeal the subsection, substitute: (1) A person who knows that a statutory lien is in effect in respect of an aircraft must not detach any part or equipment from the aircraft. Penalty: Imprisonment for 2 years. (1A) Subsection (1) does not apply if the person has the prior approval of an authorised employee. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). 37 Subsection 76(6) (paragraph (b) of the definition of offence against this Act) Omit "section 6, 7 or 7A of the Crimes Act 1914", substitute "section 6 of the Crimes Act 1914". 38 Subsection 76(6) (paragraph (c) of the definition of offence against this Act) Repeal the paragraph, substitute: (c) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence against this Act or the regulations. Civil Aviation Act 1988 39 At the end of Part I Add: 7A Application of the Criminal Code Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 40 At the end of section 19 Add: (4) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 41 Section 20A Repeal the section, substitute: 20A Reckless operation of aircraft (1) A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the life of another person. (2) A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the person or property of another person. 41A Subsection 21(8) Repeal the subsection, substitute: (8) A person must not fail to comply with a direction contained in a notice under this section. Penalty: Imprisonment for 12 months. (8A) Subsection (8) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code). 42 Subsection 23(2) Omit "knowingly or recklessly". 43 Section 29 Repeal the section, substitute: 29 Offences in relation to aircraft (1) The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she: (a) operates the aircraft or permits the aircraft to be operated; and (b) the operation of the aircraft results in: (i) the use by the aircraft of an aerodrome in contravention of a condition specified under section 20; or (ii) the aircraft being flown or operated in contravention of a provision of this Part (other than subsection 20A(1) or 23(1)), or of a direction given or condition imposed, under such a provision. Penalty: Imprisonment for 2 years. (2) Strict liability applies to subparagraphs (1)(b)(i) and (ii). Note: For strict liability, see section 6.1 of the Criminal Code. (3) The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she: (a) operates the aircraft or permits the aircraft to be operated; and (b) the operation of the aircraft results in a contravention of subsection 20A(1). Penalty: Imprisonment for 5 years. (4) Strict liability applies to paragraph (3)(b). Note: For strict liability, see section 6.1 of the Criminal Code. (5) The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she: (a) operates the aircraft or permits the aircraft to be operated; and (b) the operation of the aircraft results in a contravention of subsection 23(1) or a condition imposed under that subsection. Penalty: Imprisonment for 7 years. (6) Strict liability applies to paragraph (5)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 44 Subsection 32AB(3) Omit ", without reasonable excuse,". 45 At the end of section 32AB Add: (4) Subsection (3) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code). (5) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 46 Subsection 32AK(2) Omit ", without reasonable excuse,". 47 At the end of section 32AK Add: (3) Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 48 Paragraph 97A(9)(b) Omit "section 5, 6, 7 or 7A, or subsection 86(1),", substitute "section 6". 49 At the end of section 97A Add: ; and (c) an offence created by Part 2.4 of the Criminal Code being an offence that relates to this Act or the regulations. Civil Aviation (Carriers' Liability) Act 1959 50 After section 5 Insert: 5A Application of the Criminal Code Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 51 Subsection 41F(9) Omit "section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914", substitute "section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code". Explosives Act 1961 52 At the end of Part I Add: 7A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. International Air Services Commission Act 1992 53 At the end of Part 1 Add: 5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 54 Subsection 33(3) Omit "knowingly or recklessly". 55 Section 35 Repeal the section, substitute: 35 Failure of witness to attend (1) A person summoned to appear as a witness before the Commission must not: (a) fail to attend as required by the summons; or (b) fail to appear and report from day to day. Penalty: $3,000. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) An offence under paragraph (1)(a) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) Paragraph (1)(b) does not apply if the person is excused or released from further attendance by a member of the Commission. Note: A defendant bears