'Omission' in document 'Australia - Criminal Code 1995 (amended 2014) Vol 1'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2—General principles of criminal responsibility

Part 2.2—The elements of an offence

Division 4—Physical elements

4.3 Omissions

An omission to perform an act can only be a physical element if:
(a) the law creating the offence makes it so; or
(b) the law creating the offence impliedly provides that the offence is committed by an omission to perform an act that there is a duty to perform by a law of the Commonwealth, a State or a Territory, or at common law.