Commonwealth Consolidated Acts Commonwealth Consolidated ActsAboriginal and Torres Strait Islander Commission Act 1989
1 Subsection 90(4)
Repeal the subsection, substitute:
(4) A reference in this section to an offence against this Act includes a reference to:
(a) an offence against section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914 ; or
(b) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code ;
where the offence relates to this Act.
2 Subsection 191(4)
Repeal the subsection, substitute:
(4) A reference in this section to an offence against this Act includes a reference to:
(a) an offence against section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914 ; or
(b) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code ;
where the offence relates to this Act.
3 Subsections 197(2) and (3)
Repeal the subsections.
4 Paragraph 199(9)(b)
Omit ", 7A, 29C or 29D", substitute "or 7A".
5 Paragraph 199(9)(b)
After " Crimes Act 1914 ", insert "or section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code ".
6 At the end of section 199
Add:
(10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
Aboriginal Councils and Associations Act 1976
7 Subsection 39(6)
Repeal the subsection.
8 Subsection 60(6)
Repeal the subsection.
9 Subsection 60(7)
Omit "this section", substitute "this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".
10 Subsection 68(3)
Omit "subsection 69(2)", substitute "section 137.1 of the Criminal Code that relates to this section".
11 Subsection 69(2)
Repeal the subsection.
Aboriginal Land Rights ( Northern Territory ) Act 1976
12 Subsection 23A(3)
Repeal the subsection.
13 Subsection 23C(3)
Repeal the subsection.
14 Subsection 54(3)
Omit "or section 54B", substitute "of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".
15 Subsection 54A(3)
Omit "section 54B", substitute "an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".
16 Section 54B
Repeal the section.
17 Section 93 - 3
Repeal the section.
18 Section 96 - 8
Repeal the section.
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
19 Subsection 18(2)
Omit "sections 70, 71, 72, 73, 74, 75 and 76", substitute "section 70".
20 Section 35
Repeal the section.
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
21 Section 37
Repeal the section.
Agricultural and Veterinary Chemicals (Administration) Act 1992
22 Subsection 69F(3)
Omit "sections 70, 71, 72, 73, 74, 75 and 76", substitute "section 70".
Air Navigation Regulations 1947
23 Regulation 124
Repeal the regulation.
24 Part 17 (heading)
Repeal the heading, substitute:
25 Section 226
Omit "make a false statement, or keep an incorrect record,", substitute "keep an incorrect record".
26 Section 227
Repeal the section.
27 Section 229
Repeal the section.
Antarctic Treaty (Environment Protection) Act 1980
28 Section 22
Repeal the section.
29 Section 23
Repeal the section.
30 At the end of subsection 33(3)
Add:
Note 3: Section 149.1 of the Criminal Code deals with obstruction of Commonwealth public officials.
31 Section 34
Repeal the section.
32 Section 35
Omit "or 34", substitute "of this Act or proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".
Australian Citizenship Act 1948
33 Paragraph 21(1A)(a)
Omit "section 29A, 29B or 29D of the Crimes Act 1914 ,", substitute "section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code ,".
Australian Federal Police Act 1979
34 Section 12B (subparagraphs (a)(i) and (ii) of the definition of class 2 general offence )
Repeal the subparagraphs, substitute:
(i) section 137.2, 141.1, 142.1, 142.2, 145.4 or 145.5 of the Criminal Code ; or
(ii) section 34, 37, 42, 43 or 44 of the Crimes Act 1914 ; or
35 Section 62
Repeal the section.
36 Paragraph 63(a)
Repeal the paragraph.
37 Subsection 64(1)
Repeal the subsection.
38 Subsection 64(2)
Omit "subsection (1) may, in addition to the penalty provided by that subsection", substitute "section 147.1 or 149.1 of the Criminal Code that relates to a member or special member may".
39 Subsection 64(3)
Repeal the subsection.
Australian Film Commission Act 1975
40 Section 42
Repeal the section.
Australian Horticultural Corporation (Export Control) Regulations
41 Item 4 of Schedule 2
Repeal the item, substitute:
4 | An offence against section 134.1, 134.2, 135.1, 135.2, 144.1, 145.2, 145.3, 145.4 or 145.5 of the Criminal Code . |
Australian Horticultural Corporation (Honey Export Control) Regulations
42 Item 4 of Schedule 2
Repeal the item, substitute:
4 | An offence against section 134.1, 134.2, 135.1, 135.2, 144.1, 145.2, 145.3, 145.4 or 145.5 of the Criminal Code . |
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
43 Section 46
Repeal the section.
44 Paragraph 47(9)(b)
Omit ", 7A, 29C or 29D", substitute "or 7A".
45 Paragraph 47(9)(b)
After " Crimes Act 1914 ", insert "or section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code ".
46 At the end of section 47
Add:
(10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
Australian Protective Service Act 1987
47 Subparagraph 13(2)(a)(i)
Omit "30,".
48 Subparagraph 13(2)(a)(i)
Omit "71, 73, 75, 76,".
49 At the end of subsection 13(2)
Add:
; or (c) an offence in relation to a person, place or thing in respect of which the Protective Service is performing its functions, being an offence against section 131.1, 141.1, 142.1, 148.1, 147.1 or 149.1 of the Criminal Code .
Australian Security Intelligence Organisation Act 1979
50 Section 33
Repeal the section.
Australian Trade Commission Act 1985
51 Subsection 95(2)
Repeal the subsection.
52 Subsection 84(5)
Omit "or 263B".
53 Subsection 85(2C)
Omit "or 263B".
54 Subsection 263(2)
Repeal the subsection, substitute:
(2) A person is guilty of an offence if:
(a) the person disposes of, receives, removes, retains or conceals property that has been seized:
(i) as part of the property of a bankrupt; or
(ii) as part of the estate of a deceased person; or
(iii) under a deed of assignment; and
(b) the first - mentioned person knows that the property has been so seized.
