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 6.1   Strict liability  

(1)  
If a law that creates an offence provides that the offence is an offence of strict 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 available.

(2)  
If a law that creates an offence provides that strict 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 available in relation to that physical element.

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


 

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