Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 16

An omission to do an act can only be a physical element if—

        (a)     the law creating the offence makes it a physical element; or

        (b)     the law creating the offence impliedly provides that the offence is committed by an omission to do an act that there is a duty to do under a territory law or a law of a State or the Commonwealth.

Note     Law , of the Territory, includes the common law (see Legislation Act

, dict, pt 1).