Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_4:p6
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 6/14)
Character Range: 15811–18456

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 occurred; and
 (b) must describe the nature of the separate offences alleged to have been committed by the person during that period.

Trier of fact to be satisfied of certain matters
 (7) In order for the person to be found guilty of an offence against this section:
 (a) the trier of fact must be satisfied beyond reasonable doubt that the evidence establishes at least 3 separate occasions during the period concerned on which the person engaged in conduct constituting an offence against subsection 272.8(1) or (2) or 272.9(1) or (2), of a nature described in the charge, in relation to the child; and
 (b) the trier of fact must be so satisfied about the material facts of the 3 such occasions, although the trier of fact need not be so satisfied about the dates or the order of those occasions; and
 (c) if the trier of fact is a jury and more than 3 such occasions are relied on as evidence of the commission of an offence against this section—all the members of the jury must be so satisfied about the same 3 incidents.
 (8) In proceedings for an offence against this section, the judge must warn the jury (if any) of the requirements of subsection (7).

Double jeopardy etc.
 (9) A person who has been convicted or acquitted of an offence against this section may not be convicted of another offence against section 272.8, 272.9 or 272.10 that is alleged to have been committed in relation to the child in the period during which the person was alleged to have committed the offence against this section.
 (10) However, subsection (9) does not prevent an alternative verdict under section 272.28.
 (11) A person who has been convicted or acquitted of an offence against section 272.8, 272.9 or 272.10 in relation to a person (the child) may not be convicted of an offence against this section in relation to the child if any of the occasions relied on as evidence of the commission of the offence against this section includes the conduct that constituted the offence of which the person was convicted or acquitted.

272.12  Sexual intercourse with young person outside Australia—defendant in position of trust or authority

Engaging in sexual intercourse with young person
 (1) A person commits an offence if:
 (a) the person engages in sexual intercourse with another person (the young person); and
 (b) the young person is at least 16 but under 18; and
 (c) the person