Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 23

    (1)     If a law that creates an offence provides that the offence is a strict liability offence—

        (a)     there are no fault elements for any of the physical elements of the offence; and

        (b)     the defence of mistake of fact under section 36 (Mistake of fact—strict liability) is available.

    (2)     If a law that creates an offence provides that strict liability applies to a particular physical element of the offence—

        (a)     there are no fault elements for the physical element; and

        (b)     the defence of mistake of fact under section 36 is available in relation to the physical element.

    (3)     The existence of strict liability does not make any other defence unavailable.