24Absolute liability

24 Absolute liability (1) If a law that creates an offence provides that the offence is an absolute liability offence— (a) there are no fault elements for any of the physical elements of the offence; and (b) the defence of mistake of fact under section 36 (Mistake of fact—strict liability) is not available. (2) If a law that creates an offence provides that absolute liability applies to a particular physical element of the offence— (a) there are no fault elements for the physical element; and (b) the defence of mistake of fact under section 36 is not available in relation to the physical element. (3) The existence of absolute liability does not make any other defence unavailable.

Lack of capacity—children Division 2.3.1 Part 2.3 Circumstances where there is no criminal responsibility Division 2.3.1 Lack of capacity—children 25 Children under 14—criminal responsibility (1) A child under 14 years old is not criminally responsible for an (2) However, a child who is 12 years old or older, but under 14 years old, can be criminally responsible for an offence mentioned in schedule 1 (a schedule offence) but only if the child knows that their conduct is wrong. (3) A reference to a schedule offence does not include a reference to— (a) an offence against part 2.4 (Extensions of criminal responsibility) that relates to the schedule offence other than section 46 (Commission by proxy); or (b) an offence against section 717 (Accessory after the fact) that relates to the schedule offence.