Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p10
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 10/31)
Character Range: 59834–62582

person who is committing criminal trespass.
 (4) This section does not apply if:
 (a) the person is responding to lawful conduct; and
 (b) he or she knew that the conduct was lawful.
However, conduct is not lawful merely because the person carrying it out is not criminally responsible for it.

10.5  Lawful authority
  A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.

Part 2.4—Extensions of criminal responsibility

Division 11

11.1  Attempt
 (1) A person who attempts to commit an offence commits the offence of attempting to commit that offence and is punishable as if the offence attempted had been committed.
 (2) For the person to be guilty, 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.
 (3) For the offence of attempting to commit an offence, intention and knowledge are fault elements in relation to each physical element of the offence attempted.
Note: Under section 3.2, only one of the fault elements of intention or knowledge would need to be established in respect of each physical element of the offence attempted.
 (3A) Subsection (3) has effect subject to subsection (6A).
 (4) A person may be found guilty even if:
 (a) committing the offence attempted is impossible; or
 (b) the person actually committed the offence attempted.
 (5) A person who is found guilty of attempting to commit an offence cannot be subsequently charged with the completed offence.
 (6) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of attempting to commit that offence.
 (6A) Any special liability provisions that apply to an offence apply also to the offence of attempting to commit that offence.
 (7) It is not an offence to attempt to commit an offence against section 11.2 (complicity and common purpose), section 11.2A (joint commission), section 11.3 (commission by proxy), section 11.5 (conspiracy to commit an offence) or section 135.4 (conspiracy to defraud).

11.2  Complicity and common purpose
 (1) A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.
 (2) For the person to be guilty:
 (a) the person's conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person; and
 (b) the offence must have been committed by the other person.
 (3) For the person to be guilty, the person must have intended that:
 (a) his or her conduct would aid, abet, counsel or procure