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.

49ZC No defence of mistaken but honest and reasonable belief of certain matters

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. 49ZC inserted by No. 47/2016 s. 16.

(a)for an offence against section 49A(1)— B was 12 years of age or more; or

(b)for an offence against section 49D(1) or 49E(1)—the touching was not—

(i)sexual; or

(ii)contrary to community standards of acceptable conduct; or

(c)for an offence against section 49F(1) or 49G(1)—

(i)the activity was not sexual; or

(ii)engaging in the activity in the presence of B was not contrary to community standards of acceptable conduct; or

(d)for an offence against section 49H(1) or 49I(1)—

(i)the activity was not sexual; or

(ii)A's causing or allowing C to be present when B engages in the activity was not contrary to community standards of acceptable conduct; or

(e)for an offence against section 49K(1) or 49L(1)—the activity was not sexual; or

(f)for an offence against section 49Q(1)— the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person in respect of the performance; or

(g)for an offence against section 49R(1)— the invitation or offer did not involve payment, reward or other benefit to any person in respect of the performance; or

(h)for an offence against section 49S(1)— B's engaging in sexual conduct in relation to a child did not constitute an offence or, if the conduct takes place outside Victoria, would not constitute an offence.

References to A, B and C in this section are references to the same A, B and C referred to in sections 49A, 49D, 49E, 49F, 49G, 49H, 49I, 49K, 49L, 49Q, 49R and 49S.