Schedule 1 Amendments of Air Force Regulations 1927

(regulation 3)

[1] After regulation 4

insert

5 Application of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

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

[2] Subregulation 437 (3)

substitute

(3) A person is guilty of an offence if the person:

(a) flies an aircraft in a prohibited area; or

(b) causes or permits another person to fly an aircraft in a prohibited area.

Penalty: 4 penalty units, or imprisonment for 6 months, or both.

(4) For paragraphs (3) (a) and (b), strict liability applies to the physical element that the area is a prohibited area.

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

Schedule 2 Amendments of Australian Military Regulations 1927

(regulation 4)

[1] After regulation 3

insert

4 Application of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

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

[2] Subregulation 770 (6)

substitute

(6) A person is guilty of an offence if the person:

(a) makes an untrue statement in an application under this regulation, or in a statement or declaration in support of an application; or

(b) having received information subject to a condition, fails to comply with the condition (whether that condition is by way of promise or otherwise).

Penalty: 1 penalty unit.

(6A) An offence against paragraph (6) (b) is an offence of strict liability.

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

[3] Regulation 801

substitute

801 Intoxicants not to be taken into hospital

(1) A person is guilty of an offence if the person:

(a) is in possession of intoxicating or spirituous liquor within the boundaries of a military hospital; or

(b) supplies or sells intoxicating or spirituous liquor to an inmate of a military hospital.

Penalty: 1 penalty unit or imprisonment for 3 months.

(2) It is a defence to a prosecution for an offence against subregulation (1) if the person has the permission of the officer in charge of the hospital.

Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

[4] Paragraph 802 (a)

omit

himself

insert

himself or herself

[5] Regulation 802

omit everything after

guilty of

insert

an offence.

Penalty: 1 penalty unit or imprisonment for 3 months.

[6] Subregulation 803 (1)

substitute

(1) A person is guilty of an offence if the person:

(a) personates a member of the Defence Force; or

(b) falsely represents himself or herself to be, or to have been, a member of the Defence Force; or

Penalty: 1 penalty unit.

[7] Regulation 804

substitute

804 Defacing posters etc

(1) A person is guilty of an offence if the person engages in conduct that results in the damage, defacement, removal or destruction of a poster, notice or other document that is displayed:

(a) by, or under the authority of, the Minister or a person engaged in the Department of Defence or an officer of the Defence Force; and

(b) for a purpose connected with the administration of the Act, these Regulations or the Defence Force or part of the Defence Force.

Penalty: 1 penalty unit or imprisonment for 3 months.

(2) Strict liability applies to the physical element in paragraphs (1) (a) and (b).

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

Schedule 3 Amendments of Cadet Forces Regulations 1977

(regulation 5)

[1] After regulation 3

insert

3A Application of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

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

[2] Subregulation 23 (2)

substitute

(2) A person is guilty of an offence if:

(a) the person sells or supplies intoxicating liquor to another person; and

(b) that other person is a member of the Air Training Corps, is under 18 years, and is in uniform.

Penalty: 1 penalty unit.

(3) Subregulation (2) does not apply if the liquor is sold or supplied by direction of a duly qualified medical practitioner.

Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

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

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

Schedule 4 Amendments of Defence (Inquiry) Regulations 1985

(regulation 6)

[1] After regulation 3A

insert

3B Application of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

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

[2] Subregulations 14 (1), (2), (3) and (4)

substitute

(1) A person is guilty of an offence if:

(a) the person is served with a summons to appear before a General Court of Inquiry; and

(b) a reasonable amount for the costs of the person’s conveyance to appear before the Court has been tendered to the person; and

Penalty: 5 penalty units or imprisonment for 3 months.

(1AA) A person is guilty of an offence if:

(a) the person is served with a summons to appear before a General Court of Inquiry; and

(b) a reasonable amount for the costs of the person’s conveyance to appear before the Court has been tendered to the person; and

Penalty: 5 penalty units or imprisonment for 3 months.

