Treasury Legislation Amendment (Application of Criminal Code) Act (No. 3) 2001 (Cth)

Treasury Legislation Amendment (Application of Criminal Code) Act (No. 3) 2001 No. 117, 2001 Treasury Legislation Amendment (Application of Criminal Code) Act (No. 3) 2001 No. 117, 2001 An Act relating to the application of the Criminal Code to certain offences, and for other purposes Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s).................................. 4 Application of amendments........................ Schedule 1—Corporations Act 2001 Schedule 2—Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001 Schedule 3—Other amendments Part 1—Financial Sector (Shareholdings) Act 1998 Part 2—Insurance Contracts Act 1984 Part 3—Commonwealth Places (Mirror Taxes) Act 1998 Part 4—Trade Practices Act 1974 Treasury Legislation Amendment (Application of Criminal Code) Act (No. 3) 2001 No. 117, 2001 An Act relating to the application of the Criminal Code to certain offences, and for other purposes [Assented to 18 September 2001] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Treasury Legislation Amendment (Application of Criminal Code) Act (No. 3) 2001. 2 Commencement (1) Subject to this section, this Act commences on the day mentioned in subsection 2.2(2) of the Criminal Code. (2) If the Financial Services Reform Act 2001 has commenced before the day mentioned in subsection 2.2(2) of the Criminal Code, item 2 of Schedule 1 to this Act does not commence. (3) Items 179 to 182 and 189 and 190 in Schedule 1 commence on the day on which this Act receives the Royal Assent. (4) Schedule 2 and Part 4 of Schedule 3 are taken to have commenced immediately after the commencement of item 14 of Schedule 1 to the Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001. (5) Part 1 of Schedule 3 commences on the day after the day on which this Act receives the Royal Assent. 3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 4 Application of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—Corporations Act 2001 1 Section 9 Insert: engage in conduct means: (a) do an act; or (b) omit to perform an act. 2 Section 9 Insert: offence based on a particular provision of this Act means, unless a contrary intention appears: (a) if that provision creates an offence—an offence against that provision, or an offence against section 1314 that relates to that provision; or (b) if section 1311 creates an offence relating to that provision—an offence against section 1311 or 1314 that relates to that provision. 3 After subsection 113(3) Insert: (3A) An offence based on subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 4 At the end of section 115 Add: (3) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 5 At the end of section 117 Add: (6) An offence based on subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 6 At the end of section 123 Add: (4) An offence based on subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 7 At the end of section 136 Add: (6) An offence based on subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 8 At the end of section 139 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 9 After subsection 142(2) Insert: (2A) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 10 After subsection 143(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 11 At the end of section 144 Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 12 At the end of section 145 Add: (4) An offence based on subsection (1) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 13 At the end of section 146 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 14 At the end of section 148 Add: (6) An offence based on subsection (2), (3), (4) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 15 At the end of section 150 Add: (3) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 16 After subsection 151(2) Insert: (2A) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 17 At the end of section 153 Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 18 Section 156 Omit all of the words after paragraph (b). 19 At the end of section 156 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subsection (1) does not apply to the extent that the person is allowed or required to carry on business in this jurisdiction under the name or title under a law of the Commonwealth or a law of a State or Territory in this jurisdiction. Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code. 20 After subsection 157(2) Insert: (2A) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 21 After subsection 158(2) Insert: (2A) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 22 After subsection 162(3) Insert: (3A) An offence based on subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 23 At the end of section 163 Add: (6) An offence based on subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 24 After subsection 165(2) Insert: (2A) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 25 After subsection 168(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 26 Subsection 170(3) Omit "unless the option has been granted official quotation by a securities exchange". 27 After subsection 170(3) Insert: (3A) An offence based on subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3B) Subsection (3) does not apply if the option has been granted official quotation by a securities exchange. Note: A defendant bears an evidential burden in relation to the matter in subsection (3B), see subsection 13.3(3) of the Criminal Code. 28 At the end of section 172 Add: (3) An offence based on subsection (1), (1A) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 29 Subsection 173(1) Omit "unless the person and the company or the responsible entity agree that the person can access the information by computer". 30 After subsection 173(1) Insert: (1A) The requirement in subsection (1) to allow the person to inspect a hard copy of the information on the register does not apply in relation to a register that is kept on a computer if the person and the company or the responsible entity agree that the person can access the information by computer. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code. 31 After subsection 173(9) Insert: (9A) An offence based on subsection (1), (3) or (9) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 32 At the end of section 174 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 33 Subsection 177(1) Repeal the subsection, substitute: (1) A person must not: (a) use information about a person obtained from a register kept under this Chapter to contact or send material to the person; or (b) disclose information of that kind knowing that the information is likely to be used to contact or send material to the person. Note: An example of using information to send material to a person is putting a person's name and address on a mailing list for advertising material. (1A) Subsection (1) does not apply if the use or disclosure of the information is: (a) relevant to the holding of the interests recorded in the register or the exercise of the rights attaching to them; or (b) approved by the company or scheme. