Document ID: chunk:federal_register_of_legislation:C2006A00171:clause:1_5
Version: federal_register_of_legislation:C2006A00171
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 3260–3921

5  After subsection 16A(2)
Insert:

 (2A) However, the court must not take into account under subsection (1) or (2) any form of customary law or cultural practice as a reason for:
 (a) excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or
 (b) aggravating the seriousness of the criminal behaviour to which the offence relates.

 (2B) In subsection (2A):

criminal behaviour includes:
 (a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and
 (b) any fault element relating to such a physical element.