Text as at 26 April 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

321GA Incitement of child who may not be criminally responsible

A person may be found guilty of an offence against section 321G even if—
S. 321GA inserted by No. 32/2024 s. 798.
(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.
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.