Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 13 - SCHEDULE 10

(regulation 12)

[1] Subregulation 2 (1), after definition of D-value

insert

"engage in conduct "means:

(a)

do an act; or

(b)

omit to perform an act.

[2] Regulation 5B

substitute

5B Tampering with road speed governors etc

(1)

A person must not engage in conduct in relation to a vehicle to which regulation 5A applies if the result is to enable the vehicle's maximum road speed capability to exceed 100 kilometres per hour.

Penalty:
5 penalty units.

(2)

For subregulation (1), strict liability applies in relation to the physical element that regulation 5A applies to a vehicle.

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

[3] After subregulation 12C (6), including the penalty

insert

(7)

An offence against subregulation (4) or (6) is an offence of strict liability.

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

[4] Regulation 12E

substitute

12E False statement of gross vehicle mass

(1)

The owner of a motor vehicle commits an offence if, in an application made in accordance with the approved form under section 9 of the Act:

(a)

the owner makes a statement to the effect that the vehicle, in conjunction with any trailer that may be drawn by the vehicle, is being operated within the manufacturer's gross vehicle mass or gross combination mass; and

(b)

the statement is false or misleading.

Penalty:
10 penalty units.

(2)

Strict liability applies to the physical element that a form was an approved form under section 9 of the Act.

Note
A person can be criminally responsible for an offence even if he or she is mistaken about, or ignorant of, the existence or content of an Act or subordinate legislation; see sections 9.3 and 9.4 of the Criminal Code .

[5] After subregulation 12H (6), including the note

insert

(7)

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

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

[6] Subregulation 12I (3)

omit

without reasonable excuse

[7] Subregulation 12I (3), penalty

substitute

Penalty:
30 penalty units.

[8] Subregulation 12I (3A)

omit

, without reasonable excuse,

[9] Subregulation 12I (3B)

omit

, without reasonable excuse,

[10] Subregulation 12I (3B), penalty

substitute

Maximum penalty:
for the driver of a vehicle other than a B-double — 30 penalty units.

[11] After subregulation 12I (4)

insert

(5)

An offence against subregulation (3) or (3B) is an offence of strict liability.

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

(6)

It is a defence to a prosecution under subregulation (3) that the defendant had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see subsection 13.3 (3) of the Criminal Code ).

[12] Subregulation 12K (2), penalty

substitute

Maximum penalty:
for the driver of a vehicle other than a B-double — 20 penalty units.

[13] After subregulation 12K (2), including the penalty

insert

(2A)

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

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

[14] Subregulation 12L (1)

omit

, without reasonable excuse,

[15] Subregulation 12L (1), penalty

substitute

Maximum penalty:
10 penalty units.

[16] After subregulation 12L (2)

insert

(3)

An offence against subregulation (1) 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 under subregulation (1) that the defendant had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see subsection 13.3 (3) of the Criminal Code ).

[17] Regulation 12ZAB

substitute

12ZAB Certain B-doubles not to be operated

(1)

A person may operate a B-double that does not comply with the requirements of this Division only if, under regulation 12ZB, the B-double is taken to comply with those requirements.

Penalty:
5 penalty units.

(2)

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

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

[18] Subregulation 15 (1), penalty

substitute

Penalty:
5 penalty units.

[19] Subregulation 15 (4), penalty

substitute

Penalty:
5 penalty units.

[20] After subregulation 15 (4), including the penalty

insert

(5)

An offence against subregulation (4) is an offence of strict liability.

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

[21] Subregulation 17 (1), penalty

substitute

Penalty:
3 penalty units.

[22] Subregulation 17 (2), penalty

substitute

Penalty:
5 penalty units.

[23] Subregulation 17 (3), penalty

substitute

Penalty:
3 penalty units.

[24] After subregulation 17 (3), including the penalty

insert

(4)

An offence against subregulation (1), (2) or (3) is an offence of strict liability.

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

[25] Subregulation 20 (1), penalty

substitute

Penalty:
3 penalty units.

[26] Subregulation 20 (2), penalty

substitute

Penalty:
5 penalty units.

[27] After subregulation 20 (2), including the penalty

insert

(3)

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

(4) Strict liability applies in subregulation (2) to the physical element that a declaration was made or forwarded for the purposes of subregulation (1).

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

[28] Subregulation 22 (1), penalty

substitute

Penalty:
3 penalty units.

[29] Subregulation 22 (2), penalty

substitute

Penalty:
3 penalty units.

[30] Subregulation 22 (3), penalty

substitute

Penalty:
5 penalty units.

[31] After subregulation 22 (3), including the penalty

insert

(4)

An offence against subregulation (1), (2) or (3) is an offence of strict liability.

