Attempts
39A Attempts
A person who attempts to commit an offence against Division 2, 3 or 4 (the relevant offence) is guilty of the offence of attempting to commit that offence and is liable to a fine not exceeding 60% of the maximum fine specified by that Division for the relevant offence.
A person is not guilty of attempting to commit an offence against Division 2, 3 or 4 unless the conduct of the person is—
more than merely preparatory to the commission of the offence; and
immediately and not remotely connected with the commission of the offence.
For a person to be guilty of attempting to commit an offence against Division 2, 3 or 4, the person must—
intend that the offence the subject of the attempt be committed; and
intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time the offence is to take place.
A person may be guilty of attempting to commit an offence against Division 2, 3 or 4 despite the existence of facts of which the person is unaware which make the commission of the offence attempted impossible.
Note
This section does not appear in the Commonwealth Act but a provision to the same effect (except as to penalty) is included in section 11.1 of the Criminal Code of the Commonwealth.
This Act’s bill:Explanatory memorandumSecond reading speech
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