Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_4:p5
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 5/14)
Character Range: 13193–16075

no fault element for the physical element described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.
 (3) To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence.
 (4) Absolute liability applies to subparagraph (1)(b)(i).
Note: For absolute liability, see section 6.2.
 (5) Strict liability applies to subparagraph (1)(b)(ii).
Note: For strict liability, see section 6.1.

Defence—belief that child did not have mental impairment
 (6) Subparagraph (1)(b)(i) does not apply if the defendant proves that, at the time he or she committed the underlying offence, he or she believed that the child did not have a mental impairment.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
 (7) In determining whether the defendant had the belief mentioned in subsection (6), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.

272.11  Persistent sexual abuse of child outside Australia
 (1) A person commits an offence against this section if the person commits an offence (the underlying offence) against one or more of the following provisions in relation to the same person (the child) on 3 or more separate occasions during any period:
 (a) subsection 272.8(1) (engaging in sexual intercourse with child outside Australia);
 (b) subsection 272.8(2) (causing child to engage in sexual intercourse in presence of defendant outside Australia);
 (c) subsection 272.9(1) (engaging in sexual activity (other than sexual intercourse) with child outside Australia);
 (d) subsection 272.9(2) (causing child to engage in sexual activity (other than sexual intercourse) in presence of defendant outside Australia).
Penalty: Imprisonment for 25 years.
 (2) There is no fault element for any of the physical elements described in subsection (1) other than the fault elements (however described), if any, for the underlying offence.
 (3) To avoid doubt, a person does not commit the underlying offence for the purposes of subsection (1) if the person has a defence to the underlying offence.

Offence or conduct need not be the same
 (4) For the purposes of subsection (1), it is immaterial whether the underlying offence, or the conduct constituting the underlying offence, is the same on each occasion.

Certain matters need not be proved
 (5) In proceedings for an offence against this section, it is not necessary to specify or to prove the dates or exact circumstances of the occasions on which the conduct constituting the offence against this section occurred.

Content of charge
 (6) A charge of an offence against this section:
 (a) must specify with reasonable particularity the period during which the offence against this section