Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/11

Criminal CodeNo 12, 1995 SCHEDULE—continued :(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 9.2 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 9.2 is available in relation to that physical element.

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

Absolute liability

6.2(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 9.2 is unavailable.

(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 9.2 is unavailable in relation to that physical element.

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