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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8B) - Sexual offences against children
49ZA Defences to offences against children aged 16 or 17—reasonable belief as to care, supervision or authority
(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).
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.