(1A) An offence against subregulation (1) or (1AA) 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 for an offence against subregulation (1) or (1AA) if:

(a) the person has been excused by the President of the Court from appearing and reporting at the time and place specified in the summons or from day to day; or

(b) the person has a reasonable excuse for failing to so appear and report.

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

(2) A person is guilty of an offence if the person:

(a) appears before a General Court of Inquiry; and

(b) is called upon by the President of the Court to be sworn or to make an affirmation; and

Penalty: 5 penalty units or imprisonment for 3 months.

(2A) A person is guilty of an offence if the person:

(a) appears before a General Court of Inquiry; and

(b) is called upon by the President of the Court to be sworn or to make an affirmation; and

Penalty: 5 penalty units or imprisonment for 3 months.

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

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

(2C) It is a defence to a prosecution for an offence against subregulation (2) or (2A) if the person has a reasonable excuse for refusing or failing to be sworn or to make an affirmation.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2C) (see section 13.3 of the Criminal Code).

(3) A person is guilty of an offence if:

(a) the person appears as a witness before a General Court of Inquiry; and

(b) the person refuses to answer a question relevant to the inquiry put to that person by:

(i) a member of the Court or, if the Court is constituted by one person, by that person; or

(ii) a legal practitioner appointed to assist the Court; or

(iii) a person who may examine a witness under regulation 55; and

Penalty: 5 penalty units or imprisonment for 3 months.

(3A) A person is guilty of an offence if:

(a) the person appears as a witness before a General Court of Inquiry; and

(b) the person fails to answer a question relevant to the inquiry put to that person by:

(i) a member of the Court or, if the Court is constituted by one person, by that person; or

(ii) a legal practitioner appointed to assist the Court; or

(iii) a person who may examine a witness under regulation 55; and

Penalty: 5 penalty units or imprisonment for 3 months.

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

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

(3C) It is a defence to a prosecution for an offence against subregulation (3) or (3A) if the person has a reasonable excuse for refusing or failing to answer the question.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3C) (see section 13.3 of the Criminal Code).

(4) A person is guilty of an offence if:

(a) the person appears as a witness before a General Court of Inquiry; and

(b) the person has been served with a summons to produce a document or article; and

(i) is in the custody or control of that person; and

(ii) is relevant to the inquiry; and

(d) the person refuses to produce that document or article.

Penalty: 5 penalty units or imprisonment for 3 months.

(4A) A person is guilty of an offence if:

(a) the person appears as a witness before a General Court of Inquiry; and

(b) the person has been served with a summons to produce a document or article; and

(i) in the custody or control of that person; and

(ii) relevant to the inquiry; and

(d) the person fails to produce that document or article.

Penalty: 5 penalty units or imprisonment for 3 months.

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

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

(4C) It is a defence to a prosecution for an offence against subregulation (4) or (4A) if the person has a reasonable excuse for refusing or failing to produce the document or article.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (4C) (see section 13.3 of the Criminal Code).

[3] Subregulation 14 (6)

omit

subregulation (3)

insert

subregulation (3C)

[4] Subregulation 14 (7)

omit

subregulation (4)

insert

subregulation (4C)

[5] Subregulations 32 (1), (2), (3) and (4)

substitute

(1) A person is guilty of an offence if:

(a) the person is served with a summons to appear before a Board of Inquiry; and

(b) a reasonable amount for the costs of the person’s conveyance to appear before the Board has been tendered to the person; and

Penalty: 5 penalty units or imprisonment for 3 months.

(1AA) A person is guilty of an offence if:

(a) the person is served with a summons to appear before a Board of Inquiry; and

(b) a reasonable amount for the costs of the person’s conveyance to appear before the Board has been tendered to the person; and

Penalty: 5 penalty units or imprisonment for 3 months.

