Criminal Code Act 1995

Schedule - The Criminal Code  

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  

SECTION 471.28   Other provisions relating to offences against this Subdivision  

Impossibility of sexual activity taking place

(1)    
A person may be found guilty of an offence against section 471.24 , 471.25 or 471.25A even if it is impossible for the sexual activity referred to in that section to take place.

Fictitious persons

(2)    
For the purposes of an offence against this Subdivision, it does not matter that the recipient to whom the sender believes the sender is causing an article to be carried is a fictitious person represented to the sender as a real person.

(2A)    
For the purposes of an offence against section 471.25A , it does not matter that the child is a fictitious person represented to the sender as a real person.

Attempt not offence

(3)    
It is not an offence to attempt to commit an offence against section 471.24 , 471.25 or 471.25A .