Parliament of Australia

“ A person is not criminally responsible for an offence that has a physical element for which there is no fault element if:
(a) at or before the time of the conduct constituting the physical element, the person considered whether or not facts existed, and is under a mistaken but reasonable belief about those facts; and (b) had those facts existed, the conduct would not have constituted an offence. ”

“ Any person who is wilfully instrumental in bringing or attempting to bring into the Commonwealth any idiot or insane person contrary to this Act shall, in addition to any other penalty, be liable to the Commonwealth for any expense in respect of the maintenance of the idiot or insane person whilst within the Commonwealth. ”

“ The tribunal of fact must return a special verdict that a person is not guilty of an offence because of mental impairment if and only if it is satisfied that the person is not criminally responsible for the offence only because of a mental impairment.
(6) A person cannot rely on a mental impairment to deny voluntariness or the existence of a fault element but may rely on this section to deny criminal responsibility. ”

“ Commonwealth relationship, it would be in accord with the established
constitutional position that each member country should use for its
own purposes a form of the Royal Style and Titles which suits its own
particular circumstances but retains a substantial element which is
common to all ”

“ If negligence is a fault element for a particular physical element of an offence, in determining whether that fault element existed in relation to a person who is intoxicated, regard must be had to the standard of a reasonable person who is not intoxicated. ”

“ Where no higher penalty is expressly imposed, a person guilty of any offence against this Act, or against any regulation made thereunder, shall be liable on summary conviction to a penalty not exceeding Fifty pounds, and in default of payment to imprisonment with or without hard labour for any period not exceeding three months. ”

“ In this Act, “the United Kingdom” means the United
Kingdom of Great Britain and Northern Ireland.
Assent to adoption of Royal Style and Titles in relation
to Australia.
4.— (1.) The assent of the Parliament is hereby given to the
adoption by Her Majesty, for use in relation to the Commonwealth
of Australia and its Territories, in lieu of the Style and Titles at
present appertaining to the Crown, of the Style and Titles set forth
in the Schedule to this Act, and to the issue for that purpose by
Her Majesty of Her Royal Proclamation under such seal as Her
Majesty by Warrant appoints. ”

“ Provided that in the case of a person entering the Commonwealth from any vessel under this section no penalty shall attach to the vessel or its master owners or charterers.
Immigrants evading the officers or found with the Commonwealth. 5. (1) Any immigrant who evades an officer or who enters the Commonwealth at any place where no officer is stationed may if at any time thereafter he is found within the Commonwealth be asked to comply with the requirements of paragraph (a) of section three, and shall if he fails to do so be deemed to be a prohibited immigrant offending against this Act. ”

“ PART 2.6—PROOF OF CRIMINAL RESPONSIBILITY
Division 13
Legal burden of proof—prosecution
13.1 (1) The prosecution bears a legal burden of proving every element of an offence relevant to the guilt of the person charged.
Note: See section 3.2 on what elements are relevant to a person’s guilt.
(2) The prosecution also bears a legal burden of disproving any matter in relation to which the defendant has discharged an evidential burden of proof imposed on the defendant.
(3) In this Code:
“legal burden”, in relation to a matter, means the burden of proving the existence of the matter. ”

“ All such regulations shall be laid before both Houses of the Parliament within thirty days after the making thereof if the Parliament be then sitting, and if not then within thirty days after the next meeting of the Parliament. ”

“ For the person to be guilty, the person must intend that the offence incited be committed.
(3) A person may be found guilty even if committing the offence incited is impossible.
(4) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of incitement in respect of that offence.
(5) It is not an offence to incite the commission of an offence against section 11.1 (attempt) , this section or section 11.5 (conspiracy) .
Penalty:
(a) if the offence incited is punishable by life imprisonment—imprisonment for 10 years ”

“ Factors relevant to the application of paragraph (2) (c) or (d) include:
(a) whether authority to commit an offence of the same or a similar character had been given by a high managerial agent of the body corporate; and (b) whether the employee, agent or officer of the body corporate who committed the offence believed on reasonable grounds, or entertained a reasonable expectation, that a high managerial agent of the body corporate would have authorised or permitted the commission of the offence. ”