Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 2002 Week 14 Hansard (10 December) . . Page.. 4188 ..

3 The XYZ Act 2002, section 10 (1) creates an offence of disclosing certain information about a restraining order. Section 10 (2) provides-

(2) This section does not apply if the disclosure is made to a police officer.

Section 10 (2) is an exception to section 10 (1). A defendant who wishes to rely on the exception has an evidential burden that the disclosure was made to a police officer.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

9

Clause 59, proposed new example

Page 34, line 25-

insert

Example for par (b)

The XYZ Act 2002, section 10 (1) creates an offence of exhibiting a film classified 'R' to a child. Section 10 (2) provides-

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant believed on reasonable grounds that the child was an adult.

Section 10 (2) provides a defence to an offence against section 10 (1). A defendant who wishes to rely on the defence has a legal burden of proving that the defendant believed on reasonable grounds that the child was an adult.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

10

Clause 106 (3)

Page 44, line 21-

omit clause 106 (3)

11

Schedule 1

Proposed new amendment 1.7A

Page 62, line 2-

insert

[1.7A] Section 3

omit

12

Schedule 1

Proposed new amendment 1.21A

Page 65, line 2-

insert

[1.21A] Section 161 (3) (e)

substitute

(e) if the period of imprisonment is longer than 5 years but not longer than 10 years-1 000 penalty units; and

(f) if the period of imprisonment is longer than 10 years-1 500 penalty units.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .