Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 475 - Miscellaneous  

SECTION 475.1B   Provisions relating to element of offence that particular conduct was engaged in using a carriage service  

Presumption that conduct engaged in using carriage service

(1)  
If:


(a) a physical element of an offence against Subdivision C , D , E or F of Division 474 consists of a person using a carriage service to engage in particular conduct; and


(b) the prosecution proves beyond reasonable doubt that the person engaged in that particular conduct;

then it is presumed, unless the person proves to the contrary, that the person used a carriage service to engage in that conduct.

Note:

A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .

Absolute liability applies to physical element of offence that carriage service was used

(2)  
If:


(a) a physical element of an offence against Subdivision C , D , E or F of Division 474 consists of a person using a carriage service to engage in particular conduct; and


(b) the prosecution proves beyond reasonable doubt that the person intended to engage in that particular conduct;

then absolute liability applies to the physical element of the offence that a carriage service was used to engage in that particular conduct.

Note:

For absolute liability, see section 6.2 .




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