Commonwealth: Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001 (Cth)

Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001 Act No. 31 of 2001 as amended This compilation was prepared on 7 August 2002 [This Act was amended by Act No. 117 of 2001 and Act No. 63 of 2002] Amendments from Act No. 117 of 2001 [Schedule 2 (items 1 to 24, 26 to 44, 46 to 54) repealed Schedule 1 (items 14, 42, 46, 52, 57, 91, 96, 98, 100, 102, 104, 106, 109, 111, 113, 117, 119, 122, 124, 126, 128, 130, 134, 144, 147, 149, 151, 153, 155, 159, 161, 166, 170, 174, 178, 180, 183, 186, 188, 190, 197, 204, 217, 220, 223, 225, 229, 231, 233, 235, 237 and 239); Schedule 2 (items 25 and 45) repealed and substituted Schedule 1 (items 145, and 218) Schedule 2 commenced on 15 December 2001] Amendment from Act No. 63 of 2002 [Schedule 2 (item 35) amended Item 242 of Schedule 1 Schedule 2 (item 35) commenced on 15 December 2001] Prepared by the Office of Legislative Drafting, Attorney‑General's Department, Canberra Contents 1 Short title [see Note 1]........................... 2 Commencement [see Note 1]....................... 3 Schedule(s).................................. Schedule 1—Amendment of Acts Financial Sector Shareholdings Act 1998 Foreign Acquisitions and Takeovers Act 1975 Insurance Act 1973 Insurance Acquisitions and Takeovers Act 1991 Life Insurance Act 1995 Prices Surveillance Act 1983 Productivity Commission Act 1998 Retirement Savings Accounts Act 1997 Superannuation Industry (Supervision) Act 1993 Trade Practices Act 1974 Schedule 2—Amendment of the Corporations Law Notes to the Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001 An Act relating to the application of the Criminal Code to certain offences, and for other purposes 1 Short title [see Note 1] This Act may be cited as the Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001. 2 Commencement [see Note 1] (1) Sections 1, 2 and 3 and items 1 to 4 (inclusive) of Schedule 1, and Schedule 2, to this Act commence on the day on which this Act receives the Royal Assent. (2) If section 9A of the Superannuation Industry (Supervision) Act 1993 commences before the day on which this Act receives the Royal Assent, items 171 and 172 of Schedule 1 to this Act commence on that day. (3) If subsection (2) does not apply, items 171 and 172 of Schedule 1 to this Act commence immediately after section 9A of the Superannuation Industry (Supervision) Act 1993 commences. (4) The remaining items of Schedule 1 to this Act commence on the day specified in subsection 2.2(2) of the Criminal Code. 3 Schedule(s) (1) Subject to section 2, the Corporations Law set out in section 82 of the Corporations Act 1989 is amended as set out in Schedule 2 to this Act, and any other item in that Schedule has effect according to its terms. (2) Subject to section 2, each Act that is specified in another Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in that Schedule has effect according to its terms. Schedule 1—Amendment of Acts Financial Sector Shareholdings Act 1998 1 Paragraph 24(3)(b) After "the person", insert "intentionally or". 2 At the end of section 24 Add: (4) For the purposes of subsection (3), a person is taken to be reckless if: (a) the person is aware of a substantial risk that anything done or not done by the person will constitute a contravention of a requirement under this section; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk. (5) The question whether taking a risk is unjustifiable is one of fact. 3 Paragraph 26(4)(b) After "the person", insert "intentionally or". 4 After subsection 26(4) Insert: (4A) For the purposes of subsection (4), a person is taken to be reckless if: (a) the person is aware of a substantial risk that anything done or not done by the person will constitute a contravention of a requirement covered by paragraph (1)(a), (b) or (c); and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk. (4B) The question whether taking a risk is unjustifiable is one of fact. Foreign Acquisitions and Takeovers Act 1975 5 Subsection 25(1C) Repeal the subsection, substitute: (1C) If the person or corporation: (a) is given an advice under subsection (1B) of a decision; and (b) carries out the proposal to which the decision relates; and (c) does or fails to do an act, resulting in a contravention of a condition set out in the advice; the person or corporation is guilty of an offence punishable on conviction, by: (d) in the case of a natural person—a fine not exceeding 500 penalty units, or imprisonment for a period not exceeding 2 years, or both; or (e) in the case of a corporation—a fine not exceeding 2,500 penalty units. (1D) If the person or corporation: (a) is given advice under subsection (1B) of a decision; and (b) carries out the proposal to which the decision relates: the Treasurer may only make an order under subsection 18(4), 19(4), 20(3), 21(3) or 21A(4) in relation to the acquisition, agreement, arrangement, issue or alteration specified in the notice if: (c) the person or corporation is convicted of an offence against subsection (1C) in relation to a condition; or (d) an order is made under section 19B of the Crimes Act 1914 in relation to the person or corporation in respect of such an offence. 6 Subsection 26(2) Omit all the words from and including "by:", substitute "by a fine not exceeding 500 penalty units or imprisonment for a period not exceeding 2 years, or both". 7 Subsection 26A(2) Omit all the words from and including "by:", substitute "by a fine not exceeding 500 penalty units or imprisonment for a period not exceeding 2 years, or both". 8 Subsection 30(4) Omit all the words from and including "by:", substitute "by a fine not exceeding 500 penalty units or imprisonment for a period not exceeding 2 years, or both". 