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code. (1B) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 34 After subsection 188(2) Insert: (2A) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 35 At the end of subsection 188(3) Add: Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (3), see section 13.4 of the Criminal Code. 36 After subsection 191(1) Insert: (1A) For an offence based on subsection (1), strict liability applies to the circumstance, that the director of a company has a material personal interest in a matter that relates to the affairs of the company. Note: For strict liability, see section 6.1 of the Criminal Code. 37 Subsection 195(1) Repeal the subsection, substitute: Restrictions on voting and being present (1) A director of a public company who has a material personal interest in a matter that is being considered at a directors' meeting must not: (a) be present while the matter is being considered at the meeting; or (b) vote on the matter. (1A) Subsection (1) does not apply if: (a) subsection (2) or (3) allows the director to be present; or (b) the interest does not need to be disclosed under section 191. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code. (1B) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 38 At the end of section 199B Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 39 After subsection 200B(1) Insert: (1A) For an offence based on subsection (1), strict liability applies to the circumstance, that the benefit is in connection with the person's, or someone else's, retirement. Note: For strict liability, see section 6.1 of the Criminal Code. 40 Section 200C Omit "without member approval under section 200E". 41 At the end of section 200C Add: (2) For an offence based on subsection (1), strict liability applies to the circumstance, that the transfer is in connection with the transfer of the whole or any part of the undertaking or property of the company. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subsection (1) does not apply to the extent that there is member approval under section 200E. Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code. 42 At the end of section 200D Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 43 At the end of section 201D Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 44 After subsection 202B(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 45 At the end of section 203D Add: Strict liability offences (8) An offence based on subsection (3) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 46 At the end of section 204A Add: Strict liability offences (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 47 At the end of section 204C Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 48 Subsection 205B(5) Omit "However, the company does not need to lodge a notice if the person was an alternate director who stopped being a director in accordance with the terms of their appointment as an alternate director.". 49 At the end of section 205B Add: (6) Subsection (5) does not apply if the person was an alternate director who stopped being a director in accordance with the terms of their appointment as an alternate director. Note: A defendant bears an evidential burden in relation to the matter in subsection (6), see subsection 13.3(3) of the Criminal Code. (7) An offence based on subsection (1), (2), (4) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 50 At the end of section 205C Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 51 At the end of section 205E Add: (3) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 52 At the end of section 205F Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 53 At the end of section 205G Add: Strict liability offences (9) An offence based on subsection (1), (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 54 Subsection 206A(1) Omit "It is a defence to the contravention if the person had permission to manage the corporation under either section 206F or 206G and their conduct was within the terms of that permission.". 55 After subsection 206A(1) Insert: (1A) For an offence based on subsection (1), strict liability applies to the circumstance, that the person is disqualified from managing corporations under this Part. Note: For strict liability, see section 6.1 of the Criminal Code. (1B) It is a defence to a contravention of subsection (1) if the person had permission to manage the corporation under either section 206F or 206G and their conduct was within the terms of that permission. Note: A defendant bears an evidential burden in relation to the matters in subsection (1B), see subsection 13.3(3) of the Criminal Code. 56 At the end of section 225 Add: (6) An offence based on subsection (3), (4) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 57 At the end of section 235 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 58 At the end of section 246B Add: (4) An offence based on subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 59 At the end of section 246D Add: (7) An offence based on subsection (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 60 After subsection 246F(3) Insert: (3A) An offence based on subsection (1) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 61 After subsection 246G(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 62 Section 247C Omit all the words after "inspection". 63 At the end of section 247C Add: (2) Subsection (1) does not apply to the extent that the disclosure is to: (a) ASIC; or (b) the applicant. 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 based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 64 After subsection 249E(4) Insert: (4A) An offence based on subsection (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 65 At the end of section 249K Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 66 At the end of section 249Z Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 67 After subsection 250A(5) Insert: (5A) An offence based on subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 68 After subsection 250N(2) Insert: (2A) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 69 At the end of section 250P Add: (5) An offence based on subsection (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 70 At the end of section 250S Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 71 At the end of section 250T Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 72 After subsection 251A(5) Insert: (5A) An offence based on subsection (1), (2), (3), (4) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 73 At the end of section 251B Add: (5) An offence based on subsection (1), (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 74 At the end of section 252C Add: (5) An offence based on subsection (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 75 At the end of section 252H Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 76 At the end of section 252X Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 77 After subsection 252Y(5) Insert: (5A) An offence based on subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 78 After subsection 253M(3) Insert: (3A) An offence based on subsection (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 79 At the end of section 253N Add: (5) An offence based on subsection (1), (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 80 At the end of section 254H Add: (5) An offence based on subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 81 At the end of section 254N Add: (3) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 82 At the end of section 254Q Add: Strict liability offences (14) An offence by the company based on subsection (13) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 83 After subsection 254X(2) Insert: (2A) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 84 At the end of section 254Y Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 85 At the end of section 259B Add: (7) An offence based on subsection (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 86 After subsection 259D(4) Insert: (4A) An offence based on subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 87 After subsection 283AA(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 88 At the end of section 283AB Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 89 At the end of section 283AC Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 90 After subsection 283BH(1) Insert: (1A) The borrower commits an offence if it intentionally or recklessly contravenes subsection (1). 