(1A) An offence against subregulation (1) or (1AA) 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 for an offence against subregulation (1) or (1AA) if:

(a) the person has been excused by the President of the Board from appearing and reporting at the time and place specified in the summons or from day to day; or

(b) the person has a reasonable excuse for failing to so appear and report.

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

(2) A person is guilty of an offence if the person:

(a) appears before a Board of Inquiry; and

(b) is called upon by the President of the Board to be sworn or to make an affirmation; and

Penalty: 5 penalty units or imprisonment for 3 months.

(2A) A person is guilty of an offence if the person:

(a) appears before a Board of Inquiry; and

(b) is called upon by the President of the Board to be sworn or to make an affirmation; and

Penalty: 5 penalty units or imprisonment for 3 months.

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

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

(2C) It is a defence to a prosecution for an offence against subregulation (2) or (2A) if the person has a reasonable excuse for refusing or failing to be sworn or to make an affirmation.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2C) (see section 13.3 of the Criminal Code).

(3) A person is guilty of an offence if:

(a) the person appears as a witness before a Board of Inquiry; and

(b) the person refuses to answer a question relevant to the inquiry put to that person by:

(i) a member of the Board; or

(ii) a legal practitioner appointed to assist the Board; or

(iii) a person who may examine a witness under regulation 55; and

Penalty: 5 penalty units or imprisonment for 3 months.

(3A) A person is guilty of an offence if:

(a) the person appears as a witness before a Board of Inquiry; and

(b) the person fails to answer a question relevant to the inquiry put to that person by:

(i) a member of the Board; or

(ii) a legal practitioner appointed to assist the Board; or

(iii) a person who may examine a witness under regulation 55; and

Penalty: 5 penalty units or imprisonment for 3 months.

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

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

(3C) It is a defence to a prosecution for an offence against subregulation (3) or (3A) if the person has a reasonable excuse for refusing or failing to answer the question.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3C) (see section 13.3 of the Criminal Code).

(4) A person is guilty of an offence if:

(a) the person appears as a witness before a Board of Inquiry; and

(b) the person has been served with a summons to produce a document or article; and

(i) is in the custody or control of that person; and

(ii) is relevant to the inquiry; and

(d) the person refuses to produce that document or article.

Penalty: 5 penalty units or imprisonment for 3 months.

(4A) A person is guilty of an offence if:

(a) the person appears as a witness before a Board of Inquiry; and

(b) the person has been served with a summons to produce a document or article; and

(i) in the custody or control of that person; and

(ii) relevant to the inquiry; and

(d) the person fails to produce that document or article.

Penalty: 5 penalty units or imprisonment for 3 months.

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

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

(4C) It is a defence to a prosecution for an offence against subregulation (4) or (4A) if the person has a reasonable excuse for refusing or failing to produce the document or article.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (4C) (see section 13.3 of the Criminal Code).

[6] Subregulation 32 (6)

omit

subregulation (3)

insert

subregulation (3C)

[7] Subregulation 32 (7)

omit

subregulation (4)

insert

subregulation (4C)

[8] Regulation 56

substitute

56 False evidence

A person is guilty of an offence if the person gives false evidence before a Court of Inquiry.

Penalty: 5 penalty units or imprisonment for 3 months.

[9] Subregulation 57 (1)

substitute

(1) A person is guilty of an offence if the person:

(a) insults or disturbs a Court of Inquiry; or

(b) interrupts the proceedings of a Court of Inquiry; or

(d) by writing or speech uses words that are false and defamatory of a Court of Inquiry; or

(e) is in contempt of a Court of Inquiry.

Penalty: 5 penalty units or imprisonment for 3 months.

[10] Subregulation 62 (7)

substitute

(7) A person is guilty of an offence if the person contravenes a direction given by the President of a Court of Inquiry under subregulation (1).

Penalty: 5 penalty units or imprisonment for 3 months.

(7A) An offence against subregulation (7) is an offence of strict liability.

