Commonwealth Numbered Regulations

EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 326 - SCHEDULE 4

(regulation 6)

[4001] Subregulation 43 (1), at the foot

insert

Penalty:
10 penalty units.

[4002] Subregulation 43 (2)

substitute

(2)

An offence against subregulation (1) is an offence of strict liability.

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

(3)

It is a defence to a prosecution for an offence against subregulation (1) if the defendant had a reasonable excuse.

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

[4003] Subregulation 60A (6)

substitute

(6) If a copy of a roll, or part of a roll, has been provided under this regulation, a person must not use the information obtained for a purpose that is not:

(a)

a purpose in connection with the election; or

(b)

to monitor the accuracy of the information contained in the roll.

Penalty:
10 penalty units.

[4004] Subregulation 64 (8), at the foot

insert

Penalty:
10 penalty units.

[4005] Subregulation 64 (9)

substitute

(9)

An offence against subregulation (8) is an offence of strict liability.

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

(10)

It is a defence to a prosecution for an offence against subregulation (8) if the defendant had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (10) (see section 13.3 of the Criminal Code ).

[4006] Subregulation 81 (2B)

substitute

(2B) If a copy of a roll, or part of a roll, has been provided under this regulation, a person must not use the information for a purpose that is not:

(a)

a purpose in connection with the election; or

(b)

to monitor the accuracy of the information contained in the roll.

Penalty:
10 penalty units.

[4007] Subregulation 83 (2)

substitute

(2)

A person must not refuse or fail to comply with a direction lawfully given to him or her under subregulation (1).

Penalty:

(a)

for an individual — 5 penalty units; and

(b)

for a body corporate — 10 penalty units.

(3)

Strict liability applies to the physical element of failing to comply in subregulation (2).

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

(4)

It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (4) (see section 13.3 of the Criminal Code ).

[4008] Subregulation 95 (8)

substitute

(8)

A person must comply with a direction given to him or her under subregulation (7).

Penalty:
5 penalty units.

(9)

An offence against subregulation (8) is an offence of strict liability.

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

(10)

It is a defence to a prosecution for an offence against subregulation (8) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (10) (see section 13.3 of the Criminal Code ).

[4009] Subregulation 98B (2)

omit

wilfully

[4010] Subregulation 98D (3)

omit

wilfully

[4011] Subregulation 98O (2B)

substitute

(2B) If a copy of a roll or part of a roll, has been provided under this regulation, a person must not use the information obtained for a purpose that is not:

(a)

a purpose in connection with the election; or

(b)

to monitor the accuracy of the information contained in the roll.

Penalty:
10 penalty units.

[4012] Subregulation 98P (2)

substitute

(2)

A person must not contravene a direction lawfully given to him or her under subregulation (1).

Penalty:

(a)

for an individual — 5 penalty units; and

(b)

for a body corporate — 10 penalty units.

(3)

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

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

(4)

It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (4) (see section 13.3 of the Criminal Code ).

[4013] Subregulation 98Y (10)

substitute

(10)

A person must not contravene a direction given to him or her under subregulation (9).

Penalty:
5 penalty units.

(11)

An offence against subregulation (10) is an offence of strict liability.

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

(12)

It is a defence to a prosecution for an offence against subregulation

(10)

if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (12) (see section 13.3 of the Criminal Code ).

[4014] Subregulation 98ZE (2)

omit

wilfully

[4015] Subregulation 98ZG (3)

omit

wilfully

[4016] Regulation 118

substitute

118 Elections or ballots conducted by the Australian Electoral Commission — no unauthorised action
(1) If:

(a)

an election for an office in an organisation or branch of an organisation is conducted by the Australian Electoral Commission under the Act; or

(b)

a secret postal ballot of the members of an organisation is conducted by the Australian Electoral Commission under the Act;

a person other than the person conducting that election or ballot, as the case may be, must not do, or purport to do, any act in the conduct of the election or ballot as the case may be.

Penalty:
2 penalty units.

(2)

Strict liability applies to the physical element in subregulation (1) that the election or ballot is conducted under the Act.

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

(3)

It is a defence to a prosecution for an offence against subregulation (1) if the person was authorised or directed by the person conducting the election or ballot to do the act in the conduct of the election or ballot.

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

[4017] Regulation 128

substitute

128 False statement in document

(1)

A person must not make a false statement in a document lodged in the Industrial Registry under these Regulations.

Penalty:
10 penalty units.

(2)

Strict liability applies to the physical element in subregulation (1) that the document was lodged under these Regulations.

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

[4018] After subregulation 131A (1), including the penalty

insert

(1AA)

Strict liability applies to the physical element in subregulation (1) that the record is in accordance with this Part.

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

[4019] After subregulation 131A (2), including the penalty

insert

(3)

Strict liability applies to the physical element in paragraph (2) (a) that the particular is of a kind mentioned in regulation 131D or paragraph 131H (f).

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

[4020] Subregulation 131K (1)

substitute

(1) Subject to subregulation (2) or (3), an employer must not alter a record, or allow a record to be altered.

Penalty:
10 penalty units.

[4021] Paragraph 131L (1) (b) 

omit

(except in relation to an employee employed under an AWA);

insert

in relation to an employee that is not employed under an AWA;

[4022] After subregulation 131M (1), including the penalty

insert

(1A)

Strict liability applies to the physical element in subregulation (1) that the employer is an employer to whom subregulation 131L (1) applies.

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

[4023] After subregulation 131N (2), including the penalty

insert

(2AA)

Strict liability applies to the physical element in subregulation (2) that the records are required to be kept under regulation 131A.

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

[4024] Subregulation 131U (1)

substitute

(1) A person commits an offence if:

(a)

the person makes, or makes use of, an entry in any record required to be kept under this Part; and

(b)

the person does so knowing that the entry is false or misleading.

Penalty:
10 penalty units.

[4025] After subregulation 131U (2), including the penalty

insert

(3)

Strict liability applies to the physical element in subregulations (1) and

(2)

that the record is required to be kept under this Part.

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

[4026] After subregulation 132A (2), including the penalty

insert

(3)

Strict liability applies to the physical element in subregulation (2) that the particulars are specified in regulation 132B.

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

[4027] Subregulation 132E (1)

substitute

(1) An employer who employs, as an employee in Victoria, a person who is not employed under an award, a certified agreement, an AWA or an old IR agreement must give to the employee a written payslip in accordance with subregulation (2) at the time of giving the employee his or her pay.

Penalty:
10 penalty units.

[4028] Subregulation 135 (2)

substitute

(2)

A person must not refuse or fail to comply with a summons served on him or her for the purposes of paragraph (1) (a).

Penalty:
5 penalty units.

(2A)

Strict liability applies in subregulation (2) to the physical element of failing to comply.

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

(2B)

It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2B) (see section 6.1 of the Criminal Code ).