Northern Territory Consolidated Acts

CRIMINAL CODE - SECT 43AO

(1) If a law that creates an offence provides that an offence is an offence of absolute liability:

(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 43AX is unavailable.

(2) If a law that creates an offence provides that absolute liability applies to a particular physical element of an offence:

(a) there are no fault elements for that physical element; and

(b) the defence of mistake of fact under section 43AX is unavailable in relation to that physical element.

(3) The existence of absolute liability does not make any other defence unavailable.

Subdivision 1 Lack of capacity of children