Criminal Code Act 1995
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
View history note
Hide history noteBelief that certain persons at least 16
(1)
It is a defence to a prosecution for an offence against this Subdivision (other than section 471.25A ) if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the recipient was at least 16.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
(1A)
It is a defence to a prosecution for an offence against section 471.25A if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the child was at least 16.
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
(2)
It is a defence to a prosecution for an offence against subsection 471.24(2) or (3) , 471.25(2) or (3) or 471.25A(2) or (3) if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the participant was under 18.
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
(3)
In determining whether the defendant had the belief mentioned in subsection (1), (1A) or (2), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
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