Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_4:p10
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 10/14)
Character Range: 25458–28198

"grooming" child for sexual activity—belief that child at least 16
 (3) It is a defence to a prosecution for an offence against section 272.14 or 272.15 if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence, he or she believed that the child was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Trier of fact may take into account whether belief reasonable
 (4) In determining whether the defendant had the belief mentioned in subsection (1), (2) or (3), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.

272.17  Defence based on valid and genuine marriage

Offences involving engaging in sexual intercourse or other sexual activity with child or young person
 (1) It is a defence to a prosecution for an offence against subsection 272.8(1), 272.9(1), 272.12(1) or 272.13(1) if the defendant proves that:
 (a) at the time of the sexual intercourse or sexual activity, there existed between the defendant and the child or the young person a marriage that was valid, or recognised as valid, under the law of:
 (i) the place where the marriage was solemnised; or
 (ii) the place where the offence was committed; or
 (iii) the place of the defendant's residence or domicile; and
 (b) when it was solemnised, the marriage was genuine.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Offences involving procuring or "grooming" child for sexual activity
 (2) It is a defence to a prosecution for an offence against subsection 272.14(1) or 272.15(1) if the defendant proves that:
 (a) at the time he or she committed the offence, there existed between the defendant and the child a marriage that was valid, or recognised as valid, under the law of:
 (i) the place where the marriage was solemnised; or
 (ii) the place where the offence was committed; or
 (iii) the place of the defendant's residence or domicile; and
 (b) when it was solemnised, the marriage was genuine.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Subdivision C—Offences of benefiting from, encouraging or preparing for sexual offences against children outside Australia

272.18  Benefiting from offence against this Division
 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the person does so with the intention of benefiting from an offence against this Division; and
 (c) the conduct is reasonably capable of resulting in the person benefiting from such an offence.
Penalty: Imprisonment for 20 years.
 (2) Subsection (1) applies:
 (a) whether the conduct