The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Finance and Administration Legislation Amendment (Application of Criminal Code) Bill (No. 1) 2001

No. , 2001

(Finance and Administration)

A Bill for an Act relating to the application of the Criminal Code to certain offences, and for other purposes

ISBN: 0642 468826

Contents

Parliamentary Contributory Superannuation Act 1948 4

Superannuation Act 1922 5

Superannuation Act 1976 6

Superannuation Act 1990 7

Public Accounts and Audit Committee Act 1951 9

Public Works Committee Act 1969 9

A Bill for an Act relating to the application of the Criminal Code to certain offences, and for other purposes

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Finance and Administration Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001.

2 Commencement This Act commences, or is taken to have commenced, at the later of the following times:

(a) the start of the 28th day after the day on which it receives the Royal Assent; and

(b) the start of the 28th day after the day on which the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4 Application of amendments of Superannuation Acts (1) If the Superannuation Act 1922 is repealed before the commencement of this Act, this Act has effect as if the amendments of the Superannuation Act 1922 contained in Schedule 1 to this Act were amendments of the Superannuation Act 1922 as that Act continues to apply under section 19 of the Superannuation Legislation (Commonwealth Employment--Saving and Transitional Provisions) Act 2001.

(2) If the Superannuation Act 1976 is repealed before the commencement of this Act, this Act has effect as if the amendments of the Superannuation Act 1976 contained in Schedule 1 to this Act were amendments of the Superannuation Act 1976 as that Act continues to apply under section 11 of the Superannuation Legislation (Commonwealth Employment--Saving and Transitional Provisions) Act 2001.

(3) If the Superannuation Act 1990 is repealed before the commencement of this Act, this Act has effect as if the amendments of the Superannuation Act 1990 contained in Schedule 1 to this Act were amendments of the Superannuation Act 1990 as that Act continues to apply under section 18 of the Superannuation Legislation (Commonwealth Employment--Saving and Transitional Provisions) Act 2001.

5 Application of amendments generally (1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Schedule 1--Amendment of Superannuation Acts

1 After section 4E

Insert:

4F Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2 Subsection 21B(5)

Omit "$500", substitute "15 penalty units".

3 At the end of subsection 21B(5)

Add:

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

4 Subsection 21B(7)

Omit ", without reasonable excuse,".

5 Subsection 21B(7)

Omit "$500", substitute "Imprisonment for 6 months, or 30 penalty units, or both".

6 At the end of subsection 21B(7)

Add:

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

7 Subsection 21B(8)

Repeal the subsection, substitute:

(8) Subsection (7) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code).

Superannuation Act 1922

8 After section 5

Insert:

6 Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9 Subsection 143A(3)

Omit "$40", substitute "5 penalty units".

10 At the end of subsection 143A(3)

Add:

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

11 Subsection 143A(8)

Omit all the words after "under subsection (1)", substitute:

must, within 21 days after the day that the judgment debt is satisfied, notify the Board, in such manner as is prescribed, that the judgment debt is satisfied.

Penalty: 5 penalty units.

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

12 Paragraph 150(1)(d)

Omit "$100", substitute "20 penalty units".

13 At the end of subsection 150(1)

Add:

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

Superannuation Act 1976

14 Before section 4

Insert:

3F Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

15 Subsection 44(3)

Omit "intentionally".

16 Subsection 44(3) (at the end of the penalty)

Add ", or 30 penalty units, or both".

17 At the end of subsection 44(3)

Add:

Note: Part 1A of the Crimes Act 1914 contains provisions dealing

18 Subsection 119(7)

Omit all the words after "under subsection (1)", substitute:

must, within 21 days after the day that the judgment debt is satisfied, notify the Board that the judgment debt is satisfied.

Penalty: 5 penalty units.

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

19 Paragraph 163A(1)(a)

Omit "within the time and in the manner specified in the notice,".

20 Paragraph 163A(1)(b)

Omit "in accordance with the notice,".

21 After subsection 163A(1)

Insert:

(1A) For the purposes of subsection (1), the information must be given, or the document must be produced:

(a) within 14 days after the day the notice was served; and

(b) in the manner specified in the notice.

22 Subsection 163A(3) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months, or 30 penalty units, or both.

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

23 Paragraph 168(1)(b)

Omit "a fine of $100", substitute "20 penalty units".

24 At the end of subsection 168(1)

Add:

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

Superannuation Act 1990

25 After section 3A

Insert:

3B Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

26 Subsection 27A(3)

Omit "intentionally".

27 Subsection 27A(3) (at the end of the penalty)

Add ", or 30 penalty units, or both".

28 At the end of subsection 27A(3)

Add:

Note: Part 1A of the Crimes Act 1914 contains provisions dealing with penalties.

Schedule 2--Amendment of other Acts

Public Accounts and Audit Committee Act 1951

1 After section 4

Insert:

4A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2 Section 15

Omit ", without reasonable excuse (proof whereof shall lie upon him),".

3 At the end of section 15

Add:

(2) Subsection (1) does not apply if the person proves that he or she has a reasonable excuse.

Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).

4 Section 16

Omit "knowingly".

5 Section 18

Omit "wilfully".

6 Subsection 19(2)

Omit ", inflict or procure", substitute "or inflict".

Public Works Committee Act 1969

7 After section 5

Insert:

5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

8 Section 28

Omit ", without reasonable excuse (proof whereof shall lie upon him)".

9 At the end of section 28

Add:

(2) Paragraph (1)(a) or (b) does not apply if the person proves that he or she has a reasonable excuse.

Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).

10 Section 29

Omit "knowingly".

11 Section 30

Omit ", without reasonable excuse (proof whereof shall lie upon him),".

12 At the end of section 30

Add:

(2) Paragraph (1)(a), (b) or (c) does not apply if the person proves that he or she has a reasonable excuse.

Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).

13 Section 31

Omit "wilfully".

14 Section 32

Omit "or procure" (wherever occurring).