9 Section 32 Repeal the section. 10 Subsection 36(2) Repeal the subsection, substitute: (2) A person who does not comply with a notice under subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding 20 penalty units or imprisonment for 12 months, or both. (2A) Subsection (2) does not apply if the person complies with the notice to the extent to which the person is capable of complying with it. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A), (see subsection 13.3(3) of the Criminal Code). Insurance Act 1973 11 At the end of section 21 Add: (4) Subsections (1), (2) and (3) are offences of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 12 After subsection 31(3F) Insert: (3G) Subsection (3F) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 13 At the end of subsection 34A(10) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 15 At the end of section 37 Add: (7) Subsection (6) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. Note 3: A defendant bears an evidential burden in relation to the matters in paragraphs (6)(a) and (b) (see subsection 13.3(3) of the Criminal Code). 16 At the end of section 40 Add: (6) Subsection (5) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. Note 3: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code). 17 At the end of section 44 Add: (10) Subsection (9) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 18 At the end of section 48 Add: (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 19 After subsection 48A(9) Insert: (9A) Subsection (9) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 20 After subsection 49F(11) Insert: (11A) Subsection (11) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 21 At the end of section 49J Add: (10) Subsection (9) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 22 At the end of section 49N Add: (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 23 At the end of section 51 Add: (8) Subsection (7) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 24 After subsection 62(10) Insert: (10A) Subsections (9) and (10) are offences of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. Note 3: A defendant bears an evidential burden in relation to the matter in paragraph (10)(a) (see subsection 13.3(3) of the Criminal Code). 25 After subsection 113(1) Insert: (1A) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 26 After subsection 117A(4) Insert: (4A) Subsections (3) and (4) are offences of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 27 At the end of subsection 117A(5) Add: Note: A defendant bears a legal burden in relation to the matters in subsection (5) (see section 13.4 of the Criminal Code). 28 Subsection 128(1) Omit "knowingly". Insurance Acquisitions and Takeovers Act 1991 29 At the end of section 76 Add: (10) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act. Life Insurance Act 1995 30 After subsection 16E(1) Insert: (1A) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 31 After subsection 16E(7) Insert: (7A) Subsection (7) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 32 At the end of section 16L Add: (5) Subsection (4) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 33 At the end of section 16M Add: (4) Subsection (3) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 34 At the end of section 16Q Add: (5) Subsection (4) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 35 At the end of section 16R Add: (7) Subsection (6) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 36 At the end of section 16S Add: (4) Subsection (3) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 37 At the end of section 16U Add: (5) Subsection (4) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 38 At the end of section 16V Add: (8) Subsection (7) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 39 At the end of section 16W Add: (4) Subsection (3) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 40 At the end of section 28 Add: (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 41 At the end of subsection 147(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 43 Subsection 147(3) (note) Omit "Note:", substitute "Note 1:". 44 At the end of subsection 147(3) Add: Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 45 At the end of subsection 150(10) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 47 At the end of section 151 Add: (6) Subsection (5) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 48 At the end of section 180 Add: (5) Subsection (4) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 49 At the end of subsection 216(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 50 At the end of subsection 216(5) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 51 At the end of subsection 216(9) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 53 After subsection 230F(1) Insert: (1A) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 54 After subsection 230F(3) Insert: (3A) Subsection (3) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 55 Subsections 245(2) and (3) Repeal the subsections, substitute: (2) A disqualified person must not be a director, or the principal executive officer or the appointed actuary, of a company registered under this Act. Penalty: Imprisonment for 2 years. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence. (3) A person is guilty of an offence punishable by imprisonment for a term not longer than 2 years if the person: (a) acts as a director, or the principal executive officer or the appointed actuary, of a company registered under this Act; and (b) is a disqualified person when he or she so acts. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence. (3A) For the purposes of the application of the Criminal Code in relation to subsection (3), paragraph (3)(b) is taken to be the circumstance in which the conduct described in paragraph (3)(a) occurs. 56 At the end of subsection 245(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 58 At the end of subsection 245(5) Add: Note: A defendant bears a legal burden in relation to the matter in subsection (5) (see section 13.4 of the Criminal Code). 59 Subsection 250(8) Omit "5, 6, 7 or 7A or subsection 86(1)", substitute "6". 60 At the end of section 250 Add: (9) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act. Prices Surveillance Act 1983 61 Subsection 22(1) Omit "$10,000", substitute "100 penalty units". 62 At the end of subsection 22(1) Add: Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 63 At the end of subsection 22(2) Add: Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). 64 At the end of subsection 22(3) Add: Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). 65 Subsection 24(1) Omit "$10,000", substitute "100 penalty units". 66 At the end of subsection 24(1) Add: Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 67 At the end of subsection 32(2) Add: Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 68 At the end of subsection 32(2A) Add: Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). 69 Paragraph 35(b) Omit "unless excused, or released from further attendance, by a member". 70 Section 35 Omit "$1,000", substitute "10 penalty units". 71 At the end of section 35 Add: Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Subsection (1) does not apply if the person is excused, or released from further attendance, by a member. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). 72 Subsection 36(1) Omit "$1,000", substitute "10 penalty units". 73 At the end of subsection 36(1) Add: Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 74 At the end of section 36 Add: Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code). 75 Subsection 43(1) Omit ", except in or in connection with the performance of a duty or function under or in connection with this Act or the Trade Practices Act 1974". 76 Subsection 43(1) Omit "$1,000", substitute "10 penalty units". 77 At the end of subsection 43(1) Add: Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 78 After subsection 43(1) Insert: (1A) Subsection (1) does not apply in relation to anything done by a person in or in connection with the performance of a duty or function under or in connection with this Act or the Trade Practices Act 1974. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). Productivity Commission Act 1998 79 Sections 46, 47 and 48 (note) Omit "Note:", substitute "Note 1:". 80 At the end of sections 46, 47 and 48 Add: Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 81 Paragraph 49(2)(b) Omit "unless excused, or released from further attendance, by the Chair". 82 Section 49 (note) Omit "Note:", substitute "Note 1:". 83 At the end of section 49 Add: Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3) Paragraph (1)(b) does not apply if the person is excused, or released from further attendance, by the Chair. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code) 84 Sections 50, 52 and 53 (note) Omit "Note:", substitute "Note 1:". 85 At the end of sections 50, 52 and 53 Add: Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 86 At the end of section 59 Add: (8) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act. Retirement Savings Accounts Act 1997 87 After subsection 34(3) Insert: (3A) Subsection (3) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. Note 3: A defendant bears an evidential burden in relation to the matter in paragraph (1)(b) (see subsection 13.3(3) of the Criminal Code). 88 After subsection 34(5) Insert: (5A) Subsection (5) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 89 At the end of section 35 Add: (3) Subsection (2) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 90 At the end of subsection 39(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 92 After subsection 40(1) Insert: (1A) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 93 Subsection 41(4) Repeal the subsection, substitute: (4) If: (a) a person does an act; and (b) the doing of the act results in a contravention of subsection (3); the person is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 94 At the end of section 42 Add: (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 95 At the end of subsection 44(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 97 At the end of subsection 47(3) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 99 At the end of subsection 48(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 101 At the end of subsection 49(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 103 At the end of subsection 50(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 105 At the end of subsection 51(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 107 At the end of subsection 52(3) Add: Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). 108 At the end of subsection 52(6) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 110 At the end of subsection 52(8) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 112 At the end of subsection 53(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 114 Subsection 54(1) Repeal the subsection, substitute: (1) An RSA institution must ensure that an employer who makes an application on behalf of an employee for an RSA for the employee has received documents issued, or authorised to be issued, by the RSA institution that: (a) contain all the information that the regulations referred to in section 56 require to be given to the employer; and (b) comply with the formal requirements specified in those regulations. 