Penalty: Imprisonment for 1 year .
55 Section 263B
Repeal the section.
56 Section 264
Repeal the section.
57 Section 267A
Repeal the section.
58 Section 267C
Repeal the section.
59 Section 268A
Repeal the section.
Bounty and Capitalisation Grants (Textile Yarns) Act 1981
60 Subsection 16(1A)
Omit "subsection (1B)", substitute "section 137.2 of the Criminal Code ".
61 Subsection 16(1B)
Repeal the subsection.
62 Subsection 16(3)
Omit "or 18(3) or (4)", substitute "of this Act or a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
63 Subsections 18(2), (3), (4), (5) and (6)
Repeal the subsections.
64 Subsection 18(7)
Repeal the subsection, substitute:
(7) A person must not be convicted of:
(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 10B(1) of this Act; or
(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for bounty.
65 Subsection 18B(1)
Omit "or 18(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
66 Subsection 18B(1)
Omit "under the subsection".
67 Section 21K
Repeal the section.
68 Subsection 21L(1)
Omit "subsection 21K(1)", substitute "section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Part".
69 Subsection 21L(1)
Omit "under that subsection".
Bounty (Bed Sheeting) Act 1977
70 Subsection 16(3)
Omit "or 18(2)(c)", substitute "of this Act or a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
71 Subsection 18(2)
Repeal the subsection.
72 Subsection 18(3)
Omit "subsection (2)", substitute "section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
73 Subsection 18(3)
Omit "under that subsection".
74 Subsection 25(2)
Omit "subsection (3)", substitute "section 137.2 of the Criminal Code ".
75 Subsection 25(3)
Repeal the subsection.
76 Subsection 25(5)
Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
77 Subsections 27(2), (3), (4), (5) and (6)
Repeal the subsections.
78 Subsection 27(7)
Repeal the subsection, substitute:
(7) A person must not be convicted of:
(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 16(1) of this Act; or
(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for bounty.
79 Subsections 27(9), (10) and (11)
Repeal the subsections.
80 Subsection 29(1)
Omit "or 27(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code ".
81 Subsection 29(1)
Omit "under that subsection".
82 Subsection 21(2)
Omit "subsection (3)", substitute "section 137.2 of the Criminal Code ".
83 Subsection 21(3)
Repeal the subsection.
84 Subsection 21(5)
Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
85 Subsections 23(2), (3), (4), (5) and (6)
Repeal the subsections.
86 Subsection 23(7)
Repeal the subsection, substitute:
(7) A person must not be convicted of:
(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 12(1) of this Act; or
(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for bounty.
87 Subsection 25(1)
Omit "or 23(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
88 Subsection 25(1)
Omit "under that subsection".
89 Subsection 16(7)
Repeal the subsection.
90 Subsection 25(2)
Omit "subsection (3)", substitute "section 137.2 of the Criminal Code ".
91 Subsection 25(3)
Repeal the subsection.
92 Subsection 25(5)
Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
93 Subsections 27(2) and (3)
Repeal the subsections.
94 Subsection 27(4)
Omit "subsection (2)", substitute "section 135.2 of the Criminal Code ".
95 Subsection 29(1)
Omit "or 27(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
96 Subsection 29(1)
Omit "under the subsection".
Bounty (Fuel Ethanol) Act 1994
97 Subsection 50(3)
Omit "section 51", substitute "section 137.2 of the Criminal Code ".
98 Section 51
Repeal the section.
99 Subsection 52(2)
Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
100 Subsections 55(2), (3) and (4)
Repeal the subsections, substitute:
(4) A person must not be convicted of:
(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 30(2) of this Act; or
(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for bounty.
101 Section 56
Repeal the section.
102 Subsection 58(1)
Omit "or 55(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
103 Subsection 58(1)
Omit "under that subsection".
Bounty (Machine Tools and Robots) Act 1985
104 Subsection 33(2)
Omit "subsection (3)", substitute "section 137.2 of the Criminal Code ".
105 Subsection 33(3)
Repeal the subsection.
106 Subsection 33(5)
Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
107 Subsections 35(2) and (3)
Repeal the subsections.
108 Subsection 35(4)
Repeal the subsection, substitute:
(4) A person must not be convicted of:
(a) an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 23(1) of this Act; or
(b) an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for bounty.
109 Subsection 37(1)
Omit "or 35(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code ".
110 Subsection 37(1)
Omit "under the subsection".
Bounty (Photographic Film) Act 1989
111 Subsection 22(2)
Omit "subsection (3)", substitute "section 137.2 of the Criminal Code ".
112 Subsection 22(3)
Repeal the subsection.
113 Subsection 22(5)
Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
114 Subsections 24(2), (3), (4), (5) and (6)
Repeal the subsections.
115 Subsection 24(7)
Repeal the subsection, substitute:
(7) A person must not be convicted of:
(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 13(1) of this Act; or
(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for bounty.
116 Subsection 26(1)
Omit "or 24(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
117 Subsection 26(1)
Omit "under that subsection".
118 Subsection 23(2)
Omit "subsection (3)", substitute "section 137.2 of the Criminal Code ".
119 Subsection 23(3)
Repeal the subsection.
120 Subsection 23(5)
Omit all the words after "other than", substitute "a prosecution for an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
121 Subsections 25(2), (3), (4), (5) and (6)
Repeal the subsections.
122 Subsection 25(7)
Repeal the subsection, substitute:
(7) A person must not be convicted of:
(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 14(1) of this Act; or
(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for bounty.
123 Subsections 25(9), (10) and (11)
Repeal the subsections.
124 Subsection 27(1)
Omit "or 25(2) or (3)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
125 Subsection 27(1)
Omit "under that subsection".
Broadcasting Services Act 1992
126 Subsection 6(1)
Insert:
"offence against this Act" includes an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.
127 Section 208
Repeal the section.
