Improper creation of certificates—offences
24 Improper creation of certificates—offences
A person commits an offence if:
the person creates a certificate; and
the person is not entitled to create the certificate.
Penalty: 1 penalty unit.
Subsection (1) is an offence of strict liability.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility and Part IA of the Crimes Act 1914 contains general principles relating to penalties.
For strict liability, see section 6.1 of the Criminal Code.
A person commits an offence if:
the person creates a certificate; and
the person is not entitled to create the certificate.
Penalty: 5 penalty units.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility and Part IA of the Crimes Act 1914 contains general principles relating to penalties.
To avoid doubt, a penalty may be imposed in respect of each certificate in respect of which a person commits an offence.
An individual who commits an offence under subsection (1) by creating 20 certificates that the individual was not entitled to create would be subject to a maximum penalty of 20 penalty units. If the offence were under subsection (3), the individual would be subject to a maximum penalty of 100 units.
In determining whether a person was not entitled to create a certificate, the fact that the certificate has been registered by the Regulator under section 26 is to be disregarded.
This ensures that a person cannot raise as relevant evidence the fact that a certificate has been registered.
This Act’s bill:Explanatory memorandumSecond reading speech
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