Commonwealth Numbered Regulations

DEFENCE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 278 - SCHEDULE 3

(regulation 5)

[1] After regulation 3

insert

3A 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 23 (2)

substitute

(2)

A person is guilty of an offence if:

(a)

the person sells or supplies intoxicating liquor to another person; and

(b)

that other person is a member of the Air Training Corps, is under 18 years, and is in uniform.

Penalty:
1 penalty unit.

(3)

Subregulation (2) does not apply if the liquor is sold or supplied by direction of a duly qualified medical practitioner.

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code ).

(4)

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

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