Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p148
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 148/169)
Character Range: 1556814–1559452

section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.
 (2) For the purposes of an offence against subsection 471.24(2) or (3), 471.25(2) or (3) or 471.25A(2) or (3), absolute liability applies to the physical element of circumstance of the offence that the participant is at least 18.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.

Proof of belief about age—evidence of representation
 (3) For the purposes of this Subdivision, evidence that a person was represented to the defendant as being under, of, at least or over a particular age is, in the absence of evidence to the contrary, proof that the defendant believed the person to be under, of, at least or over that age (as the case requires).

Determining age—admissible evidence
 (5) In determining for the purposes of this Subdivision how old a person is or was at a particular time, a jury or court may treat any of the following as admissible evidence:
 (a) the person's appearance;
 (b) medical or other scientific opinion;
 (c) a document that is or appears to be an official or medical record from a country outside Australia;
 (d) a document that is or appears to be a copy of such a record.
 (6) Subsection (5) does not make any other kind of evidence inadmissible, and does not affect a prosecutor's duty to do all he or she can to adduce the best possible evidence for determining the question.
 (7) If, on a trial for an offence against this Subdivision, evidence may be treated as admissible because of subsection (5), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.

471.28  Other provisions relating to offences against this Subdivision

Impossibility of sexual activity taking place
 (1) A person may be found guilty of an offence against section 471.24, 471.25 or 471.25A even if it is impossible for the sexual activity referred to in that section to take place.

Fictitious persons
 (2) For the purposes of an offence against this Subdivision, it does not matter that the recipient to whom the sender believes the sender is causing an article to be carried is a fictitious person represented to the sender as a real person.
 (2A) For the purposes of an offence against section 471.25A, it does not matter that the child is a fictitious person represented to the sender as a real person.

Attempt not offence
 (3) It is not an offence to attempt to commit an offence against section 471.24, 471.25 or 471.25A.

471.29  Defences to offences against this Subdivision

Belief that certain persons at least 16