129 Subsection 23A(3)
Repeal the subsection.
Civil Aviation Regulations 1988
130 Regulation 285
Repeal the regulation.
131 Paragraph 5(c)
Omit ", (v), (va)".
132 Section 27
Repeal the section.
133 Subsection 53(4)
Repeal the subsection.
Commonwealth Electoral Act 1918
134 Subsections 184(6) and (7)
Repeal the subsections.
135 Subsections 184A(5) and (6)
Repeal the subsections.
136 Paragraph 339(1)(f)
Repeal the paragraph.
137 Paragraph 339(1)(h)
Omit "ballot - papers; or", substitute "ballot - papers.".
138 Paragraph 339(1)(k)
Repeal the paragraph.
139 Subsections 339(3) and (4)
Repeal the subsections.
140 Section 344
Repeal the section.
Commonwealth Inscribed Stock Act 1911
141 Section 48
Repeal the section.
Commonwealth Places (Application of Laws) Act 1970
142 Subsection 5(2)
After "Sections", insert "4,".
143 After subsection 5(2A)
Insert:
(2B) Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, the applied provisions.
Complaints (Australian Federal Police) Act 1981
144 After paragraph 27(5)(e)
Insert:
(ea) a prosecution for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act; or
145 Subsection 44(2)
Repeal the subsection.
146 Subsection 3(1) (paragraph (c) of the definition of Commonwealth officer )
Omit "sections 70, 72, 73, 74 and 75", substitute "section 70".
147 Subsection 3(1) (paragraph (d) of the definition of Commonwealth officer )
Omit "sections 70, 72, 73, 74, 75 and 76" substitute "section 70".
148 Subsection 17B(3) (definition of section 17B offence )
Omit "any of sections 29, 29A, 29B, 29C, 29D, 71 and 72", substitute "section 29 of this Act, an offence against section 131.1, 132.1, 132.6, 132.7, 134.1, 134.2, 135.1, 135.2, 135.4, 145.4 or 145.5 of the Criminal Code ".
149 Sections 29A, 29B, 29C, 29D and 30
Repeal the sections.
150 Paragraph 30K(a)
Repeal the paragraph.
151 Sections 32 and 33
Repeal the sections.
152 Section 50
Repeal the section.
153 Part V
Repeal the Part.
154 Sections 71, 71A, 72, 73, 73A, 74, 75 and 76
Repeal the sections.
155 Sections 85J, 85K, 85L and 85M
Repeal the sections.
156 Section 85P
Repeal the section.
157 Section 85ZF
Repeal the section.
158 Subsection 86(2)
Repeal the subsection.
159 Paragraph 86(10)(b)
Omit "of this section; and", substitute "of this section.".
160 Paragraph 86(10)(c)
Repeal the paragraph.
161 Section 88
Repeal the section.
162 Subsection 4(1) (paragraph (c) of the definition of Records offence )
Omit "section 29D or 86A of the Crimes Act 1914 ", substitute "section 134.1, 134.2 or 135.1 of the Criminal Code ".
163 At the end of section 183UA
Add:
(3) For the purposes of this Part, an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to this Act is taken to be an offence against this Act.
164 Section 232
Repeal the section.
165 Paragraph 232A(b)
Omit "any officer, or any person assisting an officer, in the execution of his duty", substitute "any person assisting an officer in the execution of the officer's duty".
166 Section 112
Repeal the section.
167 Subsection 114(1)
Omit "subsection 112(1)", substitute "section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
168 Subsection 117(1)
Omit "or 112".
169 Section 73B
Repeal the section.
170 Section 73F
Omit "73B," (wherever occurring).
171 Section 80
Repeal the section.
172 Section 81
Repeal the section.
173 Section 116Z
Repeal the section.
Defence (Special Undertakings) Act 1952
174 Section 24
Repeal the section.
Diplomatic and Consular Missions Act 1978
175 Subsection 5(8)
Repeal the subsection.
Disability Discrimination Act 1992
176 Subsection 111(1)
Omit all the words after "other than", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".
177 Section 112
Repeal the section.
178 Section 72
Repeal the section.
Environment Protection (Alligator Rivers Region) Act 1978
179 Subsection 27(2)
Repeal the subsection.
180 Section 32
Repeal the section.
181 Paragraphs 120(1)(v), (va) and (vb)
Repeal the paragraphs.
182 Paragraph 120(2)(c)
Repeal the paragraph.
183 Section 123
Repeal the section.
184 Paragraph 124(1)(a)
Repeal the paragraph.
185 Paragraph 124(1)(d)
Omit "any officer or any person acting in his or her aid or assistance in the execution of his or her duties", substitute "any person acting in aid or assistance of an officer in the execution of the officer's duties".
186 Paragraph 124(1)(e)
Repeal the paragraph.
187 Section 12
Repeal the section.
188 Section 16
Repeal the section.
Export Expansion Grants Act 1978
189 Section 18
Repeal the section.
Export Inspection and Meat Charges Collection Act 1985
190 Paragraph 10(2)(a)
Omit "or (3)", substitute "of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".
191 Subsection 10(3)
Repeal the subsection.
Note: The penalty at the end of section 10 does not form part of subsection 10(3).
Export Market Development Grants Act 1997
192 Subsection 16(2) (paragraph (b) of the definition of relevant offence )
Repeal the paragraph.
Note: The Reader's Guide to the Export Market Development Grants Act 1997 is altered by omitting the entry relating to the Crimes Act 1914 .
193 Subsection 16(2) (paragraph (d) of the definition of relevant offence )
Omit ", (b)".
194 Subsection 16(2) (at the end of the definition of relevant offence )
Add:
; or (e) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code that relates to an application for a grant.
195 Paragraph 78(1)(b)
Repeal the paragraph.
196 Paragraph 78(1)(d)
Omit ", (b) or (c);", substitute "or (c); or".
