Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p18
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 18/30)
Character Range: 1094892–1097729

of a State or Territory; and
 (c) the person has reporting obligations (however described) in connection with that entry on the register; and
 (d) the person leaves Australia.
Penalty: Imprisonment for 5 years.
 (2) Absolute liability applies to paragraph (1)(a).
Note: For absolute liability, see section 6.2.
 (3) Subsection (1) does not apply if:
 (a) a competent authority (within the meaning of section 12 of the Australian Passports Act 2005 or section 13 of the Foreign Passports (Law Enforcement and Security) Act 2005) has given permission (however described) for the person to leave Australia; or
 (b) the reporting obligations of the person are suspended at the time the person leaves Australia.
Note: The defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3).

Division 272—Child sex offences outside Australia

Subdivision A—Preliminary

272.1  Definitions
  In this Division:
cause a person to engage in sexual intercourse or other sexual activity has the meaning given by section 272.2.
offence, in the case of a reference to an offence against this Division or against a particular provision of it, has a meaning affected by section 272.5.
position of trust or authority has the meaning given by subsection 272.3(1).
sexual intercourse has the meaning given by section 272.4.

272.2  When conduct causes a person to engage in sexual intercourse or other sexual activity
  For the purposes of this Division, a person's conduct causes another person to engage in sexual intercourse or other sexual activity if it substantially contributes to the other person engaging in sexual intercourse or other sexual activity.

272.3  Meaning of position of trust or authority
 (1) For the purposes of this Code, a person is in a position of trust or authority in relation to another person if:
 (a) the person is the other person's parent, step‑parent, or grandparent; or
 (b) the person is the other person's foster parent, guardian or carer; or
 (c) the person is a teacher engaged in the education of the other person; or
 (d) the person is a religious official or spiritual leader (however described) providing pastoral care or religious instruction to the other person; or
 (e) the person is the other person's sports coach; or
 (f) the person is a medical practitioner, nurse, psychologist, other health professional (however described), counsellor or social worker providing professional services to the other person; or
 (g) the person is a member of a police force or police service, or a person employed or providing services in a correctional institution (however described), performing duties in relation to the other person; or
 (h) the person:
 (i) is an employer of the other person; or
 (ii) has the authority to determine significant aspects of the other person's