S 50CA repealed by No 42 of 2010, s 3 and Sch 1 item 1, effective 15 April 2010. S 50CA formerly read:
SECTION 50CA Defence based on belief about age
50CA
It is a defence to a prosecution for an offence against Division
2
that the defendant believed at the time of the sexual intercourse or act of indecency that the person in relation to whom the offence was allegedly committed was 16 or over.
Note:
A defendant bears an evidential burden in relation to the matter in this section (see subsection
13.3(3)
of the
Criminal Code
).
S 50CA amended by No 24 of 2001, s 3 and Sch 10 item 71, by inserting the note at the end. For application provisions, see note under s 3BA.