Victorian Current Acts Victorian Current Acts(1) It is a defence to a charge for an offence against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time of the conduct constituting the offence, A reasonably believed that B was 18 years of age or more.
(2) It is a defence to a charge for an offence against section 49I(1) if, at the time of the conduct constituting the offence, A reasonably believed that C was 18 years of age or more.
(3) It is a defence to a charge for an offence against section 49Q(1) or 49R(1) if, at the time of the conduct constituting the offence—
(a) B was 12 years of age or more; and
(b) A reasonably believed that B was 18 years of age or more.
(4) A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1), (2) or (3)(b).
Notes
1 References to A, B and C in this section are references to the same A, B and C referred to in sections 49C, 49E, 49G, 49I, 49L, 49Q and 49R.
2 Whether or not A reasonably believed that B or C was
18 years of age or more depends on the circumstances.
The circumstances include any steps that A took to find
out B or C's age.
3 An evidential burden applies to the matter referred to in subsection (3)(a).
S. 49Y inserted by No. 47/2016 s. 16.