197 After paragraph 78(1)(d)
Insert:
(e) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code that relates to an application for a grant;
198 Section 102
Repeal the section.
199 Paragraph 103(1)(a)
Repeal the paragraph, substitute:
(a) a person is convicted of an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code ; and
Farm Household Support Act 1992
200 Subsection 41(6)
Repeal the subsection.
201 Subsection 42(6)
Repeal the subsection.
202 Subsection 54(8)
Repeal the subsection.
Financial Management and Accountability Act 1997
203 Section 61
Repeal the section.
Financial Sector (Shareholdings) Act 1998
204 Section 37
Repeal the section.
205 Section 38
Repeal the section.
206 Subsection 4(1)
Insert:
"offence against this Act" includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.
207 Subsections 9(1) and (2)
Omit ", 107".
208 Section 107
Repeal the section.
209 At the end of section 164
Add:
(10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
Foreign Acquisitions and Takeovers Act 1975
210 Section 36A
Repeal the section.
Great Barrier Reef Marine Park Act 1975
211 Subsection 3(1)
Insert:
"offence against this Act" includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
212 Paragraph 39P(4)(c)
Omit "or 39R", substitute "of this Act or a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part".
213 Section 39R
Repeal the section.
214 At the end of section 64
Add:
(8) Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
Great Barrier Reef Marine Park Regulations
215 Subregulation 49(1)
Repeal the subregulation.
216 Paragraph 49(2)(b)
Omit "subregulation (1)", substitute "section 136.1 or 137.1 of the Criminal Code ".
216A Subregulation 49(3)
Repeal the subregulation, substitute:
(3) Subregulation (2) applies to an application for an authorisation as if references in that subregulation to a permission were references to an authorisation.
Hazardous Waste (Regulation of Exports and Imports) Act 1989
217 Section 54
Repeal the section.
218 Section 55
Repeal the section.
219 Subsection 124B(1) (paragraphs (d) and (e) of the definition of relevant offence )
Repeal the paragraphs, substitute:
(d) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 144.1, 145.1, 145.4 or 145.5 of the Criminal Code , being an offence relating to a claim for payment in respect of the rendering of a professional service.
Health Insurance Commission Act 1973
220 Paragraphs 3A(2)(d) and (e)
Repeal the paragraphs, substitute:
(d) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code , being an offence relating to a claim for payment in respect of the rendering of a professional service.
221 Paragraphs 3A(2A)(e) and (f)
Repeal the paragraphs, substitute:
(e) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code , being an offence relating to a claim for payment in respect of the rendering of a professional service.
222 Subsection 10(2)
Repeal the subsection, substitute:
(2) A person is guilty of an offence if the person:
(a) is given a notice by the Minister under subsection (1); and
(b) refuses or fails to comply with the notice to the extent that the person is capable of complying with it.
Penalty: 20 penalty units.
223 At the end of subsection 10(3)
Add "or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".
224 Subsection 17(3)
Repeal the subsection.
Note: The penalty at the end of section 17 does not form part of subsection 17(3).
225 Subsection 23(5)
Repeal the subsection, substitute:
(5) A person must not, without reasonable excuse, fail to comply with a requirement made of the person by an inspector in the exercise of a power under this section.
Penalty: 20 penalty units.
226 Subsection 23(7)
Repeal the subsection.
227 Subsections 26(1) and (3)
Omit ", 13(3) or 23(7)", substitute "or 13(3)".
Home Deposit Assistance Act 1982
228 Subsections 61(1) and (2)
Repeal the subsections.
229 Subsection 61(3)
Omit "this section", substitute "section 136.1 or 137.1 of the Criminal Code that relates to this Act".
230 Subsection 50(1)
Repeal the subsection.
231 Subsection 50(2)
Omit "subsection (1)", substitute "section 136.1 or 137.1 of the Criminal Code that relates to this Act".
Human Rights and Equal Opportunity Commission Act 1986
232 Section 25
Repeal the section.
233 At the end of section 26
Add:
Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code deal with making false or misleading statements, giving false or misleading information and producing false or misleading documents.
234 Section 33
Omit "25,".
Immigration (Guardianship of Children) Act 1946
235 Section 10
Repeal the section, substitute:
10 False statements in applications
For the purposes of section 136.1 of the Criminal Code , an application made for the purposes of this Act is taken to be an application for a benefit.
Imported Food Control Act 1992
236 Subsection 3(1) (definition of forging )
Repeal the definition.
237 Subsection 3(1) (definition of uttering )
Repeal the definition.
238 Section 18 (note)
Repeal the note.
239 Section 19 (note)
Repeal the note.
240 At the end of Division 2 of Part 2
Add:
Forging
(1) For the purposes of this Division, a person is taken to have forged a document if the person:
(a) makes a document which is false, knowing it to be false; or
(b) without authority, alters a genuine document in a material particular;
with intent that:
(c) the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or
(d) another person may, in the belief that it is genuine, be induced to do or refrain from doing an act, whether in Australia or elsewhere.
(2) For the purposes of this Division, if a person:
(a) makes a document which is false, knowing it to be false; or
(b) without authority, alters a genuine document in a material particular;
with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:
(c) to the prejudice of another person; or
(d) with the result that another person would be induced to do or refrain from doing an act, whether in Australia or elsewhere;
the first - mentioned person is taken to have forged the document.
Uttering
(3) For the purposes of this Division, a person is taken to utter a forged document if the person:
(a) uses or deals with it; or
(b) attempts to use or deal with it; or
(c) attempts to induce another person to use, deal with, act upon, or accept it.
241 Subsection 30(6)
Repeal the subsection.
Income Tax Assessment Act 1936
242 Section 251A (paragraphs (a) and (b) of the definition of serious taxation offence )
Repeal the paragraphs, substitute:
(a) an offence against section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code , being an offence that relates to a tax liability within the meaning of the Taxation Administration Act 1953 ; or
Industrial Chemicals (Notification and Assessment) Act 1989
243 Section 81
Repeal the section.
