Commonwealth Numbered Regulations

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 337 - SCHEDULE 1

(regulation 3)

[1] Regulation 5

substitute

5 Offences

(1)

A person who does not have the consent of the Director, or a person authorised by the Director, must not, on Museum premises:

(a)

engage in unauthorised conduct that interferes with or causes damage to Museum material; or

(b)

fail to obey a direction of a security officer given in the exercise of his or her powers under these Regulations; or

(c)

engage in conduct that exposes, or causes to be exposed, for show, sale or hire any article for use or consumption by a member of the public; or

(d)

fail to obey a notice displayed in Museum premises; or

(e)

if the person is carrying a prescribed article when he or she enters Museum premises — fail to deposit the prescribed article at the place in the Museum premises made available by the Director for the purpose.

Penalty:
5 penalty units.

(2)

For paragraph (1) (c), the consent must be in writing.

(3) A person who does not have the consent of the Director, or a person authorised by the Director, must not:

(a)

cause or permit an animal belonging to the person or in his or her charge to enter or remain on Museum premises if the animal is not a guide dog for a person with a hearing or visual impairment; or

(b)

attach any article to, or write upon or engage in conduct that defaces, Museum premises; or

(c)

bring any food or drink that is not medication onto Museum premises; or

(d)

consume any food or drink that is not medication on Museum premises in an area that is not set aside by the Director for that purpose; or

(e)

smoke on Museum premises; or

(f)

fish or engage in fishing activities from Museum premises; or

(g)

enter, or remain on an area of Museum premises to which a notice declaring that that area is not open to the public relates.

Penalty:
5 penalty units.

(4)

If, by the same act or omission, a person has committed more than one of the offences created under paragraphs (1) (a), (1) (d) and (3) (b), the person is liable to be prosecuted and punished for one of those offences but is not liable to be punished for more than one of those offences.

(5)

Strict liability applies to paragraphs (1) (b), (d) and (e).

(6)

It is a defence to a prosecution for an offence against subregulation (1) or (3) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

(7)

In paragraph (1) (a):

"unauthorised conduct" means touching, handling or operating Museum material otherwise than in accordance with:

(a)

a notice or instructions for use, displayed next to the material or otherwise on Museum premises; or

(b)

the permission of the Director or a member of the staff of the Museum.

(8)

In paragraph (1) (e):

"prescribed article" means an aerosol container or any other article that is capable of being used to cause damage to Museum material.

[2] Regulation 7

substitute

7 Motor vehicles, water craft etc

(1)

A security officer may direct the person apparently in charge of a motor vehicle that is on Museum premises:

(a)

not to park the vehicle on Museum premises in a place that is not a specified place; or

(b)

not to park the vehicle in a specified place; or

(c)

not to park the vehicle on Museum premises.

(2)

A person must comply with a direction under subregulation (1).

Penalty:
1 penalty unit.

(3)

A security officer may direct the person apparently in charge of a vessel:

(a)

not to enter into a water area of Museum premises; or

(b)

if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or

(c)

to leave a water area of Museum premises.

(4)

A person must comply with a direction under subregulation (3).

Penalty:
5 penalty units.

(5)

Strict liability applies to subregulations (2) and (4).

(6)

It is a defence to a prosecution for an offence against subregulation (2) or (4) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[3] Subregulation 8 (3)

substitute

(3)

The holder of an authority must not sell or supply liquor on Museum premises if the sale or supply is not in accordance with the authority.

Penalty:
5 penalty units.

[4] Subregulation 10 (2)

substitute

(2)

If a person to whom liquor was sold or supplied was not less than 16 years of age, it is a defence to a prosecution for an offence against subregulation (1) that the holder of the authority had reasonable grounds for believing that the person was not less than 18 years of age.

Note
A defendant bears an evidential burden in relation to having had reasonable grounds for the belief (see section 13.3 of the Criminal Code ).

[5] Subregulation 15 (1)

omit everything before paragraph (a), insert

A person who does not have the consent of the Director, or a person authorised by the Director for this regulation, must not:

[6] Subregulation 15 (2)

omit

[7] Further amendments — conversion of references to penalties to penalty units

The penalty at the foot of each of the following provisions is amended by omitting `$500' and inserting `5 penalty units':

* regulation 9
* subregulation 10 (1)
* regulation 11
* regulation 12
* regulation 14
* subregulation 15 (1).