Commonwealth Numbered Regulations

DEFENCE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 2) 2001 NO. 305 - SCHEDULE 3

(regulation 5)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Defence (Certification of Deaths) Regulations 1953 .

[2] Subregulation 11 (1)

omit

, and that person shall forthwith comply with the requirement

[3] Subregulation 11 (1), penalty

omit

[4] After subregulation 11 (1)

insert

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

(a)

the person is served with a notice under subregulation (1) requiring the person to forward a certificate; and

(b)

the person is in possession of the certificate; and

(c)

the person does not comply with the requirement as soon as practicable.

Penalty:
1 penalty unit or imprisonment for 3 months.

(1B) In paragraph (1A) (a), strict liability applies to the physical element that the notice is made under subregulation (1).

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

[5] Regulation 12

substitute

12 Certificate of death not to be used if competent authority requires it
(1) A person is guilty of an offence if:

(a)

the person knows that a competent authority has demanded, or wishes to secure, a certificate of death to which these Regulations apply; and

(b)

the person presents the certificate to another person or otherwise makes use of, or acts in reliance upon, the certificate.

Penalty:
1 penalty unit or imprisonment for 3 months.

(2)

In paragraph (1) (a), strict liability applies to the physical element that these Regulations apply to the certificate of death.

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