115 After subsection 54(1) Insert: (1A) Subsection (1) does not apply if the employer received such documents from the RSA institution in respect of another application made to the RSA institution. 116 At the end of subsection 54(4) Add: Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: A defendant bears an evidential burden in relation to the matter in subsections (1A), (2) and (3) (see subsection 13.3(3) of the Criminal Code). 118 At the end of subsection 55(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 120 Section 60 Repeal the section, substitute: 60 Effect of stop order While a stop order is in force in relation to an RSA provider, the RSA provider must not enter into a contract or agreement for provision of an RSA by the RSA provider, being reckless as to whether a stop order is so in force. Penalty: Imprisonment for 2 years. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 121 At the end of subsection 61(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 123 At the end of subsection 62(5) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 125 At the end of subsection 64(3) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 127 At the end of subsection 65(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 129 At the end of subsection 65(5) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 131 Paragraph 66(5)(c) Omit "knowingly". 132 At the end of subsection 66(5) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 133 At the end of subsection 66(9) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 135 Section 75 Omit ", intentionally or recklessly,". 136 At the end of section 75 Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 137 Subsection 77(1) Omit ", intentionally or recklessly,". 138 At the end of subsection 77(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 139 At the end of section 77 Add: (3) Subsection (2) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 140 At the end of section 96 Add: (4) Subsection (3) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 141 Subsection 108(3) Omit "knowingly". 142 At the end of subsection 108(3) Add: Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). 143 At the end of subsection 112(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 145 Section 115 Repeal the section, substitute: 115 Compliance with requirements made under this Act A person must not intentionally or recklessly refuse or fail to comply with a requirement of the Regulator, an authorised person or an inspector under this Act. Penalty: 30 penalty units. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 146 At the end of subsection 118(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 148 At the end of subsection 133(3) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 150 At the end of subsection 136(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 152 At the end of subsection 137(6) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 154 At the end of subsection 138(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 156 After subsection 151(1) Insert: (1A) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 157 Section 154 Repeal the section, substitute: 154 Incorrectly keeping or making records (1) If: (a) a person is required under this Act or the regulations to keep any records; and (b) the person keeps those records in such a way that they do not correctly record and explain the matters, transactions, acts or operations to which they relate; the person is guilty of an offence punishable on conviction by imprisonment for not longer than 12 months. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) If: (a) a person is required under this Act or the regulations to make a record of any matter, transaction, act or operation; and (b) the person makes such a record in such a way that it does not correctly record the matter, transaction, act or operation; the person is guilty of an offence punishable on conviction by imprisonment for not longer than 12 months. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 158 At the end of subsection 161(14) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 160 At the end of subsection 162(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 162 After subsection 176(1) Insert: (1A) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 163 After subsection 182(5) Insert: (5A) Subsection (5) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 164 After subsection 182(8) Insert: (8A) Subsection (8) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 165 At the end of subsection 183(3) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 167 Paragraph 185(11)(b) Omit "5, 6, 7 or 7A, or subsection 86(1),", substitute "6". 168 At the end of section 185 Add: Part 2.5 of the Criminal Code not to apply (12) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act. 169 At the end of subsection 193(6) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Superannuation Industry (Supervision) Act 1993 171 Section 9A Repeal the section, substitute: 9A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. 172 Section 17 Repeal the section. 173 At the end of subsection 34(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 175 Subsection 68(1) Omit "intentionally or recklessly". 176 At the end of subsection 68(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 177 At the end of subsection 101(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 179 At the end of subsection 102(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 181 Paragraph 129(3B)(c) Omit "knowingly". 