Education and Care Services Act 2013
sec.235Reasonable belief about person’s age
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sec.235 Reasonable belief about person’s age
This section applies if— proceedings are taken against a person (the first person ) for an offence against this Act; and the act or omission that is the offence would not be an offence if another person (the second person ) was of a particular age or within a particular age group. It is a defence for the first person to prove that, at the time of the alleged offence, the first person reasonably believed, and had sighted reasonable evidence, that the second person was of that age or within that age group. Subsection (2) does not limit the application of the Criminal Code , section 24 . (sec.235-ssec.1) This section applies if— proceedings are taken against a person (the first person ) for an offence against this Act; and the act or omission that is the offence would not be an offence if another person (the second person ) was of a particular age or within a particular age group. (sec.235-ssec.2) It is a defence for the first person to prove that, at the time of the alleged offence, the first person reasonably believed, and had sighted reasonable evidence, that the second person was of that age or within that age group. (sec.235-ssec.3) Subsection (2) does not limit the application of the Criminal Code , section 24 .
- (a) proceedings are taken against a person (the first person ) for an offence against this Act; and
- (b) the act or omission that is the offence would not be an offence if another person (the second person ) was of a particular age or within a particular age group.