Document ID: chunk:federal_register_of_legislation:C2004A04103:body:0:p8
Version: federal_register_of_legislation:C2004A04103
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and specifies the maximum pecuniary penalty that can be imposed for offences created by such an instrument, then:

     (a) unless the contrary intention appears, the specified penalty is taken to be the maximum penalty that the instrument can prescribe for such offences by natural persons; and

     (b) where a body corporate is convicted of such an offence—the specifying of that penalty is not to be treated as an indication of a contrary intention for the purposes of applying subsection (3).".

27.  After section 4k of the Principal Act the following section is inserted:

Specified defences not to preclude other defences

"4l. Where a provision of a law of the Commonwealth provides a defence to a particular offence, the provision does not, unless the contrary intention appears, prevent the use of any defence that is otherwise available.".

Search warrants

28. Section 10 of the Principal Act is amended by inserting in subsection (1) "Magistrate or" before "Justice of the Peace" (wherever occurring).

29. Section 76 of the Principal Act is repealed and the following section is substituted:

Obstructing etc. public officers

"76. (1) A person must not intentionally and knowingly obstruct, resist, hinder, use violence against, threaten or intimidate:

     (a) a Commonwealth officer who is carrying out, or attempting to carry out, a function or duty of such an officer; or

     (b) a person who is exercising a power, or carrying out a function or duty:

       (i) under a law of the Commonwealth; or

         (ii) on behalf of the Commonwealth or a public authority under the Commonwealth;

     or who is attempting to exercise such a power or carry out such a function or duty.

Penalty: Imprisonment for 2 years.

"(2) This section does not limit the power of a court to punish a contempt of the court.".

Interpretation of Part

  30. Section 85zl of the Principal Act is amended:

     (a) by inserting after paragraph (b) of the definition of "law enforcement agency" the following paragraph:

      "(ba) the Australian Customs Service;";

     (b) by omitting paragraph (g) of the definition of "law enforcement agency" and substituting the following paragraph:

          "(g) the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 of New South Wales, or a similar body established under a law of another State;";

     (c) by omitting "85zp" from the definition of "spent" and substituting "85zm".

PART 5—AMENDMENTS OF THE CRIMES (PROTECTION OF AIRCRAFT) ACT 1973

Principal Act

31. In this Part, "Principal Act" means the Crimes (Protection of Aircraft) Act 19734.

Long title

32. The title of the Principal Act is repealed and the following title is substituted:

"An Act to approve Australia's ratification of the Convention for the Suppression of Unlawful Acts against the