182 At the end of subsection 129(7) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 184 Paragraph 130(2B)(c) Omit "knowingly". 185 At the end of subsection 130(6) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 187 At the end of subsection 141(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 189 At the end of subsection 142(3) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 191 Subsection 152(2) Repeal the subsection, substitute: (2) The trustee of a public offer entity must not engage in conduct to which this section applies. Penalty: Imprisonment for 5 years. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2A) Subsection (2) does not apply if: (a) the trustee is an approved trustee and is the only trustee of the entity; and (b) the entity is constituted by a deed as a trust. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). 192 Subsection 152(3) Omit ", intentionally or recklessly,". 193 At the end of subsection 152(3) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 194 Subsection 153(1) Omit ", intentionally or recklessly,". 195 At the end of subsection 153(1) Add: Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: A defendant bears an evidential burden in relation to the matter in paragraphs (1)(a) to (d) inclusive (see subsection 13.3(3) of the Criminal Code). 196 At the end of subsection 153(2) Add: Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: A defendant bears an evidential burden in relation to the matter in paragraphs (2)(a) and (b) (see subsection 13.3(3) of the Criminal Code). 198 Subsection 157(1) Omit ", intentionally or recklessly,". 199 At the end of subsection 157(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 200 At the end of subsection 157(5) Add: Note: A defendant bears an evidential burden in relation to the matter in subsections (1) to (5), inclusive (see subsection 13.3(3) of the Criminal Code). 201 Subsection 157A(2) Omit ", intentionally or recklessly,". 202 At the end of subsection 157A(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 203 At the end of subsection 158(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 205 At the end of subsection 158(3) Add: Note: A defendant bears an evidential burden in relation to the matter in subsections (1) to (3), inclusive (see subsection 13.3(3) of the Criminal Code). 206 Section 161 Omit "intentionally or recklessly". 207 At the end of section 161 Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 208 Subsection 163(1) Omit ", intentionally or recklessly,". 209 At the end of subsection 163(1) Add: Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: A defendant bears an evidential burden in relation to the matter in paragraphs (1)(a) and (b) (see subsection 13.3(3) of the Criminal Code). 210 Section 167 Repeal the section, substitute: 167 Effect of stop order While a stop order is in force in relation to a public offer entity, the trustee of the entity must not enter into a contract or agreement for the issue of a superannuation interest in the entity, being reckless as to whether the stop order is so in force. Penalty: Imprisonment for 2 years. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 211 Subsection 184(1) Omit ", intentionally or recklessly,". 212 At the end of subsection 184(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 213 Subsection 202(1) Repeal the subsection, substitute: (1) If a person contravenes a civil penalty provision, either: (a) dishonestly, and intending to gain, whether directly or indirectly, an advantage for that, or any other person; or (b) intending to deceive or defraud someone; the person is guilty of an offence punishable on conviction by imprisonment for not longer than 5 years. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 214 Subsection 278(3) Omit "knowingly". 215 At the end of subsection 278(3) Add: Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: A defendant bears an evidential burden in relation to the matter in paragraphs (2)(a), (b) and (c) (see subsection 13.3(3) of the Criminal Code). 216 At the end of subsection 282(2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 218 Section 285 Repeal the section, substitute: 285 Compliance with requirements made under this Act A person must not intentionally or recklessly refuse or fail to comply with a requirement of the Regulator, an authorised person or an inspector under this Act. Penalty: (a) in respect of a requirement under subsection 264(3) or (4)—imprisonment for 2 years; or (b) otherwise—30 penalty units. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 219 At the end of subsection 288(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 221 Section 306 Repeal the section, substitute: 306 Incorrectly keeping or making records etc. (1) If: (a) a person is required under this Act or the regulations to keep any accounts, accounting records or other records; and (b) the person keeps those accounts or records in such a way that they do not correctly record and explain the matters, transactions, acts or operations to which they relate; the person is guilty of an offence punishable on conviction by imprisonment for not longer than 12 months. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) If: (a) a person is required under this Act or the regulations to make a record of any matter, transaction, act or operation; and (b) the person makes such a record in such a way that it does not correctly record the matter, transaction, act or operation; the person is guilty of an offence punishable on conviction by imprisonment for not longer than 12 months. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 222 At the end of subsection 313(12) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 224 At the end of subsection 314(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 226 Paragraph 338(11)(b) Omit "5, 6, 7 or 7A, or subsection 86(1),", substitute "6". 