Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.3 - Circumstances in which there is no criminal responsibility  

Note:

This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 9 - Circumstances involving mistake or ignorance  

SECTION 9.3   Mistake or ignorance of statute law  

(1)    
A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of an Act that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence.

(2)    
Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the Act is expressly to the contrary effect.

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History

S 9.3(2) substituted by No 127 of 2004, s 3 and Sch 4 item 5, effective 28 September 2004. S 9.3(2) formerly read:

(2)
Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if:

(a) the Act is expressly or impliedly to the contrary effect; or

(b) the ignorance or mistake negates a fault element that applies to a physical element of the offence.

Act No 127 of 2004, s 3 and Sch 4 item 8, contains the following transitional provision:

Transitional - pre-commencement offences  
(1)
Despite the amendment or repeal of a provision by this Part, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

(c) any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2)
Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .

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