Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CRIMINAL CODE 2001 NO 64 (REPEALED) - SECT 17

Strict liability

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

        (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 20 (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 that physical element; and

        (b)     the defence of mistake of fact under section 20 is available in relation to that physical element.

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



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