Document ID: chunk:federal_register_of_legislation:C2025C00060:section:11:p10
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 11 (pt 10/22)
Character Range: 139851–142600

to prove an aggravated offence, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the matters referred to in paragraph (1)(a), (b) or (c).
 (4) In this section:
offensive weapon includes:
 (a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
 (b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.

71.14  Defence—activities involving serious harm
  A person is not criminally responsible for an offence against section 71.4 or 71.5 if the conduct causing serious harm to another person is engaged in by the first‑mentioned person:
 (a) for the purpose of benefiting the other person or in pursuance of a socially acceptable function or activity; and
 (b) having regard to the purpose, function or activity, the conduct was reasonable.
Note 1: If a person causes less than serious harm to another person, the prosecution is obliged to prove that the harm was caused without the consent of the person harmed (see for example section 71.6).
Note 2: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

71.15  Defence—medical or hygienic procedures
  A person is not criminally responsible for an offence against section 71.8 in respect of any sexual penetration carried out in the course of a procedure in good faith for medical or hygienic purposes.
Note: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

71.16  Jurisdictional requirement
  A person commits an offence under this Division only if:
 (a) the conduct constituting the alleged offence occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly or partly on board an Australian aircraft or an Australian ship; or
 (b) the conduct constituting the alleged offence occurs wholly outside Australia and:
 (i) at the time of the alleged offence, the person is an Australian citizen; or
 (ii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
 (iii) at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia; or
 (iv) the conduct is subject to the jurisdiction of another State Party to the Convention established in accordance with paragraph 1 or 2 of article 10 and the person enters Australia; or
 (c) the alleged offence is committed against an Australian citizen; or
 (d) by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State