Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person creates a certificate; and
(b) the person is not entitled to create the certificate.
(2) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility and Part IA of the Crimes Act 1914 contains general principles relating to penalties.
Note 2: For strict liability, see section 6.1 of the Criminal Code .
(3) A person commits an offence if:
(a) the person creates a certificate; and
(b) the person is not entitled to create the certificate.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility and Part IA of the Crimes Act 1914 contains general principles relating to penalties.
(4) To avoid doubt, a penalty may be imposed in respect of each certificate in respect of which a person commits an offence.
Example: An individual who commits an offence under subsection (1) by creating 20 certificates that the individual was not entitled to create would be subject to a maximum penalty of 20 penalty units. If the offence were under subsection (3), the individual would be subject to a maximum penalty of 100 units.
(5) In determining whether a person was not entitled to create a certificate, the fact that the certificate has been registered by the Regulator under section 26 is to be disregarded.
Note: This ensures that a person cannot raise as relevant evidence the fact that a certificate has been registered.