Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.2 - The elements of an offence  

Division 6 - Cases where fault elements are not required  

SECTION 6.2   Absolute liability  

(1)  
If a law that creates an offence provides that the offence is an offence of absolute liability:


(a) there are no fault elements for any of the physical elements of the offence; and


(b) the defence of mistake of fact under section 9.2 is unavailable.

(2)  
If a law that creates an offence provides that absolute liability applies to a particular physical element of the offence:


(a) there are no fault elements for that physical element; and


(b) the defence of mistake of fact under section 9.2 is unavailable in relation to that physical element.

(3)  
The existence of absolute liability does not make any other defence unavailable.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.