Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (70 of 2020)

Schedule 4   Strengthening child sex offences

Part 1   Main amendments

Criminal Code Act 1995

42   After subsection 474.29(5) of the Criminal Code

Insert:

(5A) It is a defence to a prosecution for an offence against section 474.27AA if the defendant proves that, at the time the communication was transmitted, the defendant believed that the child was at least 16 years of age.

Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.