Australian Capital Territory Repealed Acts

This legislation has been repealed.

CRIMINAL CODE 2001 NO 64 (REPEALED) - SECT 18

    (1)     If a law that creates an offence provides that the offence is an offence of absolute 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 not available.

    (2)     If a law that creates an offence provides that absolute 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 not available in relation to that physical element.

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