Commonwealth Numbered Regulations

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 60 - SCHEDULE 12

(regulation 14)

[1] Regulation 1

substitute

These Regulations are the Quarantine (Cocos Islands) Regulations 1982 .

[2] Subregulation 4 (1)

substitute

(1) A person who keeps a domestic animal commits an offence punishable by a fine of 1 penalty unit if:

(a)

the animal is not registered; or

(b)

the person is not shown in the register as the animal's keeper.

[3] Paragraph 4 (2) (c)

substitute

(c)

the person has been resident in the Cocos Islands for less than 21 days; or

(d)

the person has a reasonable excuse for the animal not being registered or for the person not being shown in the register as the animal's keeper.

[4] Subregulation 4 (2), at the foot

insert

Note
A defendant bears an evidential burden in relation to any of the matters mentioned in subregulation (2) — see section 13.3 of the Criminal Code .

[5] After subregulation 4 (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 .

[6] Regulation 6

omit

Where any part

insert

(1)

If any part

[7] Regulation 6, penalty

substitute

Penalty:
1 penalty unit.

[8] Regulation 6

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 .

[9] Subregulations 10 (2), (3) and (4)

substitute

(2)

A person who fails to comply with subregulation (1) commits an offence.

Penalty:
1 penalty unit.

(3)

A person must not remove a registration tag from a domestic animal.

Penalty:
1 penalty unit.

(4) A person must not cause or permit a domestic animal to bear a registration tag that was not issued for the animal.

Penalty:
1 penalty unit.

(5)

It is a defence to a prosecution under subregulation (2), (3) or (4) if the defendant has a reasonable excuse.

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

(6)

An offence under subregulation (2), (3) or (4) is an offence of strict liability.

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

[10] Subregulation 12 (1)

substitute

(1)

A person commits an offence if he or she ceases to keep a domestic animal and fails to deliver the animal into the keeping of another person.

Penalty:
1 penalty unit.

[11] After subregulation 12 (4)

insert

(5)

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

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

[12] Subregulation 15 (2)

substitute

(2)

A person must not fail to answer a question put to him or her under subregulation (1).

Penalty:
1 penalty unit.

(3)

It is a defence to a prosecution under subregulation (2) if the defendant has a reasonable excuse.

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

(4)

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

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

[13] Regulation 16

substitute

(1)

If a domestic animal dies in circumstances that indicate that it may have been infected with a disease, the person who kept it at the time of its death must immediately tell a quarantine officer about the death.

Penalty:
1 penalty unit.

(2) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

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 .

[14] Subregulation 17 (2)

substitute

(2)

A person must not fail to answer a question put to him or her under subregulation (1).

Penalty:
1 penalty unit.

(3)

It is a defence to a prosecution under subregulation (2) if the defendant has a reasonable excuse.

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

(4)

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

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

[15] Regulation 18

substitute

(1)

If a person finds, in goods, symptoms that indicate that the goods are, or are likely to be, infected with a disease, the person must immediately tell a quarantine officer of those symptoms, and of the location of the goods.

Penalty:
1 penalty unit.

(2)

It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

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 .

[16] Subregulation 23 (2), penalty

substitute

Penalty:
1 penalty unit.

[17] After subregulation 23 (2), including the penalty

insert

(2A)

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

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

[18] Subregulation 24 (1), at the foot

insert

Penalty:
1 penalty unit.

[19] After subregulation 24 (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 .

[20] Regulation 27

omit

A person shall not,

insert

(1)

A person must not,

[21] Regulation 27, penalty

substitute

Penalty:
1 penalty unit.

[22] Regulation 27

insert

(2)

Strict liability applies to whether a question was put under these Regulations.

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