Commonwealth Consolidated Acts

CRIMES LEGISLATION AMENDMENT (TELECOMMUNICATIONS OFFENCES AND OTHER MEASURES) ACT (NO. 2) 2004 - SCHEDULE 4

Part   1 -- Alternative verdicts

Criminal Code Act 1995

1   At the end of section   11.2 of the Criminal Code

Add:

  (7)   If the trier of fact is satisfied beyond reasonable doubt that a person either:

  (a)   is guilty of a particular offence otherwise than because of the operation of subsection   (1); or

  (b)   is guilty of that offence because of the operation of subsection   (1);

but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence.

2   Application of amendment

The amendment made by item   1 applies to prosecutions brought after the commencement of that item.

Part   2 -- Obtaining financial advantage

Criminal Code Act 1995

3   Paragraph 135.2(1)(a) of the Criminal Code

Repeal the paragraph, substitute:

  (a)   the person engages in conduct; and

  (aa)   as a result of that conduct, the person obtains a financial advantage for himself or herself from another person; and

  (ab)   the person knows or believes that he or she is not eligible to receive that financial advantage; and

4   Paragraph 135.2(2)(a) of the Criminal Code

Repeal the paragraph, substitute:

  (a)   the person engages in conduct; and

  (aa)   as a result of that conduct, the person obtains a financial advantage for another person from a third person; and

  (ab)   the person knows or believes that the other person is not eligible to receive that financial advantage; and

Part   3 -- Knowledge of law

Criminal Code Act 1995

5   Subsection 9.3(2) of the Criminal Code

Repeal the subsection, substitute:

  (2)   Subsection   (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the Act is expressly to the contrary effect.

6   Paragraph 9.4(2)(a) of the Criminal Code

Omit "or impliedly".

7   Paragraph 9.4(2)(b) of the Criminal Code

Repeal the paragraph.

8   Transitional--pre - commencement offences

(1)   Despite the amendment or repeal of a provision by this Part, 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 .