Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p8
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 8/31)
Character Range: 54906–57634

of, the existence or content of an Act that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence.
 (2) Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the Act is expressly to the contrary effect.

9.4  Mistake or ignorance of subordinate legislation
 (1) A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of the subordinate legislation that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence.
 (2) Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if:
 (a) the subordinate legislation is expressly to the contrary effect; or
 (c) at the time of the conduct, the subordinate legislation:
 (i) has not been made available to the public (by means of the Register under the Legislation Act 2003 or otherwise); and
 (ii) has not otherwise been made available to persons likely to be affected by it in such a way that the person would have become aware of its contents by exercising due diligence.
 (3) In this section:
available includes available by sale.
subordinate legislation means an instrument of a legislative character made directly or indirectly under an Act, or in force directly or indirectly under an Act.

9.5  Claim of right
 (1) A person is not criminally responsible for an offence that has a physical element relating to property if:
 (a) at the time of the conduct constituting the offence, the person is under a mistaken belief about a proprietary or possessory right; and
 (b) the existence of that right would negate a fault element for any physical element of the offence.
 (2) A person is not criminally responsible for any other offence arising necessarily out of the exercise of the proprietary or possessory right that he or she mistakenly believes to exist.
 (3) This section does not negate criminal responsibility for an offence relating to the use of force against a person.

Division 10—Circumstances involving external factors

10.1  Intervening conduct or event
  A person is not criminally responsible for an offence that has a physical element to which absolute liability or strict liability applies if:
 (a) the physical element is brought about by another person over whom the person has no control or by a non‑human act or event over which the person has no control; and
 (b) the person could not reasonably be expected to guard against the bringing about of that physical element.

10.2  Duress