Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p149
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 149/169)
Character Range: 1559210–1561830

sender as a real person.

Attempt not offence
 (3) It is not an offence to attempt to commit an offence against section 471.24, 471.25 or 471.25A.

471.29  Defences to offences against this Subdivision

Belief that certain persons at least 16
 (1) It is a defence to a prosecution for an offence against this Subdivision (other than section 471.25A) if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the recipient was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
 (1A) It is a defence to a prosecution for an offence against section 471.25A if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the child was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Procuring and "grooming" offences involving child engaging in sexual activity with other participant—belief that participant under 18
 (2) It is a defence to a prosecution for an offence against subsection 471.24(2) or (3), 471.25(2) or (3) or 471.25A(2) or (3) if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the participant was under 18.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Trier of fact may take into account whether belief reasonable
 (3) In determining whether the defendant had the belief mentioned in subsection (1), (1A) or (2), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.

471.29A  Sentencing
 (1) In determining the sentence to be passed, or the order to be made, in respect of a person for an offence against this Subdivision, the court must take into account the following matters:
 (a) the age and maturity of the person in relation to whom the offence was committed;
 (b) if that person was under 10 when the offence was committed—that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;
 (c) the number of people involved in the commission of the offence.
 (2) However, the court need only take into account a matter mentioned in subsection (1) so far as the matter is known to the court and, for a matter mentioned in paragraph (1)(a) or (c), relevant.
 (3) The matters mentioned in subsection (1) are in addition to any other matters the court must take into account (for example, the matters mentioned in section 16A of the Crimes Act