Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 2.3 - Circumstances in which there is no criminal responsibility  


This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 9 - Circumstances involving mistake or ignorance  

SECTION 9.4   Mistake or ignorance of subordinate legislation  

A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of the subordinate legislation that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence.

Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if:

(a) the subordinate legislation is expressly to the contrary effect; or

(b) (Repealed by No 127 of 2004)

(c) at the time of the conduct, the subordinate legislation:

(i) has not been made available to the public (by means of the Register under the Legislation Act 2003 or otherwise); and

(ii) has not otherwise been made available to persons likely to be affected by it in such a way that the person would have become aware of its contents by exercising due diligence.

In this section:

includes available by sale.

subordinate legislation
means an instrument of a legislative character made directly or indirectly under an Act, or in force directly or indirectly under an Act.

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