Bill returned from Main Committee with amendments; certified copy of the bill presented.

Ordered that this bill be considered immediately.

Main Committee’s amendments—

(1)    Schedule 1, item 2, page 3 (lines 12 and 13), omit the heading to subsection 85W(3), substitute:

Exceptions—supply of pharmaceutical products etc. to remote locations

(2)    Schedule 1, item 2, page 3 (after line 24), after subsection 85W(3), insert:

     (3A)    Subsection (1) does not apply in relation to conduct engaged in by a person if the person engages in the conduct:

             (a)    for the purposes of, and in accordance with, a program, prescribed by the regulations, for the supply of packages of pharmaceutical products and medical supplies to remote locations; and

             (b)    in the course of duties, powers or functions performed or exercised by the person in the person’s capacity as:

                   (i)    Australia Post or an employee of Australia Post; or

                  (ii)    a body, or the holder of an office or position, if the body, office or position is prescribed by the regulations in relation to the program; or

                 (iii)    an employee of, or a person who performs services for or on behalf of, a government, body or other person, if the government, body or other person is prescribed by the regulations in relation to the program.

Note 1:  The regulations may prescribe a body or person by reference to a class of bodies or persons, and may make different provision with respect to different classes of bodies or persons (see subsection 33(3A) of the Acts Interpretation Act 1901).

Note 2:  A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).

See this item in context