Defences to offences against children aged 16 or 17—reasonable belief as to care, supervision or authority
49ZA Defences to offences against children aged 16 or 17—reasonable belief as to care, supervision or authority
S. 49ZA inserted by No. 47/2016 s. 16.
It is a defence to a charge for an offence against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time of the conduct constituting the offence, A reasonably believed that B was not under A's care, supervision or authority.
It is a defence to a charge for an offence against section 49I(1) if, at the time of the conduct constituting the offence, A reasonably believed that C was not under A's care, supervision or authority.
A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1) or (2).
Note
References to A, B and C in this section are references to the same A, B and C referred to in sections 49C, 49E, 49G, 49I and 49L.
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