Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 22

Ignorance of the law—bona fide claim of right

22 Ignorance of the law—bona fide claim of right

(1) Ignorance of the law does not afford any excuse for an act or omission which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to be an element of the offence.
(2) But a person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by the person with respect to any property in the exercise of an honest claim of right and without intention to defraud.
(3) A person is not criminally responsible for an act or omission done or made in contravention of a statutory instrument if, at the time of doing or making it, the statutory instrument was not known to the person and had not been published or otherwise reasonably made available or known to the public or those persons likely to be affected by it.
(4) In this section—

"publish"
(a) in relation to a statutory instrument that is subordinate legislation—means notify in accordance with section 47 (Notification) of the Statutory Instruments Act 1992 ; and
(b) in relation to a statutory instrument that is not subordinate legislation—means publish in the gazette.



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