Victorian Current Acts

CRIMES ACT 1958 - SECT 49ZA

    (1)     It is a defence to a charge for an offence against section 49C(1), 49E(1), 49G(1) or  49L(1) if, at the time of the conduct constituting the offence, A reasonably believed that B was not under A's care, supervision or authority.

    (2)     It is a defence to a charge for an offence against section 49I(1) if, at the time of the conduct constituting the offence, A reasonably believed that C was not under A's care, supervision or authority.

    (3)     A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1) or (2).

Note

References to A, B and C in this section are references to the same A, B and C referred to in sections 49C, 49E, 49G, 49I and 49L.

S. 49ZB inserted by No. 47/2016 s. 16.