Industrial Research and Development Incentives Act 1976
244 Section 37
Repeal the section.
Industry Research and Development Act 1986
245 Subsections 44(1), (2), (3), (4) and (5)
Repeal the subsections.
246 Subsection 44(6)
Omit "or arising out of subsection (1) and an offence against or arising out of subsection (2)", substitute "section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ".
247 Subsections 44(8), (9) and (10)
Repeal the subsections.
Inspector - General of Intelligence and Security Act 1986
248 After paragraph 18(6)(c)
Insert:
(ca) an offence against section 137.1 of the Criminal Code that relates to this section; or
249 Subsection 18(8)
Repeal the subsection.
Insurance Acquisitions and Takeovers Act 1991
250 Subsection 73(2)
Omit "subsections (5), (6), (7), (8) and (9)", substitute "subsections (5) and (9) of this section and sections 137.1 and 137.2 of the Criminal Code ".
251 Subsections 73(6), (7) and (8)
Repeal the subsections.
252 Subsection 73(9)
Omit "proceedings under, or arising out of, this section", substitute "a prosecution for an offence against this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".
253 Section 74
Repeal the section.
254 Subsection 22(5)
Repeal the subsection.
Note: The penalty at the end of section 22 does not form part of subsection 22(5).
255 Subsection 49C(3)
Repeal the subsection.
256 Subsection 56(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) a requirement of APRA or the inspector under section 55 is applicable to the person; and
(b) the person refuses or fails to comply with the requirement to the extent to which the person is able to comply with it.
Penalty: Imprisonment for 3 months.
257 Subsection 56(2)
Omit all the words after "other than", substitute:
a prosecution for:
(a) an offence against subsection (1); or
(b) an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section.
258 Subsection 80(4)
Repeal the subsection.
259 Subsection 82(2)
Repeal the subsection.
260 Subsection 82(4)
Omit all the words after "other than", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to section 81".
261 Section 128
Omit "80(4), 82(1), 82(2)," (wherever occurring), substitute "82(1),".
Insurance (Agents and Brokers) Act 1984
262 Subsection 34A(9)
Repeal the subsection.
263 Subsection 34P(5)
Repeal the subsection.
Interstate Road Transport Act 1985
264 Paragraph 19(3)(a)
Omit "section 47", substitute "section 137.1 of the Criminal Code ".
265 Paragraph 45(4)(a)
Omit "section 47", substitute "section 137.1 of the Criminal Code ".
266 Section 47
Repeal the section.
267 Section 53
Omit "39 or against section 40, 41, 44, 45 or 47" (wherever occurring), substitute "39 of this Act or an offence against section 40, 41, 44 or 45 of this Act or an offence against section 137.1 of the Criminal Code that relates to this Act".
268 Section 249
Repeal the section.
269 Section 96
Repeal the section.
270 Section 97
Repeal the section.
271 Subsections 98(1) and (1A)
Repeal the subsections.
Note: The heading to section 98 is replaced by the heading " Contravention of subsection 13(3) ".
272 Section 102
Repeal the section.
273 Subsection 108(1)
Omit "sections 96, 97 and 98", substitute "section 98".
Meat Export Charge Collection Act 1984
274 Subsection 12(8)
Repeal the subsection.
275 Section 27
Repeal the section.
276 Subsection 5(1) (at the end of the definition of offence against this Act )
Add:
; and (f) an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.
277 Subsection 18(2)
Omit " sections 21, 22 and 23", substitute "section 21 of this Act and sections 137.1 and 137.2 of the Criminal Code ".
278 Section 22
Repeal the section.
279 Section 23
Repeal the section.
280 Section 24
Omit all the words after "other than", substitute:
a prosecution for:
(c) an offence against, or arising out of, this Division; or
(d) an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division.
281 Subsection 137(9)
Repeal the subsection.
282 Subsection 308(4)
Omit "section 487", substitute "section 137.1 or 137.2 of the Criminal Code that relates to this Act or the regulations".
283 Section 487
Repeal the section.
284 At the end of section 493
Add:
(9) Part 2.5 of the Criminal Code does not apply to an offence against this Act or the regulations.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
Motor Vehicle Standards Act 1989
285 Section 31
Repeal the section.
286 Paragraph 103(5)(c)
Repeal the paragraph.
National Occupational Health and Safety Commission Act 1985
287 Subsections 62(3) and (4)
Repeal the subsections.
288 Subsection 62(6)
Omit all the words after "except in", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section".
289 Subsection 203DF(8)
Omit "sections 70, 72, 73, 74 and 75", substitute "section 70".
290 At the end of section 203DF
Add:
Auditor or investigator taken to be a Commonwealth public official
(9) To avoid doubt, a person appointed under subsection (1) of this section is taken, for the purposes of the Criminal Code , to be a Commonwealth public official.
291 Section 160
Repeal the section, substitute:
160 Giving false evidence in connection with deceased seamen's property
A person is guilty of an offence if:
(a) the person gives false evidence; and
(b) the person knows that the evidence is false; and
(c) the person does so for the purpose of obtaining, either for himself, herself or for another person, any property of a deceased seaman.
Penalty: 20 penalty units or imprisonment for 12 months, or both.
292 Paragraphs 386(a) and (b)
Repeal the paragraphs.
293 Paragraph 386(e)
Repeal the paragraph.
294 Section 387
Repeal the section, substitute:
387 Hindering or interfering with masters or officers
A person is guilty of an offence if the person, by violence, threat or intimidation, hinders or interferes with:
(a) the master of a ship; or
(b) an officer of a ship;
in the performance of the master's or officer's duty in relation to the maintenance of the discipline on board the ship.
Penalty: 50 penalty units or imprisonment for 2 years, or both.
295 Subsections 389A(1) and (2)
Repeal the subsections.
