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 471.29   Defences to offences against this Subdivision  

Belief 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.