5AA

Application of the Criminal Code

In force

(1)

Subject to subsection (2), Chapter 2 of the Criminal Code applies to an offence against this Act.

(2)

For the purposes of a Customs prosecution:

(a)

Parts 2.1, 2.2 and 2.3 of the Criminal Code apply; and

(b)

Parts 2.4, 2.5 and 2.6 of the Criminal Code do not apply; and

(c)

a reference to criminal responsibility in Chapter 2 of the Criminal Code is taken to be a reference to responsibility.

(3)

This section is not to be interpreted as affecting in any way the nature of any offence under this Act, the nature of any prosecution or proceeding in relation to any such offence, or the way in which any such offence is prosecuted, heard or otherwise dealt with.

(4)

Without limiting the scope of subsection (3), this section is not to be interpreted as affecting in any way the standard or burden of proof for any offence under this Act that is the subject of a Customs prosecution.

(5)

In this section:

Customs prosecution has the meaning given in section 244.

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