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.

34BE No defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive

It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—

S. 34BE inserted by No. 47/2016 s. 3.

(a)for an offence against section 34B(1)— the activity was not sexual; or

(b)for an offence against section 34BB(1)— the conduct was not offensive.

The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.

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