Criminal Code Act 1983

(ii) classifying the offence as one of strict liability or absolute liability (and thus excluding fault elements).

Example

See the statement under the heading "Fault elements" in section 174FA(1).

Note

Part IIAA states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences (for example, see the extended meaning given to the concept of recklessness in section 43AK(4)).

(3) If the statement identifies certain elements as the fault elements of the offence:

(a) the fault elements so identified are the only fault elements of the offence; and

(b) the statement operates to the exclusion of fault elements that might otherwise be implied under provisions of this Code.

Note

Accordingly fault elements that might otherwise be implied under section 43AM are excluded by the statement.

(4) If the statement classifies the offence as one of strict liability, section 43AN(1) applies to the offence.

(5) If the statement classifies the offence as one of absolute liability, section 43AO(1) applies to the offence.

Subdivision 2 Physical elements