s 4.3
In forceOmissions
Volume 1s 1-5, sch (s 1.1-261.3)
Chapter 2General principles of criminal responsibility
Part 2.2The elements of an offence
Division 4Physical elements
4.3 Omissions
An omission to perform an act can only be a physical element if:
(a)
the law creating the offence makes it so; or
(b)
the law creating the offence impliedly provides that the offence is committed by an omission to perform an act that there is a duty to perform by a law of the Commonwealth, a State or a Territory, or at common law.
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