Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (42 of 2010)

Schedule 1   Amendments relating to sexual offences against children

Part 2   Amendments relating to child sex offences involving postal or similar services, or carriage services

Criminal Code Act 1995

45   Subsection 474.28(1) of the Criminal Code

Repeal the subsection (not including the notes), substitute:

Age-related issues - application of absolute liability

(1) For the purposes of an offence against this Subdivision, absolute liability applies to the physical element of circumstance of the offence that:

(a) in the case of an offence against section 474.25A - the child is under 16 years of age; and

(b) in the case of an offence against section 474.26, 474.27 or 474.27A - the recipient is someone who is under 16 years of age.

Note: The heading to section 474.28 of the Criminal Code is altered by omitting “ sections 474.26 and 474.27 ” and substituting “ this Subdivision ”.