2005
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

CRIMINAL CODE HARMONISATION BILL 2005 

SUPPLEMENTARY EXPLANATORY STATEMENT

Presented by
Jon Stanhope MLA
Attorney General
September 2005

CRIMINAL CODE HARMONISATION BILL 2005

GOVERNMENT AMENDMENTS

Amendment 1

Schedule 1, Amendment 1.3
Proposed new section 2A
Page 4, line 5
omit
this Act
substitute
this regulation

This amendment amends an incorrect reference to “this Act” in a note. The amendment in the schedule is to a regulation.   

Amendment 2

Schedule 1, Amendment 1.115
Proposed new section 14 (6A)
Page 84, line 19
omit proposed new section 14 (6A)

This amendment will remove the application of strict liability for this offence. Section 14(6) is an offence that requires a person to notify the construction occupations registrar of any changes in the person’s particulars listed in section 21(1)(b) of the Electricity Safety Act 1971, ie. name and address, place of business, etc. Although in most cases the defendant will be aware of a change in these particulars, paragraphs (iv) and (v) of section 21(1)(b), also lists any cancellations of a licence and any other particulars prescribed under the principal Act as requiring notification. These are matters that a person may not be aware of or may not become aware of within seven days, accordingly strict liability is being removed.

Amendment 3

Schedule 1, Amendment 1.116
Page 84, line 20
omit amendment 1.116

This item was a consequential amendment to renumber section 14 upon republication. The renumbering is no longer required with the removal of strict liability by the amendment above. 

Amendment 4

Schedule 1, Amendment 1.214
Proposed new penalty
Page 144, line 23
insert
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

This amendment is to insert a penalty clause that was omitted during the drafting of the Bill.