Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p20
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 20/30)
Character Range: 1099949–1102776

reference to such an offence because of section 11.2 (complicity and common purpose) or 11.2A (joint commission).
 (3) Section 11.1 (attempt) does not apply to an offence against:
 (a) section 272.14 (procuring child to engage in sexual activity outside Australia); or
 (b) section 272.15 ("grooming" child to engage in sexual activity outside Australia); or
 (ba) section 272.15A ("grooming" person to make it easier to engage in sexual activity with a child outside Australia); or
 (c) section 272.20 (preparing for or planning offence against this Division).
 (4) Section 11.4 (incitement) does not apply to an offence against this Division.
 (5) Section 11.5 (conspiracy) does not apply to an offence against section 272.19 (encouraging offence against this Division).

272.6  Who can be prosecuted for an offence committed outside Australia
  A person must not be charged with an offence against this Division that the person allegedly committed wholly outside Australia unless, at the time of the offence, the person was:
 (a) an Australian citizen; or
 (b) a resident of Australia; or
 (c) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
 (d) any other body corporate that carries on its activities principally in Australia.

272.7  Saving of other laws
  This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Note: Division 279 (video link evidence) applies to a proceeding for an offence against this Division.

Subdivision B—Sexual offences against children outside Australia

272.8  Sexual intercourse with child outside Australia

Engaging in sexual intercourse with child
 (1) A person commits an offence if:
 (a) the person engages in sexual intercourse with another person (the child); and
 (b) the child is under 16; and
 (c) the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 25 years.

Causing child to engage in sexual intercourse in presence of defendant
 (2) A person commits an offence if:
 (a) the person engages in conduct in relation to another person (the child); and
 (b) that conduct causes the child to engage in sexual intercourse in the presence of the person; and
 (c) the child is under 16 when the sexual intercourse is engaged in; and
 (d) the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 25 years.
 (3) The fault element for paragraph (2)(b) is intention.
 (4) Absolute liability applies to paragraphs (1)(b) and (c) and (2)(c) and (d).
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.

272.9  Sexual activity (other than sexual intercourse) with child outside Australia

Engaging in sexual activity with child
 (1) A person