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

(7B) It is a defence to a prosecution for an offence against subregulation (7) if the person has a reasonable excuse for contravening the direction.

Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (7B) (see section 13.3 of the Criminal Code).

[11] Subregulation 63 (2)

substitute

(2) A person to whom this regulation applies is guilty of an offence if:

(a) the person either:

(i) discloses to a person, or makes available to the public generally, information contained in the records or report of a Court of Inquiry; or

(ii) copies a document, or part of a document, forming part of the records or report of a Court of Inquiry; or

(iii) discloses to a person, or makes available to the public generally, a document, part of a document, or a copy of all or part of a document, forming part of the records or report of a Court of Inquiry; and

(b) the information or document referred to in paragraph (a) came to the knowledge, or into the possession, of the person in the course of his or her employment.

Penalty: 5 penalty units or imprisonment for 3 months.

(2A) It is defence to a prosecution for an offence against subregulation (2) if the person is acting in the performance of the duties of his or her office.

Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2A) (see section 13.3 of the Criminal Code).

[12] Regulation 74

substitute

74 Duty to answer questions

(1) A member of the Defence Force is guilty of an offence if the member:

(a) appears as a witness before an Investigating Officer or inquiry assistant; and

(b) refuses to answer a question that is relevant to the inquiry and that has been put to the member by an Investigating Officer or inquiry assistant.

Penalty: 5 penalty units or imprisonment for 3 months.

(2) A member of the Defence Force is guilty of an offence if the member:

(a) appears as a witness before an Investigating Officer or inquiry assistant; and

(b) fails to answer a question that is relevant to the inquiry and that has been put to the member by an Investigating Officer or inquiry assistant.

Penalty: 5 penalty units or imprisonment for 3 months.

(3) An offence against subregulation (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 for an offence against subregulation (1) or (2) if the person has a reasonable excuse for refusing or failing to answer the question.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (4) (see section 13.3 of the Criminal Code).

(5) Without limiting the circumstances that may constitute a reasonable excuse for the purposes of subregulation (4), a member has a reasonable excuse for refusing or failing to answer a question if the member considers, on reasonable grounds, that answering the question may:

(a) disclose a secret process of manufacture; or

(b) be prejudicial to the defence of the Commonwealth.

[13] Regulation 74A

substitute

74A Duty to produce document or article

(1) A member of the Defence Force is guilty of an offence if:

(a) the member appears as a witness before an Investigating Officer or an inquiry assistant; and

(b) the member is ordered by the Investigating Officer or inquiry assistant to produce a document or an article that:

(i) is in the custody or control of the member; and

(ii) is relevant to the inquiry; and

Penalty: 5 penalty units or imprisonment for 3 months.

(2) A member of the Defence Force is guilty of an offence if:

(a) the member appears as a witness before an Investigating Officer or an inquiry assistant; and

(b) the member is ordered by the Investigating Officer or inquiry assistant to produce a document or an article that:

(i) is in the custody or control of the member; and

(ii) is relevant to the inquiry; and

Penalty: 5 penalty units or imprisonment for 3 months.

(3) An offence against subregulation (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 for an offence against subregulation (1) or (2) if the person has a reasonable excuse for refusing or failing to produce the document or article.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (4) (see section 13.3 of the Criminal Code).

(5) Without limiting the circumstances that may constitute a reasonable excuse for the purposes of subregulation (4), a member has a reasonable excuse for refusing or failing to produce a document or article if the member considers, on reasonable grounds, that producing the document or article may:

(a) disclose a secret process of manufacture; or

(b) be prejudicial to the defence of the Commonwealth.

Schedule 5 Amendments of Defence Force Discipline Regulations 1985

(regulation 7)

[1] After regulation 3

insert

3A Application of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

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

[2] Subregulation 25B (2)

substitute

(2) A person is guilty of an offence if the person engages in conduct that damages, or tampers or interferes with, a sealed radar device or the seal of a radar device.

Penalty: 5 penalty units.