Criminal Code Act 1995
Schedule
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The Criminal Code
Division 474
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Telecommunications offences
Subdivision F
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Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16
SECTION 474.29
Defences to offences against this Subdivision
Offences involving sexual activity - belief that child at least 16 years of age
(1)
It is a defence to a prosecution for an offence against section 474.25A if the defendant proves that, at the time the sexual activity was engaged in, he or she believed that the child was at least 16 years of age.
Offences involving sexual activity with other participant - belief that participant under 18 years of age
(2)
It is a defence to a prosecution for an offence against subsection 474.25A(2) if the defendant proves that, at the time the sexual activity was engaged in, he or she believed that the participant was under 18 years of age.
Aggravated offence involving sexual activity - belief that child did not have mental impairment
(3)
It is a defence to a prosecution for an offence against subsection 474.25B(1) (as that subsection applies because of subparagraph 474.25B(1)(b)(i) ) if the defendant proves that, at the time the defendant committed the offence, he or she believed that the child did not have a mental impairment.
Procuring and " grooming " offences involving child engaging in sexual activity with other participant - belief that participant under 18 years of age
(4)
It is a defence to a prosecution for an offence against subsection 474.26(2) or (3) , 474.27(2) or (3) or 474.27AA(2) or (3) if the defendant proves that, at the time the communication was transmitted, he or she believed that the participant was under 18 years of age.
Offences involving transmission of communication - belief that certain persons at least 16 years of age
(5)
It is a defence to a prosecution for an offence against section 474.26 , 474.27 or 474.27A if the defendant proves that, at the time the communication was transmitted, he or she believed that the recipient was at least 16 years of age.
(5A)
It is a defence to a prosecution for an offence against section 474.27AA if the defendant proves that, at the time the communication was transmitted, the defendant believed that the child was at least 16 years of age.
Trier of fact may take into account whether belief reasonable
(6)
In determining whether the defendant had the belief mentioned in one of the preceding subsections of this section, the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.6 - Telecommunications Services
View history note
Hide history noteOffences involving sexual activity - belief that child at least 16 years of age
(1)
It is a defence to a prosecution for an offence against section 474.25A if the defendant proves that, at the time the sexual activity was engaged in, he or she believed that the child was at least 16 years of age.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
Offences involving sexual activity with other participant - belief that participant under 18 years of age
(2)
It is a defence to a prosecution for an offence against subsection 474.25A(2) if the defendant proves that, at the time the sexual activity was engaged in, he or she believed that the participant was under 18 years of age.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
Aggravated offence involving sexual activity - belief that child did not have mental impairment
(3)
It is a defence to a prosecution for an offence against subsection 474.25B(1) (as that subsection applies because of subparagraph 474.25B(1)(b)(i) ) if the defendant proves that, at the time the defendant committed the offence, he or she believed that the child did not have a mental impairment.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
Procuring and " grooming " offences involving child engaging in sexual activity with other participant - belief that participant under 18 years of age
(4)
It is a defence to a prosecution for an offence against subsection 474.26(2) or (3) , 474.27(2) or (3) or 474.27AA(2) or (3) if the defendant proves that, at the time the communication was transmitted, he or she believed that the participant was under 18 years of age.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
Offences involving transmission of communication - belief that certain persons at least 16 years of age
(5)
It is a defence to a prosecution for an offence against section 474.26 , 474.27 or 474.27A if the defendant proves that, at the time the communication was transmitted, he or she believed that the recipient was at least 16 years of age.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
(5A)
It is a defence to a prosecution for an offence against section 474.27AA if the defendant proves that, at the time the communication was transmitted, the defendant believed that the child was at least 16 years of age.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
Trier of fact may take into account whether belief reasonable
(6)
In determining whether the defendant had the belief mentioned in one of the preceding subsections of this section, the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
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