Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p28
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 28/30)
Character Range: 1119746–1122482

in this subsection, see section 13.4.

Offences involving sexual intercourse or other sexual activity with young person—belief that young person at least 18
 (2) It is a defence to a prosecution for an offence against section 272.12 or 272.13 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the young person was at least 18.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Procuring and "grooming" offences—belief that child at least 16
 (3) It is a defence to a prosecution for an offence against section 272.14, 272.15 or 272.15A 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
  It is a defence to a prosecution for an offence against subsection 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 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 sexual intercourse or sexual activity is alleged to have taken place; or
 (iii) the place of the defendant's residence or domicile; and
 (b) when the marriage was solemnised:
 (i) the marriage was genuine; and
 (ii) the young person had attained the age of 16 years.
Note 1: A defendant bears a legal burden in relation to the matter in this section: see section 13.4.
Note 2: Subsection 272.12(1) deals with engaging in sexual intercourse with a young person outside Australia. Subsection 272.13(1) deals with engaging in sexual activity (other than sexual intercourse) with a young person outside Australia. Both offences apply to defendants in a position of trust or authority in relation to the young person concerned.

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