Commonwealth Numbered Regulations

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 8 - SCHEDULE 1

(regulation 3)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Antarctic Marine Living Resources Conservation Regulations 1994 .

[2] Subregulation 11 (1)

omit

knowingly or recklessly

[3] Subregulation 11 (2)

omit everything before paragraph (a), insert

(2)

However, it is a defence to a prosecution under subregulation (1) if the person:

[4] Subregulation 11 (2), at the foot

insert

Note
A defendant bears an evidential burden in relation to the matters mentioned in paragraphs 2 (a), (b) and (c) (see section 13.3 of the Criminal Code ).

[5] Paragraphs 11 (3) (a) to (c)

omit

without reasonable excuse,

insert

unless he or she has a reasonable excuse,

[6] Subregulation 11 (3), after the penalty

insert

Note
A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[7] Subregulation 11 (4)

substitute

(4)

A person who holds a permit, or an individual identified in a permit as an individual under the permit holder's control, must not engage in conduct that contravenes a condition of the permit.

Penalty:
10 penalty units.