Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p32
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 32/97)
Character Range: 1689653–1692289

the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
 (2) Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act.

Division 475—Miscellaneous

475.1A  Defences for NRS employees and emergency call persons
 (1) A person is not criminally responsible for an offence against a provision of Subdivision C, D, E, F, G, HA or J of Division 474 in relation to particular conduct if the person:
 (a) is an employee of an NRS provider; and
 (b) engages in the conduct in good faith in the course of the person's duties as such an employee.
 (2) A person is not criminally responsible for an offence against a provision of Subdivision C, D, E, F, G, HA or J of Division 474 in relation to particular conduct if the person:
 (a) is an emergency call person; and
 (b) engages in the conduct in good faith in the course of the person's duties as such an emergency call person.

475.1B  Provisions relating to element of offence that particular conduct was engaged in using a carriage service

Presumption that conduct engaged in using carriage service
 (1) If:
 (a) a physical element of an offence against Subdivision C, D, E, F or J of Division 474 consists of a person using a carriage service to engage in particular conduct; and
 (b) the prosecution proves beyond reasonable doubt that the person engaged in that particular conduct;
then it is presumed, unless the person proves to the contrary, that the person used a carriage service to engage in that conduct.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Absolute liability applies to physical element of offence that carriage service was used
 (2) If:
 (a) a physical element of an offence against Subdivision C, D, E, F or J of Division 474 consists of a person using a carriage service to engage in particular conduct; and
 (b) the prosecution proves beyond reasonable doubt that the person intended to engage in that particular conduct;
then absolute liability applies to the physical element of the offence that a carriage service was used to engage in that particular conduct.
Note: For absolute liability, see section 6.2.

475.1  Saving of other laws
 (1) This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
 (2) Without limiting subsection (1), a provision in this Part to the effect that a person is not criminally responsible for an offence against a provision of this Part in relation to particular conduct does not make