Commonwealth Numbered Regulations

HEALTH AND AGEING LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 9 - SCHEDULE 3

(regulation 5)

[1] Paragraphs (6) (1) (e) and (f)

substitute

(e)

that refers to goods, or substances or preparations containing goods, mentioned in Schedule 3, 4 or 8 to the Poisons Standard; or

(f)

that are not registered or listed; or

[2] Subregulation 6 (1), penalty

substitute

Penalty:
10 penalty units.

[3] After subregulation 6 (1A)

insert

(1B)

For the purposes of an offence under subregulation (1), strict liability applies to the following physical elements:

(a)

that the use of a restricted representation has not been approved under subregulation 7C (1) or permitted under subregulation 9 (1);

(b)

that the goods, substances or preparations are mentioned in Schedule 3, 4 or 8 to the Poisons Standard;

(c)

the elements mentioned in subparagraphs

(1) (g) (i), (ii) and (iii).

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

(1C) It is a defence to a prosecution under subregulation (1) if:

(a)

in relation to an advertisement mentioned in paragraph (1) (e) — the goods, substances or preparations are mentioned in Appendix H of the Standard; and

(b)

in relation to goods mentioned in paragraph (1) (f) — the goods are exempt goods, other than goods of a kind mentioned in paragraph (1) (g).

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

[4] Subregulation 6 (2), at the foot

insert

Note
A defendant bears a legal burden in relation to the matters mentioned in subregulation (2) (see section 13.4 of the Criminal Code ).

[5] Subregulation 6 (5), at the foot

insert

Note
A defendant bears a legal burden in relation to the matters mentioned in subregulation (5) (see section 13.4 of the Criminal Code ).

[6] Paragraph 9A (1) (a)

substitute

(a)

specified in Part 1 of Schedule 10; and

[7] Subregulation 9A (1)

omit

unless the sponsor supplies

insert

if the sponsor does not supply

[8] Subregulation 9A (1), penalty

substitute

Penalty:
10 penalty units.

[9] After subregulation 9A (1), including the penalty

insert

(1AAA)

For the purposes of an offence under subregulation (1), strict liability applies to the physical element mentioned in paragraph (1) (a).

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

(1AA)

It is a defence to a prosecution under subregulation (1) if the goods are specified in Schedule 3 to the Poisons Standard.

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

[10] Subregulation 9A (1A)

omit

unless the sponsor supplies

insert

if the sponsor does not supply

[11] After subregulation 9A (1A), including the penalty

insert

(1B)

For the purposes of an offence under subregulation (1A), strict liability applies to the physical element mentioned in paragraph (1A) (a).

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

[12] After subregulation 9R (2), including the penalty

insert

(2A)

For the purposes of an offence under subregulation (1) or (2) in relation to information of a kind mentioned in paragraph (1) (f) or (2) (f), strict liability applies to the physical element that the goods mentioned in that paragraph are not listed in Appendix 5 to the Therapeutic Goods Advertising Code.

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

[13] Subregulation 12A (3), penalty

substitute

Penalty:
10 penalty units.

[14] After subregulation 12A (3), including the penalty

insert

(3A)

An offence under subregulation (3) is an offence of strict liability.

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

[15] Subregulation 13 (9), penalty

substitute

Penalty:
5 penalty units.

[16] After subregulation 13 (9), including the penalty

insert

(10)

An offence under subregulation (9) is an offence of strict liability.

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

[17] Subregulation 14 (2), penalty

substitute

Penalty:
5 penalty units.

[18] After subregulation 14 (2), including the penalty

insert

(2A)

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

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

[19] Paragraph 32 (1) (b)

omit

by an authorised officer, refuse or fail, without reasonable excuse:

insert

by an authorised officer, fail:

[20] Paragraph 32 (1) (c)

omit

by an official analyst, refuse or fail, without reasonable excuse, to give any information

insert

by an official analyst, fail to give any information

[21] Subregulation 32 (1), penalty

substitute

Penalty:
10 penalty units.

[22] After subregulation 32 (1), including the penalty

insert

(1A)

For the purposes of an offence under paragraph (1) (a), strict liability applies to the physical element that the duties mentioned in that paragraph are duties under these Regulations.

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

(1B)

An offence under paragraph (1) (b) or (c) is an offence of strict liability.

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

(1C)

It is a defence to a prosecution under paragraph (1) (b) or (c) if the person has a reasonable excuse.

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

[23] Subregulation 32 (2)

omit

to refuse or fail to comply

insert

to fail to comply

[24] Subregulation 33 (3), penalty

substitute

Penalty:
1 penalty unit.

[25] After subregulation 33 (3), including the penalty

insert

(4)

An offence under subregulation (3) is an offence of strict liability.

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