Document ID: chunk:federal_register_of_legislation:C2005A00104:clause:3a_43
Version: federal_register_of_legislation:C2005A00104
Segment Type: clause
Provision Reference: sch 3A cl 43
Character Range: 37837–38420

43  Alternative verdict if aggravated offence not proven

  If, on a trial for an offence against clause 41:
 (a) the arbiter of fact is not satisfied that the defendant engaged in the activity with the intention of making a commercial gain; and
 (b) the arbiter of fact is otherwise satisfied that the defendant has committed an offence against clause 40;
the arbiter may find the defendant not guilty of the offence against clause 41 but guilty of an offence against clause 40, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.