Commonwealth Numbered Regulations

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 60 - SCHEDULE 11

(regulation 13)

[1] Subregulation 15 (1)

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, as soon as practicable,

insert

immediately

[2] After subregulation 15 (2)

insert

(3)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[3] After subregulation 16 (4)

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(5)

An offence under subregulation (2) or (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[4] Regulation 17

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The master

insert

(1)

The master

[5] Regulation 17

insert

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[6] Subregulation 20 (2)

substitute

(2)

If the person becomes aware that the information is incomplete or inaccurate, the person must immediately give the complete or correct information to a quarantine officer.

Penalty:
50 penalty units.

(3)

An offence under subregulation (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[7] After subregulation 21 (2), including the penalty

insert

(3)

For subregulations (1) and (2), strict liability applies to the question whether information was given or reported to a quarantine officer under regulation 15, 16, 17, 19 or 20.

Note
For strict liability , see section 6.1 of the Criminal Code .

[8] Regulation 23

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The commander

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(1)

The commander

[9] Regulation 23

insert

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[10] Regulation 27

substitute

(1)

A person must not discharge or remove stores or waste from an overseas vessel or overseas installation at a port in Australia or the Cocos Islands.

Penalty:
30 penalty units.

Note
Port includes, in relation to an aircraft, any place at which an aircraft can land, whether a landing place or not — see subsection 5 (1) of the Act.

(2)

It is a defence to a prosecution under subregulation (1) if the master of the vessel or installation has given the person permission to discharge or remove the relevant stores or waste.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(3)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[11] After subregulation 28 (2)

insert

(3)

An offence under subregulation (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[12] Regulation 30

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For subparagraph

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(1)

For subparagraph

[13] Regulation 30

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(2)

For subregulation (1), strict liability applies to the question of whether section 68A of the Act applies to a vessel or installation.

Note
For strict liability , see section 6.1 of the Criminal Code .