Commonwealth Numbered Regulations

DEFENCE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 2) 2001 NO. 305 - SCHEDULE 2

(regulation 4)

[1] Subregulation 3 (2)

substitute

(2) A person is guilty of an offence if:

(a)

the person constructs a building within an area; and

(b)

this regulation applies to the area; and

(c)

the building is not in accordance with an approval granted under these Regulations.

Penalty:
20 penalty units.

(3)

Strict liability applies to paragraphs (2) (b) and (c).

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

[2] Subregulation 4 (2)

substitute

(2) A person is guilty of an offence if:

(a)

the person constructs a building within an area; and

(b)

this regulation applies to the area; and

(c)

the building is not in accordance with an approval granted under these Regulations; and

(d)

the building is more than 7.5 metres high.

Penalty:
20 penalty units.

(3)

Strict liability applies to paragraphs (2) (b), (c) and (d).

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

[3] Subregulation 5 (2)

substitute

(2) A person is guilty of an offence if:

(a)

the person constructs a building within an area; and

(b)

this regulation applies to the area; and

(c)

the building is not in accordance with an approval granted under these Regulations; and

(d)

the building is more than 15 metres high.

Penalty:
20 penalty units.

(3)

Strict liability applies to paragraphs (2) (b), (c) and (d).

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

[4] Subregulation 6 (2)

substitute

(2) A person is guilty of an offence if:

(a)

the person constructs a building within an area; and

(b)

this regulation applies to the area; and

(c)

the building is not in accordance with an approval granted under these Regulations; and

(d)

the building is more than 45 metres high.

Penalty:
20 penalty units.

(3)

Strict liability applies to paragraphs (2) (b), (c) and (d).

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

[5] Subregulation 7 (2)

substitute

(2) A person is guilty of an offence if:

(a)

the person constructs a building within an area; and

(b)

this regulation applies to the area; and

(c)

the building is not in accordance with an approval granted under these Regulations; and

(d)

the building is more than 90 metres high.

Penalty:
20 penalty units.

(3)

Strict liability applies to paragraphs (2) (b), (c) and (d).

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

[6] Regulation 9

omit

[7] Subregulation 11 (1)

substitute

(1) A person is guilty of an offence if:

(a)

the person is granted approval under regulation 10; and

(b)

the approval is subject to a condition; and

(c)

the person does not comply with the condition.

Penalty:
20 penalty units.

(1A)

An offence under this regulation is an offence of strict liability.

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

(1B) It is a defence if the person had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (1B) (see section 13.3 of the Criminal Code ).

[8] Regulation 12

substitute

12 Hazardous objects
(1) A person is guilty of an offence if:

(a)

the person brings on to, has on or constructs on affected land an object; and

(b)

the object is hazardous to aircraft or to communications.

Penalty:
20 penalty units.

(2)

An offence under this regulation is an offence of strict liability.

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

(3)

It is a defence if the person had a reasonable excuse for the relevant conduct.

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

[9] Subregulation 13 (5)

substitute

(5) A person is guilty of an offence if:

(a)

a notice is served on the person under this regulation; and

(b)

the person does not comply with a direction in the notice.

Penalty:
20 penalty units.

(5A)

An offence under subregulation (5) is an offence of strict liability.

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

(5B)

It is a defence to a charge under subregulation (5) if the person had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (5B) (see section 13.3 of the Criminal Code ).

[10] Subregulations 15 (4) and (5)

substitute

(4) A person is guilty of an offence if:

(a)

another person (the officer ) is authorised under subregulation (1), (2) or 14 (1); and

(b)

the officer has done, or is about to do, something under these Regulations; and

(c)

the person obstructs or threatens the officer in connection with what the officer has done or is about to do.

Penalty:
10 penalty units.

(5)

Strict liability applies to paragraphs (4) (a) and (b).

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

(6) A person is guilty of an offence if:

(a)

another person (the officer ) is authorised under subregulation (1), (2) or 14 (1); and

(b)

the officer has done, or is about to do, something under these Regulations; and

(c)

the person interferes with what the officer has done or is about to do.

Penalty:
10 penalty units.

(7) Strict liability applies to paragraphs (6) (a) and (b).

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

[11] Subregulation 15 (6)

renumber as subregulation (8)