Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.5 - Postal services  

Division 471 - Postal offences  

Subdivision C - Offences relating to use of postal or similar service involving sexual activity with person under 16  

SECTION 471.27   Age-related provisions relating to offences against this Subdivision  

Application of absolute liability

(1)  
For the purposes of an offence against this Subdivision, absolute liability applies to the physical element of circumstance of the offence that the recipient is someone who is under 16.

Note 1:

For absolute liability, see section 6.2 .

Note 2:

For a defence based on belief about age, see section 471.29 .

(2)  
For the purposes of an offence against subsection 471.24(2) or (3) or 471.25(2) or (3) , absolute liability applies to the physical element of circumstance of the offence that the participant is at least 18.

Note 1:

For absolute liability, see section 6.2 .

Note 2:

For a defence based on belief about age, see section 471.29 .

Proof of belief about age - evidence of representation

(3)  
For the purposes of this Subdivision, evidence that the recipient was represented to the sender as being under or of a particular age is, in the absence of evidence to the contrary, proof that the sender believed the recipient to be under or of that age.

(4)  
For the purposes of sections 471.24 and 471.25 , evidence that the participant was represented to the sender as being:


(a) at least 18; or


(b) over or of a particular age;

is, in the absence of evidence to the contrary, proof that the sender believed the participant to be at least 18 or over or of that particular age.

Determining age - admissible evidence

(5)  
In determining for the purposes of this Subdivision how old a person is or was at a particular time, a jury or court may treat any of the following as admissible evidence:


(a) the person ' s appearance;


(b) medical or other scientific opinion;


(c) a document that is or appears to be an official or medical record from a country outside Australia;


(d) a document that is or appears to be a copy of such a record.

(6)  
Subsection (5) does not make any other kind of evidence inadmissible, and does not affect a prosecutor ' s duty to do all he or she can to adduce the best possible evidence for determining the question.

(7)  
If, on a trial for an offence against this Subdivision, evidence may be treated as admissible because of subsection (5), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.




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