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

[32] Subregulation 23B (1)

omit

except where the registration certificate has been stolen, lost or destroyed,

[33] Subregulation 23B (1), penalty

substitute

Penalty:
5 penalty units.

[34] Subregulation 23B (2)

omit

except where the registration label has been stolen, lost or destroyed,

[35] Subregulation 23B (2), penalty

substitute

Penalty:
5 penalty units.

[36] After subregulation 23B (2), including the penalty

insert

(3)

An offence against subregulation (1) or (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 under subregulation (1) or (2) that the registration certificate or registration label has been stolen, lost or destroyed.

Note
A defendant bears an evidential burden in relation to the question whether or not a certificate or label has been stolen, lost or destroyed (see subsection 13.3 (3) of the Criminal Code ).

[37] Subregulation 24 (1)

omit

except where a registration plate issued in respect of the motor vehicle or trailer has been stolen, lost or destroyed,

[38] Subregulation 24 (1), penalty

substitute

Penalty:
3 penalty units.

[39] Subregulation 24 (2), penalty

substitute

Penalty:
3 penalty units.

[40] After subregulation 24 (2), including the penalty

insert

(3)

An offence against subregulation (1) or (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 under subregulation (1) that the registration plate has been stolen, lost or destroyed.

Note
A defendant bears an evidential burden in relation to the question whether or not a registration plate has been stolen, lost or destroyed (see subsection 13.3 (3) of the Criminal Code ).

[41] Subregulation 26 (1)

omit

who, without reasonable excuse:

insert

who:

[42] Subregulation 26 (1)

omit

$500.

insert

5 penalty units.

[43] Subregulation 26 (2)

omit

who, without reasonable excuse:

insert

who:

[44] Subregulation 26 (2)

omit

$500.

insert

5 penalty units.

[45] Subregulation 26 (3)

omit

who, without reasonable excuse:

insert

who:

[46] Subregulation 26 (3)

omit

$500.

insert

5 penalty units.

[47] Subregulation 26 (4)

substitute

(4)

A person must not engage in conduct that results in damage to, or the alteration, defacement or destruction of, a certificate of registration, registration label, or registration plate issued by a Registration Authority for a motor vehicle or trailer.

Penalty:
5 penalty units.

[48] Subregulation 26 (5)

substitute

(5)

This subregulation applies to:

(a)

a certificate in a form that resembles the approved form for a certificate of registration under this Division, and is deceptive or likely to deceive; and

(b)

a label in a form that resembles the approved form for a registration label under this Division, and is deceptive or likely to deceive; and

(c)

a plate the specifications of which resemble the specifications of a registration plate under this Division, and is deceptive or likely to deceive.

(6)

Any person who prints or manufactures a certificate, label or plate to which subregulation (5) applies is guilty of an offence.

Penalty:
5 penalty units.

(7)

Any person who has in his or her possession a certificate, label or plate to which subregulation (5) applies is guilty of an offence.

Penalty:
5 penalty units.

(8)

An offence against subregulation (1), (2), (3), (6) or (7) is an offence of strict liability.

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

(9)

It is a defence to a prosecution under subregulation (1), (2), (3)

(6)

or (7) that the defendant had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see subsection 13.3 (3) of the Criminal Code ).

(10)

It is a defence to a prosecution under subregulation (4) that the alteration, damage, defacement or destruction of a certificate of registration, registration label, or registration plate was done in accordance with these Regulations or a direction lawfully given by a Registration Authority.

Note
A defendant bears an evidential burden in relation to the matters set out in subregulation (10) (see subsection 13.3 (3) of the Criminal Code ).

[49] Regulation 28

omit

Where:

insert

(1)

If:

[50] Regulation 28, penalty

substitute

Penalty:
3 penalty units.

[51] Regulation 28

after the penalty, insert

(2)

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

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

[52] Subregulation 29 (1), penalty

substitute

Penalty:
5 penalty units.

[53] After subregulation 29 (2)

insert

(3)

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

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

[54] Regulation 29A

substitute

29A Vehicle to be operated according to registration

(1)

The owner of a motor vehicle or trailer may operate the motor vehicle or trailer, or allow it to be operated, only if it is operated as a vehicle of the type for which charge has been paid or, under subsection 5 (2) of the Charge Act, is taken to have been paid, in respect of its registration.

Penalty:
10 penalty units.

(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 under subregulation (1) that the defendant had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see subsection 13.3 (3) of the Criminal Code ).

[55] Subregulation 51B (1), penalty

substitute

Penalty:
5 penalty units.

[56] Subregulation 51B (2), penalty

substitute

Penalty:
5 penalty units.

[57] After subregulation 51B (3)

insert

(4)

An offence against subregulation (1) or (2) is an offence of strict liability.

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