Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p23
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 23/24)
Character Range: 63031–65726

for the sexual activity referred to in that section to take place.

Fictitious recipient

 (9) For the purposes of sections 474.26 and 474.27, it does not matter that the recipient to whom the sender believes the sender is transmitting the communication is a fictitious person represented to the sender as a real person.

Attempt not offence

 (10) It is not an offence to attempt to commit an offence against section 474.26 or 474.27.

Definitions

 (11) In sections 474.26 and 474.27 and this section:

procure a person to engage in sexual activity includes:
 (a) encourage, entice or recruit the person to engage in that activity; or
 (b) induce the person (whether by threats, promises or otherwise) to engage in that activity.

sexual activity means:
 (a) sexual intercourse as defined in section 50AC of the Crimes Act 1914; or
 (b) an act of indecency as defined in section 50AB of that Act; or
 (c) any other activity of a sexual or indecent nature that involves the human body, or bodily actions or functions.
The activity referred to in paragraph (c) need not involve physical contact between people.

474.29  Defences to offences against section 474.26 or 474.27

 (1) It is a defence to a prosecution for an offence against section 474.26 or 474.27 that the defendant believed at the time the communication was transmitted that the recipient was not under 16 years of age.

Note: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

 (2) It is a defence to a prosecution for an offence against subsection 474.26(2) or (3) or 474.27(2) or (3) that the defendant believed at the time the communication was transmitted that the other person referred to in paragraph 474.26(2)(b) or (3)(e) or 474.27(2)(c) or (3)(f) was not at least 18 years of age.

Note: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

 (3) In determining whether the defendant had the belief referred to in subsection (1) or (2), the jury may take into account whether the alleged belief was reasonable in the circumstances.

474.30  Defences for NRS employees and emergency call persons

 (1) A person is not criminally responsible for an offence against a provision of this Subdivision in relation to particular conduct if the person:
 (a) is an employee of the NRS provider; and
 (b) engages in the conduct in good faith in the course of the person's duties as such an employee.

 (2) A person is not criminally responsible for an offence against a provision of this Subdivision in relation to particular conduct if the person:
 (a) is an emergency call person; and
 (b) engages in the conduct in