49XDefences to offences against children aged 16 or 17 or under 18—reasonable belief as to age

49X Defences to offences against children aged 16 or 17 or under 18—reasonable belief as to age

(1) 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 18 years of age or more.

(2) 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 18 years of age or more.

(3) It is a defence to a charge for an offence against section 49Q(1) or 49R(1) if, at the time of the conduct constituting the offence—

(a) B was 12 years of age or more; and

(b) A reasonably believed that B was 18 years of age or more.

(4) A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1), (2) or (3)(b).

1 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, 49L, 49Q and 49R.

2 Whether or not A reasonably believed that B or C was 18 years of age or more depends on the circumstances. The circumstances include any steps that A took to find
out B or C's age.

3 An evidential burden applies to the matter referred to in subsection (3)(a).

S. 49Y inserted by No. 47/2016 s. 16.