Document ID: chunk:federal_register_of_legislation:C2025C00025:section:45
Version: federal_register_of_legislation:C2025C00025
Segment Type: section
Provision Reference: s 45
Character Range: 37214–38754

45  Continuation of export controls despite repeal of AHC Act
 (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):
 (a) Part V of the Act continues in force after the repeal; and
 (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.
 (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.
 (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.
 (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.
Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.