227 At the end of section 338 Add: Part 2.5 of the Criminal Code not to apply (12) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act. 228 At the end of subsection 357(5) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 230 At the end of subsection 359(5) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 232 At the end of subsection 361(7) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 234 At the end of subsection 363(6) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 236 At the end of subsection 364(4) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 238 At the end of subsection 366(8) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Trade Practices Act 1974 240 Subsection 5(1) Omit "and Part VB", substitute ", Part VB and Part VC". Note: The heading to section 5 is altered by omitting "and VB" and substituting ", VB and VC". 241 Paragraph 6(2)(a) Omit "or section 55", substitute ", 55 or 75AZH". Note: The heading to section 6 is altered by omitting "V and VB" and substituting "IVB, V, VA, VB and VC". 242 Paragraph 6(2)(b) Omit ", 75AY", substitute ", 75AY, 75AZE, 75AZN, 75AZO, subsections 75AZQ(4) to (7) (inclusive)". 243 Subsection 6(3) Omit "and of Divisions 1, 1A and 1AA of Part V", substitute ", of Divisions 1, 1A and 1AA of Part V and of Divisions 2 and 3 of Part VC". 244 Paragraph 6(3)(a) Omit "section 55", substitute "sections 55 and 75AZH". 245 Subsection 6(4) After "Division 1AA of Part V", insert "and of Division 2 of Part VC (other than sections 75AZD, 75AZH and 75AZO)". 246 At the end of section 6 Add: (6) Despite anything in Part VC, if a person other than a corporation is convicted of an offence against a provision of that Part, being a provision that applies in relation to the person as provided by this section, the offence is taken to be punishable on conviction by a fine not exceeding 400 penalty units. 247 Subsection 26(1) After "V", insert ", VC". 248 Subsection 56(3) Repeal the subsection. 249 Section 65AA Omit all the words from and including "or paragraph 53(eb)", substitute ", paragraph 53(eb) or paragraph 75AZC(1)(i) (which both deal with false or misleading representations as to place of origin)". 250 Section 65AB Omit "or paragraph 53(eb)", substitute ", paragraph 53(eb) or paragraph 75AZC(1)(i)". 251 Section 65AC Omit "or paragraph 53(eb)", substitute ", paragraph 53(eb) or paragraph 75AZC(1)(i)". 252 Subsection 65AD(1) Omit "or paragraph 53(eb)", substitute ", paragraph 53(eb) or paragraph 75AZC(1)(i)". 253 Paragraph 65AN(1)(a) Omit "or paragraph 53(eb)", substitute ", paragraph 53(eb) or paragraph 75AZC(1)(i)". Note: The heading to section 65AN is altered by omitting "paragraph 53(eb)" and substituting "paragraphs 53(eb) and 75AZC(1)(i)". 254 At the end of section 65F Add: (10) Subsection (9) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 255 Subsections 65Q(9) and (9A) Repeal the subsections, substitute: (9) A person who refuses or fails to comply with a notice under this section is guilty of an offence punishable on conviction by a fine not exceeding 40 penalty points. (9A) Subsection (9) does not apply if the person complies with the notice to the extent to which the person is capable of complying with it. Note: A defendant bears an evidential burden in relation to the matter in subsection (9A) (see subsection 13.3(3) of the Criminal Code). (9B) Subsection (9) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. (9C) If: (a) a person, in purported compliance with a notice under this section, furnishes information or gives evidence; and (b) the person does so knowing that the information or evidence is false or misleading in a material particular; the person is guilty of an offence punishable on conviction by imprisonment for not longer than 12 months. 256 At the end of section 65R Add: (3) Subsection (2) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 257 After Part VB Insert: Part VC—Offences Division 1—Application of Part 75AZA Part does not apply to financial services (1) This Part does not apply to the supply, or possible supply, of services that are financial services. (2) Without limiting subsection (1): (a) section 75AZI does not apply to conduct engaged in relation to financial services; and (b) if a security (within the meaning of the Corporations Law) consists of or includes an interest in land, section 75AZD does not apply to that interest; and (c) section 75AZP does not apply to a debit card that allows access to an account that is a financial product. (3) In subsection (2): debit card has the same meaning as in section 75AZP. Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code). Division 2—Offences relating to unfair practices 75AZB Interpretation (1) For the purposes of this Division, if: (a) a corporation makes a representation about a future matter (including the doing of, or the refusing to do, an act); and (b) the corporation does not have reasonable grounds for making the representation; the representation is taken to be misleading. (2) For the purposes of the application of subsection (1) in proceedings relating to a representation made by a corporation about a future matter, the corporation is taken not to have had reasonable grounds for making the representation, unless it adduces evidence to the contrary. (3) Subsection (1) does not limit by implication the meaning of a reference in this Division to a misleading representation, a representation that is misleading in a material particular or conduct that is misleading or is likely or liable to mislead. 