Conclusion

10.103       The ALRC concludes that the following Commonwealth laws should be further reviewed to determine whether they unjustifiably impose strict liability:

• various counter-terrorism and national security offences provided under the Criminal Code 1995 (Cth) and ss 20 and 21 of the Charter of the United Nations Act 1945 (Cth);

• reporting requirements under customs legislation; and

• the imposition of strict liability in relation to commercial scale infringement offences in copyright law.

10.104       Counter-terrorism and national security laws, including those mentioned above, should be subject to further review to ensure that the laws do not unjustifiably impose strict or absolute liability, or encroach upon other rights and freedoms. Further review on this basis could be conducted by the Independent National Security Legislation Monitor (INSLM) and the Parliamentary Joint Committee on Intelligence and Security.

10.105       The Productivity Commission may wish to consider the imposition of strict liability in relation to commercial scale copyright infringement offences as part of its review of intellectual property arrangements.

10.106       Finally, strict and absolute liability provisions should be reviewed to ensure they provide a consistent and uniform standard of safeguards.