s 6.2
In forceAbsolute liability
Volume 1s 1-5, sch (s 1.1-261.3)
Chapter 2General principles of criminal responsibility
Part 2.2The elements of an offence
Division 6Cases where fault elements are not required
6.2 Absolute liability
(1)
If a law that creates an offence provides that the offence is an offence of absolute liability:
(a)
there are no fault elements for any of the physical elements of the offence; and
(b)
the defence of mistake of fact under section 9.2 is unavailable.
(2)
If a law that creates an offence provides that absolute liability applies to a particular physical element of the offence:
(a)
there are no fault elements for that physical element; and
(b)
the defence of mistake of fact under section 9.2 is unavailable in relation to that physical element.
(3)
The existence of absolute liability does not make any other defence unavailable.
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