Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:10_52
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 10 cl 52
Character Range: 34688–35379

52  At the end of section 43
Add:

 (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the judicial power is of the Commonwealth.

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (3) For the person to be guilty of an offence against subsection (1), the person's conduct must be more than merely preparatory to the commission of the offence. The question whether conduct is more than merely preparatory to the commission of the offence is one of fact.

 (4) A person may be found guilty of an offence against subsection (1) even if doing the thing attempted is impossible.