Document ID: chunk:federal_register_of_legislation:C2019A00072:clause:1_3:p4
Version: federal_register_of_legislation:C2019A00072
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 4/6)
Character Range: 12272–14956

information might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability.
Note: For the admissibility in evidence of such information if disclosed in the course of protected conduct, and any information obtained as an indirect consequence, see subsections 273B.9(10) and (11).

Certain matters not required to be proved
 (6) Subsection (1) or (2) applies:
 (a) whether or not the child can be identified as a specific person; and
 (b) whether or not any person actually believes or suspects the matter mentioned in paragraph (1)(c) or (2)(c); and
 (c) whether or not the potential offender can be identified as a specific person; and
 (d) whether or not a child sexual abuse offence is or was actually committed in relation to the child.

Alternative verdict
 (7) If, on a trial of a person for an offence against subsection (1), the trier of fact:
 (a) is not satisfied that the person is guilty of the offence against that subsection; and
 (b) is satisfied beyond reasonable doubt that the person is guilty of an offence against subsection (2);
it may find the person not guilty of the offence against subsection (1) but guilty of the offence against subsection (2).
 (8) Subsection (7) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the offence against subsection (2).

Subdivision C—Rules about conduct of trials

273B.6  Consent to commence proceedings
 (1) Proceedings for an offence against this Division must not be commenced without the consent of the Attorney‑General.
 (2) However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.

273B.7  Evidence relating to a person's age
 (1) In determining for the purposes of this Division how old a person is or was at a particular time, the trier of fact may have regard to any of the following matters:
 (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.
 (2) Subsection (1) does not make any other kind of evidence inadmissible, and does not affect a prosecutor's duty to do all the prosecutor can to adduce the best possible evidence for determining the question.
 (3) If, on a trial by jury for an offence against this Division, regard may be had to a matter because of subsection (1), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.

Subdivision D—Relationship