91 At the end of section 286 Add: Strict liability offences (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 92 At the end of section 287 Add: (3) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 93 At the end of section 288 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 94 After subsection 289(2) Insert: (2A) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 95 After subsection 294(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 96 After subsection 308(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 97 At the end of section 311 Add: (2) For an offence based on subsection (1), strict liability applies to the conduct, notifying ASIC in writing. Note: For strict liability, see section 6.1 of the Criminal Code. 98 At the end of section 312 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 99 At the end of section 313 Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 100 After subsection 314(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 101 At the end of section 316 Add: (4) An offence based on subsection (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 102 At the end of section 317 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 103 At the end of section 318 Add: (5) An offence based on subsection (1), (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 104 After subsection 319(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 105 After subsection 319(5) Insert: (5A) An offence based on subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 106 At the end of section 320 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 107 After subsection 321(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 108 At the end of section 322 Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 109 At the end of section 323 Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 110 At the end of section 323B Add: (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 111 After subsection 323D(3) Insert: (3A) An offence based on subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 112 After subsection 345(3) Insert: Strict liability offences (3A) An offence based on subsection (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 113 After subsection 346(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 114 At the end of section 428 Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 115 Subsection 437C(1) Omit ", except with the administrator's written approval". 116 After subsection 437C(1) Insert: (1A) Subsection (1) does not apply to the extent that the performance or exercise, or purported performance or exercise, is with the administrator's written approval. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code. (1B) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 117 Subsection 438B(4) Omit ", without reasonable excuse,". 118 At the end of section 438B Add: (5) An offence based on subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (6) Subsection (4) does not apply to the extent that the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (6), see subsection 13.3(3) of the Criminal Code. 119 Subsection 438C(5) Omit "except so far as the person is entitled, as against the company and the administrator, to retain possession of the books". 120 At the end of section 438C Add: (6) Subsection (5) does not apply to the extent that the person is entitled, as against the company and the administrator, to retain possession of the books. Note: A defendant bears an evidential burden in relation to the matter in subsection (6), see subsection 13.3(3) of the Criminal Code. (7) An offence based on subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 121 Section 448B Omit "unless he or she is a registered liquidator". 122 At the end of section 448B Add: (2) Subsection (1) does not apply if the person is a registered liquidator. 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 based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 123 After subsection 448C(1) Insert: (1A) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 124 At the end of section 450E Add: (3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 125 Subsection 471A(1) Omit all the words after "the company". 126 After subsection 471A(1) Insert: (1A) Subsection (1) does not apply to the extent that the performance or exercise, or purported performance or exercise, is: (a) as a liquidator appointed for the purposes of the winding up; or (b) as an administrator appointed for the purposes of an administration of the company beginning after the winding up order was made; or (c) with the liquidator's written approval; or (d) with the approval of the Court. Note: A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code. 127 Subsection 471A(2) Omit all the words after "the company". 128 After subsection 471A(2) Insert: (2A) Subsection (2) does not apply to the extent that the performance or exercise, or purported performance or exercise, is: (a) as a provisional liquidator of the company; or (b) as an administrator appointed for the purposes of an administration of the company beginning after the provisional liquidator was appointed; or (c) with the provisional liquidator's written approval; or (d) with the approval of the Court. Note: A defendant bears an evidential burden in relation to the matters in subsection (2A), see subsection 13.3(3) of the Criminal Code. (2B) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 129 Subsections 475(9) and (10) Repeal the subsections, substitute: (9) A person must not contravene a provision of this section. (10) An offence based on subsection (9) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (11) Subsection (9) does not apply to the extent that the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (11), see subsection 13.3(3) of the Criminal Code. 130 Subsection 486A(8) After "must not", insert "intentionally or recklessly". 131 At the end of section 496 Add: (9) An offence based on subsection (2), (3), (4), (5), (6), (7) or (8) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132 After subsection 497(7) Insert: (7A) An offence based on subsection (3), (4), (5), (6) or (7) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 133 Subsection 530A(6) Omit ", without reasonable excuse,". 134 After subsection 530A(6) Insert: (6A) An offence based on subsection (6) is an offence of strict liability. Note: For strict liability, see sec