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.

53V No defence of honest and reasonable mistake

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. 53V inserted by No. 38/2022 s. 22.

(a)for an offence against section 53R(1)— production of the intimate image was not contrary to community standards of acceptable conduct; or

(b)for an offence against section 53S(1)— distribution of the intimate image was not contrary to community standards of acceptable conduct; or

(c)for an offence against section 53T(1)— distribution of the intimate image would not be contrary to community standards of acceptable conduct.

The reference to A in this section is a reference to the same A referred to in sections 53R, 53S and 53T.