Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_53
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 53
Character Range: 85164–86139

53  After subsection 474.28(7) of the Criminal Code
Insert:

Issues relating to aggravated offence involving sexual activity
 (7A) For the purposes of an offence against subsection 474.25B(1):
 (a) there is no fault element for the physical element described in paragraph (a) of that subsection other than the fault elements (however described), if any, for the underlying offence; and
 (b) absolute liability applies to the physical element of circumstance of the offence that the child has a mental impairment; and
 (c) strict liability applies to the physical element of circumstance of the offence that the defendant is in a position of trust or authority in relation to the child, or the child is otherwise under the care, supervision or authority of the defendant.
Note 1: For absolute liability, see section 6.2.
Note 2: For strict liability, see section 6.1.
Note 3: For a defence based on belief that the child did not have a mental impairment, see section 474.29.