296 Subsection 389A(3)
Omit "subsection (1)", substitute "section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code ".
297 Paragraph 389A(5)(b)
Omit "subsection (1)", substitute "section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code ".
Northern Territory (Self - Government) Act 1978
298 Section 52
Repeal the section.
Nuclear Non - Proliferation (Safeguards) Act 1987
299 Subsection 31(2)
Omit "section 76 of the Crimes Act 1914 ", substitute "section 147.1 or 149.1 of the Criminal Code ".
Occupational Health and Safety (Commonwealth Employment) Act 1991
300 Subsection 43(3)
Repeal the subsection.
Occupational Health and Safety (Maritime Industry) Act 1993
301 Subsection 90(3)
Repeal the subsection.
302 Subsection 328(1) (note 2)
Repeal the note, substitute:
Note 2: Section 145.4 of the Criminal Code deals with offences in relation to the proper keeping of the register (for example, falsification of documents).
303 Subsection 405(2)
Omit "contains", substitute "and the Criminal Code contain".
304 Subsection 405(2) (note 2)
Repeal the note, substitute:
Note 2: See Parts 7.3 and 7.4 of the Criminal Code (which deal with fraudulent conduct and false or misleading statements). Those Parts are relevant to statements made in applications under this Act and statements made in documents that are relevant to the calculation of fees (for example, fees payable under the Registration Fees Act for transfers and other dealings).
305 Subsection 405(2) (note 4)
Repeal the note, substitute:
Note 4: See section 145.4 of the Criminal Code for a general offence relating to the falsification of documents kept for the purposes of a law of the Commonwealth. This offence is relevant to offshore mining registers.
306 Subsection 405(2) (note 5)
Omit all the words after "(giving false testimony)".
307 At the end of section 405
Add:
Note 7: See also section 149.1 of the Criminal Code , which deals with obstruction of Commonwealth public officials.
308 Paragraph 9(4)(d)
Omit "section 36", substitute "section 36 of this Act or an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act".
309 Subsection 36(2)
Repeal the subsection.
Passenger Movement Charge Collection Act 1978
310 Subsection 8(2)
Repeal the subsection.
311 Subsection 5(3)
Omit "9B (other than paragraph (f)),", substitute "9B (other than paragraph (b)),".
312 Subsection 5(4)
Omit "or 9B(f)", substitute "or 9B(b)".
313 Section 9B
Repeal the section, substitute:
9B Falsifying foreign passports etc.
A person is guilty of an offence if the person:
(a) within Australia, falsifies a passport issued by or on behalf of the government of a foreign country; or
(b) within Australia, makes a document that is false within intent that the false document may be used, acted on or accepted as if it were a passport issued by or on behalf of the government of a foreign country.
Penalty: Imprisonment for 7 years.
Petroleum Excise (Prices) Act 1987
314 Subsection 6(3)
Repeal the subsection.
Note: The penalty at the end of section 6 does not form part of subsection 6(3).
315 Subsection 10(6)
Omit "subsection (8)", substitute "section 137.1 of the Criminal Code that relates to this section".
316 Subsection 10(8)
Repeal the subsection.
Pooled Development Funds Act 1992
317 At the end of section 47
Add:
(4) The reference in subsection (1) to a provision of this Act includes a reference to section 136.1, 137.1 or 137.2 of the Criminal Code , in so far as that section relates to this Act.
318 Section 52
Repeal the section.
Prawn Export Promotion Act 1995
319 Paragraph 22(2)(a)
Omit "or (3)", substitute "of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".
320 Subsection 22(3)
Repeal the subsection.
321 Subsection 32(2)
Repeal the subsection, substitute:
(2) A person is guilty of an offence if:
(a) the person is subject to a notice under subsection (1); and
(b) the person, without reasonable excuse, refuses or fails to comply with the notice.
Penalty: 20 penalty units.
322 At the end of section 32
Add:
Note: Sections 137.1 and 137.2 of the Criminal Code deal with false or misleading information and documents.
Primary Industries Levies and Charges Collection Act 1991
323 Paragraph 24(2)(a)
Omit "or (3)", substitute "of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".
324 Subsection 24(3)
Repeal the subsection.
324A After subsection 4(3)
Insert:
(3A) For the purposes of this Act, in determining whether a person has derived substantial benefit from the commission of 2 or more public fraud offences, have regard to the aggregate of the benefits derived by the person from the commission of those offences.
324B Subsection 7(1)
Insert:
"public fraud offence" means any of the following:
(a) an offence against section 134.1, 134.2, 135.1 or 135.4 of the Criminal Code ;
(b) an offence against repealed section 29D or 86A of the Crimes Act committed after the commencement of this Act;
(c) an offence against section 5, 6, 7 or 8 of the Crimes (Taxation Offences) Act 1980 committed after the commencement of this Act;
(d) an ancillary offence in relation to an offence covered by paragraph (b) or (c).
Note: The heading to section 7 of the Proceeds of Crime Act 1987 is altered by inserting " public fraud offence and " after " Meaning of ".
324C Subsection 7(1) (definition of serious offence )
Repeal the definition, substitute:
"serious offence" means:
(a) a serious narcotics offence; or
(b) a money laundering offence in relation to the proceeds of a serious narcotics offence; or
(c) an ancillary offence in relation to an offence covered by paragraph (a) or (b); or
(d) an offence that is the subject of a declaration under section 96A.
324D After subsection 7(1)
Insert:
(1A) Paragraph (d) of the definition of serious offence in subsection (1) has effect subject to subsections 96A(2), (4) and (6).
325 Subsection 7(2) (definition of organised fraud offence )
"Repeal the definition" .
325A At the end of section 7
Add:
(3) To avoid doubt, express references in this section to ancillary offences do not imply that section 11.6 of the Criminal Code has no application to a particular provision of this Act.
