Criminal Code Act 1983

(a) the person and at least one other person enter into an agreement to commit an offence; and

(2) For subsection (1)(b)(i), an offence is committed in accordance with the agreement if:

(a) the conduct of one or more parties in accordance with the agreement makes up the physical elements consisting of conduct of an offence (the joint offence) of the same type as the offence agreed to; and

(b) to the extent that a physical element of the joint offence consists of a result of conduct – the result arises from the conduct engaged in; and

(c) to the extent that a physical element of the joint offence consists of a circumstance – the conduct engaged in, or a result of the conduct engaged in, happens in the circumstance.

(3) For subsection (1)(b)(ii), an offence is committed in the course of carrying out the agreement if the person is reckless about the commission of an offence (the joint offence) that another person in fact commits in the course of carrying out the agreement.

(4) A person commits an offence because of the operation of this section only if the person and at least one other party to the agreement intend that an offence will be committed under the agreement.

(b) may be entered into before, or at the same time as, the conduct making up any of the physical elements of the joint offence was engaged in.

(6) A person cannot be found guilty of an offence because of the operation of this section if, before the conduct making up any of the physical elements of the joint offence was engaged in, the person:

(b) took all reasonable steps to prevent the conduct from being engaged in.

(7) A person may be found guilty of an offence because of the operation of this section even if:

(a) another party to the agreement is not prosecuted or found guilty; or

(b) the person was not present when any of the conduct making up the physical elements of the joint offence was engaged in.

(8) Any defences, procedures, limitations or qualifying provisions that apply to the joint offence apply also for the purposes of determining whether a person commits the offence because of the operation of this section.

(9) Any special liability provisions that apply to the joint offence apply also for the purposes of determining whether a person commits the offence because of the operation of this section.

(10) If the trier of fact is satisfied beyond reasonable doubt that a person committed an offence because of the operation of this section or otherwise than because of the operation of this section, but is unable to determine which, the trier of fact may nevertheless find the person guilty of the offence.