Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_45
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 83189–83870

45  Subsection 474.28(1) of the Criminal Code
Repeal the subsection (not including the notes), substitute:

Age‑related issues—application of absolute liability
 (1) For the purposes of an offence against this Subdivision, absolute liability applies to the physical element of circumstance of the offence that:
 (a) in the case of an offence against section 474.25A—the child is under 16 years of age; and
 (b) in the case of an offence against section 474.26, 474.27 or 474.27A—the recipient is someone who is under 16 years of age.
Note: The heading to section 474.28 of the Criminal Code is altered by omitting "sections 474.26 and 474.27" and substituting "this Subdivision".