Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 13 - SCHEDULE 3

(regulation 5)

[1] Subregulation 6 (1)

omit

, except exempt items,

[2] After subregulation 6 (1), including the penalty

insert

(1A)

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

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

(1B)

It is a defence to a prosecution under subregulation (1) that the items not screened or cleared were exempt items.

Note
A defendant bears an evidential burden in relation to whether or not the items were exempt items (see subsection 13.3 (3) of the Criminal Code ).

[3] After subregulation 7 (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] After subregulation 8 (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 .

[5] After subregulation 10 (1), including the penalty

insert

(1A)

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

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

[6] Regulation 11

omit

A terminal

insert

(1)

A terminal

[7] Regulation 11

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 .

[8] Subregulation 13 (1)

omit

must not

insert

may

[9] Subregulation 13 (1)

omit

unless:

insert

only if:

[10] After subregulation 13 (3), including the penalty

insert

(4)

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

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