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
53 After subsection 474.28(7) of the Criminal Code
Insert:
Issues relating to aggravated offence involving sexual activity
(7A) For the purposes of an offence against subsection 474.25B(1):
(a) there is no fault element for the physical element described in paragraph (a) of that subsection other than the fault elements (however described), if any, for the underlying offence; and
(b) absolute liability applies to the physical element of circumstance of the offence that the child has a mental impairment; and
(c) strict liability applies to the physical element of circumstance of the offence that the defendant is in a position of trust or authority in relation to the child, or the child is otherwise under the care, supervision or authority of the defendant.
Note 1: For absolute liability, see section 6.2.
Note 2: For strict liability, see section 6.1.
Note 3: For a defence based on belief that the child did not have a mental impairment, see section 474.29.
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