326 Subsection 34C(2) (definition of relevant offence )
Omit "under section 29A, 29B, 29C, 29D, 71, 86 or 86A of the Crimes Act 1914 ", substitute "against section 131.1, 132.1, 132.6, 132.8, 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code ".
326A At the end of subsection 73(4)
Add:
; or (d) both:
(i) has committed, or is about to commit, 3 or more public fraud offences; and
(ii) has derived, or is about to derive, substantial benefit from the commission of any or all of those offences.
327 Division 2 of Part V
Repeal the Division.
328 Subsection 84(1)
Omit ", 83".
328A Before section 97
Insert:
Convictions of public fraud offences
(1) If:
(a) a person has, at the same sitting, been convicted by a court of 3 or more public fraud offences; and
(b) the DPP applies to the court for an order under this subsection in relation to each of those offences; and
(c) the court is satisfied that the person has derived substantial benefit from the commission of any or all of those offences;
the court must, by order, declare each of those offences to be a serious offence.
(2) A declaration under subsection (1) only has effect in relation to the convictions concerned.
Charges and proposed charges of public fraud offences
(3) If:
(a) a person has been charged with 3 or more public fraud offences; and
(b) the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and
(c) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and
(d) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief;
the court must, by order, declare each of those offences to be a serious offence.
(4) A declaration under subsection (3) only has effect in relation to the charges concerned.
(5) If:
(a) a person is about to be charged with 3 or more public fraud offences; and
(b) the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and
(c) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and
(d) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief;
the court must, by order, declare each of those offences to be a serious offence.
(6) A declaration under subsection (5) only has effect in relation to the proposed charges concerned.
(7) If:
(a) a restraining order is granted in reliance on the charging, or proposed charging, of a person with an ordinary indictable offence; and
(b) the person is subsequently convicted of the offence; and
(c) a court makes an order under subsection (1) in relation to the offence;
this Act has effect as if the restraining order had been granted in reliance on the charging, or proposed charging, of the person with a serious offence.
Protection of Movable Cultural Heritage Act 1986
329 After subsection 3(3)
Insert:
(3A) A reference in this Act to an offence against this Act includes a reference to an offence against section 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.
330 Section 44
Repeal the section.
331 Section 45
Repeal the section.
332 Subsection 46(1)
Omit "or section 45".
333 Subsection 46(2)
Omit "or 44".
334 Paragraph 46(4)(b)
Omit "or section 45".
335 Subsection 22(1)
Repeal the subsection.
336 Subsection 22(2)
Omit "subsection (1)", substitute "section 137.1 or 137.2 of the Criminal Code that relates to this Act".
337 Subsection 22(2)
Omit "under that subsection".
338 Subsection 22(4)
Repeal the subsection.
339 Subsection 43(2)
Omit ", 34" (wherever occurring).
340 Subsection 50(2)
Omit ", 34" (wherever occurring).
341 Subsection 70B(2) (note)
Repeal the note, substitute:
Note 1: It is an offence to fail to answer a question asked under this subsection (see section 74C).
Note 2: It is an offence to give false or misleading information in answer to a question asked under this subsection (see section 137.1 of the Criminal Code ).
342 Subsection 70B(3) (note)
Repeal the note, substitute:
Note 1: It is an offence to fail to produce a document (see section 74C).
Note 2: It is an offence to produce a document knowing that the document is false or misleading unless the document is accompanied by a written statement acknowledging that the document is false or misleading (see section 137.2 of the Criminal Code ).
343 Subsections 74C(3) and (4)
Repeal the subsections.
Note: The note at the end of section 74C does not form part of subsection (4).
344 Section 79
Repeal the section.
345 Paragraph 79A(2)(a)
Repeal the paragraph, substitute:
(a) any criminal proceedings other than a proceeding for:
(i) an offence against subsection 27A(6) or (7), 27B(5) or (6), 28(8) or (9); or
(ii) an offence against section 137.2 of the Criminal Code that relates to this Act; or
346 Section 81
Repeal the section.
Racial Discrimination Act 1975
347 Subsection 27D(1)
Omit all the words after "other than", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".
348 Section 27E
Repeal the section.
349 After subsection 11(1)
Insert:
(1A) A reference in this Act to an offence against this Act includes a reference to an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.
350 Subparagraph 124(3)(b)(iv)
Omit "section 302 or".
351 After subparagraph 124(3)(b)(iv)
Insert:
(iva) whether the operator has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act;
352 Subparagraph 171(3)(b)(ii)
Omit "or 302".
353 At the end of paragraph 171(3)(b)
Add:
; and (iii) whether or not the holder of the permit or an agent of the holder has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.
354 Subsection 210(6)
Omit "section 302", substitute "section 136.1 or 137.1 of the Criminal Code that relates to this Act".
355 Section 302
Repeal the section.
356 At the end of section 306
Add:
(9) Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
Resource Assessment Commission Act 1989
357 Subsection 54(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) at a hearing, the person gives evidence or produces a document; and
(b) the person knows that the evidence or document is false or misleading in a material particular.
Penalty: Imprisonment for 6 months.
358 Subsection 54(2)
Omit "gives it to the Commission," (first occurring).
Note: The heading to section 54 is altered by omitting " or information " and substituting " or documents ".
Retirement Savings Accounts Act 1997
359 Section 145
Omit "paragraph 150(1)(b)", substitute "section 137.1 of the Criminal Code ".
360 Part 12 (heading)
Repeal the heading, substitute:
Part 12 -- Offences relating to records etc.
361 Section 148
Omit "the making of false or misleading statements,".
362 Section 150
Repeal the section.
363 Sections 152 and 153
Repeal the sections.
Seat of Government (Administration) Act 1910
364 Section 7
Repeal the section.
365 The whole of the Act
Repeal the Act.
366 Subsection 91(1)
Omit all the words after "other than", substitute "a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act".
367 Section 93
Repeal the section.
