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Criminal Code
16Omissions
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16 Omissions An omission to do an act can only be a physical element if— (a) the law creating the offence makes it a physical element; or (b) the law creating the offence impliedly provides that the offence is committed by an omission to do an act that there is a duty to do under a territory law or a law of a State or the Commonwealth. Note Law, of the Territory, includes the common law (see Legislation Act, dict, pt 1).