Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_14:p8
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 8/8)
Character Range: 70205–71733

Defences to offences against this Subdivision

Belief that recipient at least 16
 (1) It is a defence to a prosecution for an offence against this Subdivision if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the recipient was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Offences involving procuring or "grooming" child for sexual activity with other participant—belief that participant under 18
 (2) It is a defence to a prosecution for an offence against subsection 471.24(2) or (3) or 471.25(2) or (3) if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the participant was under 18.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Trier of fact may take into account whether belief reasonable
 (3) In determining whether the defendant had the belief mentioned in subsection (1) or (2), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.

Subdivision D—Miscellaneous

471.30  Geographical jurisdiction
  Section 15.1 (extended geographical jurisdiction—category A) applies to an offence against Subdivision B or C of this Division.

471.31  Definition of carry by post does not apply
  To avoid doubt, the definition of carry by post in section 470.1 does not apply in relation to Subdivision B or C of this Division.