Section 11.1(6A) of the Criminal Code Act 1995 (Cth) operates to apply absolute liability provisions from a substantive offence to the corresponding attempt offence, even where the physical elements subject to absolute liability are not in existence (e.g., where drugs have been replaced with inert substances). Onuorah v The Queen is confined to the proposition that a discrete statutory defence under s 307.6(5) requires the existence of the relevant physical element; it does not support a broader limitation on s 11.1(6A). The direction in Kural v The Queen on knowledge as relevant to intention to possess remains applicable to attempt offences under the Code.
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