Commonwealth Numbered Regulations

DEFENCE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 278 - SCHEDULE 2

(regulation 4)

[1] After regulation 3

insert

4 Application of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

Note
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

[2] Subregulation 770 (6)

substitute

(6)

A person is guilty of an offence if the person:

(a)

makes an untrue statement in an application under this regulation, or in a statement or declaration in support of an application; or

(b)

having received information subject to a condition, fails to comply with the condition (whether that condition is by way of promise or otherwise).

Penalty:
1 penalty unit.

(6A)

An offence against paragraph (6) (b) is an offence of strict liability.

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

[3] Regulation 801

substitute

801 Intoxicants not to be taken into hospital

(1)

A person is guilty of an offence if the person:

(a)

is in possession of intoxicating or spirituous liquor within the boundaries of a military hospital; or

(b)

supplies or sells intoxicating or spirituous liquor to an inmate of a military hospital.

Penalty:
1 penalty unit or imprisonment for 3 months.

(2)

It is a defence to a prosecution for an offence against subregulation (1) if the person has the permission of the officer in charge of the hospital.

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

[4] Paragraph 802 (a)

omit

himself

insert

himself or herself

[5] Regulation 802

omit everything after

guilty of

insert

an offence.

Penalty:
1 penalty unit or imprisonment for 3 months.

[6] Subregulation 803 (1)

substitute

(1)

A person is guilty of an offence if the person:

(a)

personates a member of the Defence Force; or

(b)

falsely represents himself or herself to be, or to have been, a member of the Defence Force; or

(c)

assumes the title of a rank in the Defence Force and does not have the authority to do so.

Penalty:
1 penalty unit.

[7] Regulation 804

substitute

804 Defacing posters etc

(1)

A person is guilty of an offence if the person engages in conduct that results in the damage, defacement, removal or destruction of a poster, notice or other document that is displayed:

(a)

by, or under the authority of, the Minister or a person engaged in the Department of Defence or an officer of the Defence Force; and

(b)

for a purpose connected with the administration of the Act, these Regulations or the Defence Force or part of the Defence Force.

Penalty:
1 penalty unit or imprisonment for 3 months.

(2)

Strict liability applies to the physical element in paragraphs (1) (a) and (b).

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