Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p22
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 22/24)
Character Range: 60721–63271

is someone who is under 16 years of age.

Note 1: For absolute liability, see section 6.2.

Note 2: For a defence based on belief about age, see section 474.29.

 (2) For the purposes of an offence against subsection 474.26(2) or (3) or 474.27(2) or (3), absolute liability applies to the physical elements of circumstance of the offence that the other person referred to in paragraph 474.26(2)(b) or (3)(e) or 474.27(2)(c) or (3)(f) is at least 18 years of age.

Note 1: For absolute liability, see section 6.2.

Note 2: For a defence based on belief about age, see section 474.29.

 (3) For the purposes of sections 474.26 and 474.27, evidence that the recipient was represented to the sender as being under or of a particular age is, in the absence of evidence to the contrary, proof that the sender believed the recipient to be under or of that age.

 (4) For the purposes of sections 474.26 and 474.27, evidence that the other person referred to in paragraph 474.26(2)(b) or (3)(e) or 474.27(2)(c) or (3)(f) was represented to the sender as being:
 (a) at least 18 years of age; or
 (b) over or of a particular age;
is, in the absence of evidence to the contrary, proof that the sender believed the other person to be at least 18 years of age or over or of that age.

 (5) In determining for the purposes of sections 474.26 and 474.27 how old a person is or was at a particular time, a jury or court may treat any of the following as admissible evidence:
 (a) the person's appearance;
 (b) medical or other scientific opinion;
 (c) a document that is or appears to be an official or medical record from a country outside Australia;
 (d) a document that is or appears to be a copy of such a record.

 (6) Subsection (5) does not make any other kind of evidence inadmissible, and does not affect a prosecutor's duty to do all he or she can to adduce the best possible evidence for determining the question.

 (7) If, on a trial for an offence against sections 474.26 and 474.27, evidence may be treated as admissible because of subsection (5), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.

Impossibility of sexual activity taking place

 (8) A person may be found guilty of an offence against section 474.26 or 474.27 even if it is impossible for the sexual activity referred to in that section to take place.

Fictitious recipient

 (9) For the purposes of sections 474.26 and 474.27, it does not matter that the recipient to whom the sender believes the sender is transmitting the