Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_14:p6
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 6/8)
Character Range: 65453–68068

easier to procure the recipient to engage in sexual activity with another person (the participant); and
 (c) the recipient is someone who is, or who the sender believes to be, under 16; and
 (d) the participant is someone who is, or who the sender believes to be, at least 18.
Penalty: Imprisonment for 12 years.
 (3) A person (the sender) commits an offence if:
 (a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
 (b) the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with another person; and
 (c) the recipient is someone who is, or who the sender believes to be, under 16; and
 (d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18; and
 (e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of:
 (i) the sender; or
 (ii) another person (the participant) who is, or who the sender believes to be, at least 18.
Penalty: Imprisonment for 15 years.

471.26  Using a postal or similar service to send indecent material to person under 16
 (1) A person (the sender) commits an offence if:
 (a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
 (b) the article is, or contains, material that is indecent; and
 (c) the recipient is someone who is, or who the sender believes to be, under 16; and
 (d) the sender is at least 18.
Penalty: Imprisonment for 7 years.
 (2) In a prosecution for an offence against subsection (1), whether material is indecent is a matter for the trier of fact.
 (3) In this section:
indecent means indecent according to the standards of ordinary people.

471.27  Age‑related provisions relating to offences against this Subdivision

Application of absolute liability
 (1) For the purposes of an offence against this Subdivision, absolute liability applies to the physical element of circumstance of the offence that the recipient is someone who is under 16.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.
 (2) For the purposes of an offence against subsection 471.24(2) or (3) or 471.25(2) or (3), absolute liability applies to the physical element of circumstance of the offence that the participant is at least 18.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.

Proof of belief about age—evidence of representation
 (3) For the purposes of