Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/16

Criminal CodeNo 12, 1995 SCHEDULE—continued :(a) the Act is expressly or impliedly to the contrary effect; or
 * (b) the ignorance or mistake negates a fault element that applies to a physical element of the offence.

Mistake or ignorance of subordinate legislation

9.4(1) A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of the subordinate legislation that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence.

(2) Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if:
 * (a) the subordinate legislation is expressly or impliedly to the contrary effect; or
 * (b) the ignorance or mistake negates a fault element that applies to a physical element of the offence; or
 * (c) at the time of the conduct, copies of the subordinate legislation have not been made available to the public or to persons likely to be affected by it, and the person could not be aware of its content even if he or she exercised due diligence.

(3) In this section:

“available” includes available by sale;

“subordinate legislation” means an instrument of a legislative character made directly or indirectly under an Act, or in force directly or indirectly under an Act.

Claim of right

9.5(1) A person is not criminally responsible for an offence that has a physical element relating to property if:
 * (a) at the time of the conduct constituting the offence, the person is under a mistaken belief about a proprietary or possessory right; and
 * (b) the existence of that right would negate a fault element for any physical element of the offence.

(2) A person is not criminally responsible for any other offence arising necessarily out of the exercise of the proprietary or possessory right that he or she mistakenly believes to exist.

(3) This section does not negate criminal responsibility for an offence relating to the use of force against a person.