798New section 321GA inserted

798 New section 321GA inserted

After section 321G of the Crimes Act 1958 insert—

"321GA Incitement of child who may not be criminally responsible

A person may be found guilty of an offence against section 321G even if—

(a) the person incited is a child; and

(b) under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child cannot commit the offence that is the subject of the incitement.

1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.".