Criminal Code 2002

If a law that creates an offence provides that the offence is an absolute liability offence—

there are no fault elements for any of the physical elements of the offence; and

the defence of mistake of fact under section 36 (Mistake of fact—strict liability) is not available.

If a law that creates an offence provides that absolute liability applies to a particular physical element of the offence—

there are no fault elements for the physical element; and

the defence of mistake of fact under section 36 is not available in relation to the physical element.

The existence of absolute liability does not make any other defence unavailable.

Part 2.3 Circumstances where there is no criminal responsibility

Division 2.3.1 Lack of capacity—children