75AZC False or misleading representations (1) A corporation must not, in trade or commerce, in connection with the supply or possible supply of goods or services, or in connection with the promotion by any means of the supply or use of goods or services, do any of the following: (a) falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model, or have had a particular history or particular previous use; (b) falsely represent that services are of a particular standard, quality, value or grade; (c) falsely represent that goods are new; (d) falsely represent that a particular person has agreed to acquire goods or services; (e) represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have; (f) represent that the corporation has a sponsorship, approval or affiliation it does not have; (g) make a false or misleading representation about the price of goods or services; (h) make a false or misleading representation about the availability of facilities for the repair of goods or of spare parts for goods; (i) make a false or misleading representation about the place of origin of goods; (j) make a false or misleading representation about the need for any goods or services; (k) make a false or misleading representation about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy. Penalty: 2,000 penalty units. (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. Note 3: For rules relating to representations as to the country of origin of goods, see Division 1AA of Part V (sections 65AA to 65AN). 75AZD False representations and other misleading or offensive conduct in relation to land (1) A corporation must not, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land, or in connection with the promotion by any means of the sale or grant of an interest in land: (a) represent that the corporation has a sponsorship, approval or affiliation it does not have; or (b) make a false or misleading representation about the nature of the interest in the land, the price payable for the land, the location of the land, the characteristics of the land, the use to which the land is capable of being put, or may lawfully be put, or the existence or availability of facilities associated with the land. Penalty: 2,000 penalty units. (2) If: (a) a corporation offers gifts, prizes or other free items; and (b) the corporation offers the gifts, prizes or other items, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land, or in connection with the promotion by any means of the sale or grant of an interest in land; and (c) when the corporation so offers the gifts, prizes or other free items it intends not to provide them, or not to provide them as offered; the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units. (3) If: (a) a corporation uses physical force or undue harassment or coercion; and (b) the corporation uses such force, harassment or coercion in connection with the sale or grant, or the possible sale or grant, of an interest in land, or the payment for an interest in land; the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units. (4) For the purposes of the application of the Criminal Code in relation to subsection (2), paragraphs (2)(b) and (c) are taken to be circumstances in which the conduct described in paragraph (2)(a) occurs. (5) Subsection (1) is an offence of strict liability. (6) Strict liability applies to paragraphs (2)(b) and (3)(b). Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. (7) Nothing in this section is to be taken as implying that other provisions in this Part do not apply in relation to the supply or acquisition, or the possible supply or acquisition, of an interest in land. (8) In this section: interest, in relation to land, has the same meaning as in section 53A. 75AZE Misleading conduct in relation to employment (1) A corporation must not, in relation to employment that is to be, or may be, offered by the corporation or by another person, engage in conduct that is liable to mislead persons seeking the employment about the availability, nature, terms or conditions of, or any other matter relating to, the employment. Penalty: 2,000 penalty units. (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 75AZF Cash price to be stated in certain circumstances (1) A corporation must not, in trade or commerce, in connection with the supply or possible supply of goods or services, or in connection with the promotion by any means of the supply or use of goods or services, make a representation with respect to an amount that, if paid, would constitute a part of the consideration for the supply of the goods or services. Penalty: 2,000 penalty units. (2) Subsection (1) does not apply if the corporation also specifies the cash price for the goods or services. 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) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 75AZG Offering gifts and prizes (1) If: (a) a corporation offers gifts, prizes or other free items; and (b) the corporation offers the gifts, prizes or other free items in trade or commerce, in connection with the supply or possible supply of goods or services, or in connection with the promotion by any means of the supply or use of goods or services; and (c) when the corporation so offers them, it intends not to provide them, or not to provide them as offered; the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units. (2) For the purposes of the application of the Criminal Code in relation to subsection (1), paragraphs (1)(b) and (c) are taken to be circumstances in which the conduct described in paragraph (1)(a) occurs. (3) Strict liability applies in relation to paragraph (1)(b). Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 75AZH Misleading conduct to which Industrial Property Convention applies (1) A person must not, in trade or commerce, engage in conduct that is liable to mislead the public about the nature, the manufacturing process, the characteristics, the suitability for their purpose, or quantity, of any goods. Penalty: 400 penalty units. (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 75AZI Certain misleading conduct in relation to services (1) A corporation must not, in trade or commerce, engage in conduct that is liable to mislead the public about the nature, the characteristics, the suitability for their purpose, or the quantity, of any services. Penalty: 2,000 penalty units. (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 75AZJ Bait advertising (1) A corporation must not, in trade or commerce, advertise for supply at a specified price, goods or services if there are reasonable grounds for believing that the corporation will not be able to offer those goods or services for supply at that price for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the corporation carries on business, and the nature of the advertisement. Penalty: 2,000 penalty units. (2) A corporation that has, in trade or commerce, advertised goods or services for supply at a specified price must not fail to offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the corporation carries on business, and the nature of the advertisement. Penalty: 2,000 penalty units. (3) Subsections (1) and (2) are offences of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. (4) In a prosecution of a corporation under subsection (2), for failing to offer goods or services to a person (the customer), it is a defence if the corporation proves that: (a) it offered to supply, or to procure another person to supply goods or services of the kind advertised to the customer within a reasonable time, in a reasonable quantity and at the advertised price; or (b) it offered to supply immediately, or to procure another person to supply within a reasonable time, equivalent goods or services to the customer in a reasonable quantity and at the price at which the first‑mentioned goods or services were advertised; and, in either case, if the offer was accepted by the customer, the corporation has so supplied, or procured another person to supply, goods or services. Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4 of the Criminal Code). 75AZK Referral selling (1) A corporation must not, in trade or commerce, induce a consumer to acquire goods or services by representing that the consumer will, after the contract for the acquisition of the goods or services is made, receive a rebate, commission or other benefit in return for giving the corporation the names of prospective customers or otherwise assisting the corporation to supply goods or services to other consumers, if receipt of the rebate, commission or other benefit is contingent on an event occurring after that contract is made. Penalty: 2,000 penalty units. (2) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 75AZL Accepting payment without intending or being able to supply as ordered (1) If: (a) a corporation, in trade or commerce, accepts payment or other consideration for goods or services; and (b) at the time of acceptance, the corporation intends: (i) not to supply the goods or services; or (ii) to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is accepted; the corporation is guilty of an offence punishable on conviction of a fine not exceeding 2,000 penalty units. (2) Strict liability applies to paragraph (1)(a). Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. (3) If: (a) a corporation, in trade or commerce, accepts payment or other consideration for goods or services; and (b) at the time of acceptance, there are reasonable grounds for believing that the corporation will not be able to supply the goods or services within the period specified by the corporation or, if no period is specified, within a reasonable time; the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units. (4) Subsection (3) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 75AZM Misleading representations about certain business activities (1) A corporation must not, in trade or commerce, make a representation that is false or misleading in a material particular about the profitability or risk or any other material aspect of any business activity that the corporation has represented as one that can be, or can be to a considerable extent, carried on at or from a person's place of residence. Penalty: 2,000 penalty units. (2) If a corporation, in trade or commerce, invites (whether by advertisement or otherwise) persons to engage or participate, or to offer or apply to engage or participate, in a business activity requiring the performance by the persons concerned of work, or the investment of money by the persons concerned and the performance by them of work associated with the investment, the corporation must not make a representation that is false or misleading in a material particular about the profitability or risk or any other material aspect of the business activity. Penalty: 2,000 penalty units. (3) Subsections (1) and (2) are offences of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 75AZN Harassment and coercion (1) If: (a) a corporation uses physical force or undue harassment or coercion; and (b) the corporation uses such force, harassment or coercion in connection with the supply or possible supply of goods or services to a consumer, or the payment for goods or services by a consumer; the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units. (2) Strict liability applies to paragraph (1)(b). Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of