No defence of mistaken but honest and reasonable belief of certain matters
52K No defence of mistaken but honest and reasonable belief of certain matters
S. 52K inserted by No. 47/2016 s. 16.
It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—
for an offence against section 52B(1), 52C(1) or 52D(1)—A did not provide treatment or support services to B or was not a worker for a service provider; or
for an offence against section 52E(1)—A did not provide treatment or support services to C or was not a worker for a service provider.
It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—
for an offence against section 52C(1)—the touching was not—
sexual; or
contrary to community standards of acceptable conduct; or
for an offence against section 52D(1)—
the activity was not sexual; or
engaging in the activity in the presence of B was not contrary to community standards of acceptable conduct; or
for an offence against section 52E(1)—
the activity was not sexual; or
A's causing or allowing C to be present when B engages in the activity was not contrary to community standards of acceptable conduct.
Note
References to A, B and C in this section are references to the same A, B and C referred to in sections 52B, 52C, 52D and 52E.
Pt 1 Div. 1 Subdiv. (8EAA) (Heading and ss 60AB–60AE) inserted by No. 20/2004 s. 3, repealed by No. 47/2016 s. 16.
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Pt 1 Div. 1 Subdiv. (8EA) (Heading and s. 60B) inserted by No. 129/1993 s. 10, amended by Nos 90/1995 s. 86, 22/1996 s. 7, 48/1997 s. 60(1)(Sch. 1 item 38), 69/1997 s. 22(4), 65/1998 s. 3, 67/2000 s. 7(1)(2), 56/2005 s. 7, 63/2010 s. 81(Sch. item 4), 80/2011 s. 79(Sch. item 3), repealed by No. 47/2016 s. 16.
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Pt 1 Div. 1 Subdiv. (8F) (Heading and ss 59–61) inserted by No. 9509 s. 5, amended by Nos 10094 s. 14, 124/1986 ss 74(b)–(d), 80, substituted as Pt 1 Div. 1 Subdiv. (8F) (Heading and s. 61) by No. 8/1991 s. 3, amended by Nos 81/1997 s. 6, 76/2006 s. 3, 14/2015 s. 79, substituted as Pt 1 Div. 1 Subdiv. (8F) (Heading and ss 53A–53G) by No. 47/2016 s. 16.
Sexual servitude
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