sec.260Defence to charge if age material

### sec.260 Defence to charge if age material If the age of a person is material to a charge of an offence against this Act, it is a defence to prove that, at the time of the offence, the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender)— honestly and reasonably believed that the person whose age is material to the offence had attained 18 years; or had sighted acceptable evidence of age of the person whose age is material to the offence that indicated the person had attained 18 years; and the operation of the Criminal Code , section 24 is excluded. Evidence that the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender) did not request the person whose age is material to the offence to produce acceptable evidence of age is evidence that any belief that the person had attained 18 years was not reasonable. s 260 ins 1992 No. 35 s 12 (sec.260-ssec.1) If the age of a person is material to a charge of an offence against this Act, it is a defence to prove that, at the time of the offence, the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender)— honestly and reasonably believed that the person whose age is material to the offence had attained 18 years; or had sighted acceptable evidence of age of the person whose age is material to the offence that indicated the person had attained 18 years; and the operation of the Criminal Code , section 24 is excluded. (sec.260-ssec.2) Evidence that the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender) did not request the person whose age is material to the offence to produce acceptable evidence of age is evidence that any belief that the person had attained 18 years was not reasonable. - (a) honestly and reasonably believed that the person whose age is material to the offence had attained 18 years; or - (b) had sighted acceptable evidence of age of the person whose age is material to the offence that indicated the person had attained 18 years;