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Act index » Part I - Offences » Division 11 - Incitement
321GA Incitement of child who may not be criminally responsible
A person may be found guilty of an offence against section 321G even if—
(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.
1It 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.
2It 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.