Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p7
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 7/23)
Character Range: 1142762–1145563

child protection offender register (however described) of a State or Territory for committing; and
 (b) in respect of which:
 (i) a person under 18 was a victim or an intended victim; or
 (ii) the offending involved child abuse material.

273B.2  Geographical jurisdiction
  Section 15.2 (extended geographical jurisdiction—category B) applies to each offence against this Division.

273B.3  Double jeopardy
  If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.

Subdivision B—Offences relating to the protection of children

273B.4  Failing to protect child at risk of child sexual abuse offence

Failing to protect child at risk of child sexual abuse offence
 (1) A person (the defendant) commits an offence if:
 (a) the defendant is a Commonwealth officer; and
 (b) there is another person aged under 18 (the child) under the defendant's care, supervision or authority, in the defendant's capacity as a Commonwealth officer; and
 (c) the defendant knows there is a substantial risk that a person (the potential offender) will engage in conduct in relation to the child; and
 (d) such conduct, if engaged in, would constitute a child sexual abuse offence; and
 (e) the defendant, because of the defendant's position as a Commonwealth officer, has the actual or effective responsibility to reduce or remove the risk mentioned in paragraph (c); and
 (f) the defendant negligently fails to reduce or remove that risk.
Penalty: Imprisonment for 5 years.

Absolute liability
 (2) Absolute liability applies to paragraph (1)(d).
Note: For absolute liability, see section 6.2.

Certain matters not required to be proved
 (3) Subsection (1) applies:
 (a) whether or not the child can be identified as a specific person; and
 (b) whether or not the potential offender can be identified as a specific person; and
 (c) whether or not a child sexual abuse offence is or was actually committed in relation to the child.

273B.5  Failing to report child sexual abuse offence

Offence based on reasonable belief
 (1) A person (the defendant) commits an offence if:
 (a) the defendant is a Commonwealth officer; and
 (b) there is another person aged under 18 (the child) under the care or supervision of the defendant, in the defendant's capacity as a Commonwealth officer; and
 (c) the defendant knows of information that would lead a reasonable person to believe that a person (the potential offender):
 (i) has engaged in conduct in relation to the child; or
 (ii) will engage in conduct in relation to the child; and
 (d) such conduct, if engaged in, would constitute a child sexual abuse offence; and
 (e) the defendant