Ships (Capital Grants) Act 1987
368 Subsection 29(2)
Omit "subsection (3)", substitute "section 137.2 of the Criminal Code ".
369 Subsection 29(3)
Repeal the subsection.
370 Subsections 30(1) and (2)
Repeal the subsections.
371 Subsections 30(4), (5) and (6)
Repeal the subsections.
372 Subsection 30(7)
Repeal the subsection, substitute:
(7) A person must not be convicted of:
(a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 17(1) of this Act; or
(b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
in respect of the same claim for a grant.
373 Subsections 30(9), (10) and (11)
Repeal the subsections.
374 Subsection 32(1)
Omit "or 30(1) or (2)", substitute "of this Act or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
375 Subsection 32(1)
Omit "under that subsection".
376 Section 8
Repeal the section.
Stevedoring Industry Levy Collection Act 1977
377 Section 8B
Repeal the section, substitute:
8B Compliance with section 8A requirements
A person must not intentionally or recklessly fail to comply with the requirements of section 8A.
Penalty: 20 penalty units.
378 Subsection 9(1)
Repeal the subsection, substitute:
(1) A person must not refuse or fail to furnish a return or information that the person is required under section 6 to furnish.
Penalty: 30 penalty units.
379 Subsection 10(5)
Repeal the subsection.
380 Subsection 49(1)
Repeal the subsection, substitute:
(1) A person must not, without reasonable excuse, contravene section 48.
Penalty: Imprisonment for 12 months.
381 Subsection 49(2)
After "subsection (1)", insert "of this section or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
382 Subsection 163A(2)
Omit "subsections (3), (4) and (5)", substitute "subsections (3) and (5) of this section and section 137.2 of the Criminal Code ".
383 Subsection 163A(4)
Repeal the subsection.
384 Paragraphs 163A(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) in the case of an individual--in any criminal proceedings other than:
(i) proceedings under, or arising out of, this section; or
(ii) a prosecution for an offence against section 137.1 of the Criminal Code that relates to this section; or
(b) in the case of a body corporate--in any criminal proceedings other than:
(i) proceedings under, or arising out of, this Act, the superseded Act or regulations under either Act; or
(ii) a prosecution for an offence against the Criminal Code that relates to this Act.
385 Subsections 167(1), (1A) and (2)
Repeal the subsections.
386 Subsection 167(3)
Omit "subsection (1)", substitute "section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act".
Superannuation Industry (Supervision) Act 1993
387 Section 299V
Omit "paragraph 302(1)(b)", substitute "section 137.1 of the Criminal Code ".
388 Section 302
Repeal the section.
389 Section 304
Repeal the section.
390 Section 305
Repeal the section.
Sydney Airport Demand Management Act 1997
391 Subsection 62(4)
Omit "sections 29A and 29B of the Crimes Act 1914 ", substitute "sections 134.1, 134.2, 135.1 and 135.2 of the Criminal Code ".
392 Subsection 62(4)
Omit "public authority under the Commonwealth", substitute "Commonwealth entity".
393 Subsection 62(5)
Omit "sections 73 and 75 of the Crimes Act 1914 ", substitute "sections 141.1, 142.1, 142.2, 148.1 and 148.2 of the Criminal Code ".
394 Subsection 62(5)
Omit "Commonwealth officers", substitute "Commonwealth public officials".
Taxation Administration Act 1953
395 Subsection 3E(11) (paragraph (c) of the definition of tax - related offence )
Omit "section 29D or 86A of the Crimes Act 1914 ", substitute "section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code ".
396 Paragraph 8J(3)(c)
Omit "section 29D or 86A of the Crimes Act 1914 ", substitute "section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code ".
397 Section 8X
Repeal the section.
398 Paragraph 8Z(1)(d)
Omit "section 29D or 86A of the Crimes Act 1914 ", substitute "section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code ".
Telecommunications (Interception) Act 1979
399 Paragraph 5D(4)(a)
Omit "or 83".
400 After paragraph 5D(4)(a)
Insert:
(aa) section 135.3 of the Criminal Code ;
Torres Strait Fisheries Act 1984
401 Subsection 3(1)
Insert:
"offence against this Act" includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.
402 At the end of paragraphs 43(1)(a), (b), (c) and (ca)
Add "and".
403 Paragraph 43(1)(d)
Repeal the paragraph.
404 Paragraphs 43(1)(f) and (g)
Repeal the paragraphs.
405 Subsection 43(2)
Repeal the subsection.
406 At the end of section 53A
Add:
(4) Part 2.5 of the Criminal Code does not apply to an offence against this Act or the regulations.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
407 Subsection 55(1)
Omit "subsection 43(2) or".
Veterans' Entitlements Act 1986
408 Subsection 54(7)
Repeal the subsection.
409 Subsection 54A(7)
Repeal the subsection.
410 Subsection 54AA(8)
Repeal the subsection.
411 Subsection 127(5)
Repeal the subsection.
Wool Tax (Administration) Act 1964
412 Section 27A
Repeal the section.
413 Section 304
Repeal the section.
414 Section 304A
Repeal the section.
415 Section 305
Repeal the section, substitute:
305 Non - compliance with requirement made by an inspector
A person is guilty of an offence if the person, without reasonable excuse, contravenes a requirement made by an inspector under subparagraph 86(1)(b)(iv) or subsection 86(2).
Penalty: Imprisonment for 6 months.
416 Section 305A
Repeal the section, substitute:
305A Non - compliance with requirement made by an authorised officer
A person is guilty of an offence if the person, without reasonable excuse, contravenes a requirement made by an authorised officer under paragraph 83BH(4)(d) or subsection 83BH(5).
Penalty: Imprisonment for 6 months.
417 Section 306
Repeal the section.
Part 2 -- Transitional provisions
418 Transitional--pre - commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .
419 Transitional--pre - commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first - mentioned provision is amended by this Schedule;
the amendment of the first - mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.