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 th