Commonwealth Numbered Regulations

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 60 - SCHEDULE 13

(regulation 15)

[1] Paragraph 7 (3) (d)

omit

$2,000; or

insert

20 penalty units; or

[2] Paragraph 7 (3) (e)

omit

$10,000.

insert

100 penalty units.

[3] After subregulation 7 (3)

insert

(4)

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

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

[4] Subregulation 8 (2)

omit

$2,000.

insert

20 penalty units.

[5] After subregulation 8 (2)

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 .

[6] Subregulation 9 (2), penalty

substitute

Penalty:
1 penalty unit.

[7] After subregulation 9 (2), including the penalty

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 .

[8] Subregulation 12 (4)

substitute

(4)

If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.

(5) It is a defence to a prosecution under subregulation (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 (4) is an offence of strict liability.

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

[9] Subregulation 13 (1)

substitute

(1) A person must not, either directly or indirectly:

(a)

make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log-book; or

(b)

produce to a person any part of a log-book in which information has been recorded under these Regulations.

Penalty:
5 penalty units.

(1A)

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

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

(1B)

Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.

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