Defence—reasonable belief in marriage or domestic partnership
52H Defence—reasonable belief in marriage or domestic partnership
S. 52H inserted by No. 47/2016 s. 16.
It is a defence to a charge for an offence against a provision of this Subdivision for A to prove on the balance of probabilities that, at the time of the conduct constituting the offence, A reasonably believed that—
A and the person who has a cognitive impairment or mental illness were married to each other and that the marriage was recognised as valid under the Marriage Act 1961 of the Commonwealth; or
A was the domestic partner of the person who has a cognitive impairment or mental illness.
Note
The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.
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