Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p25
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 25/30)
Character Range: 1112554–1115221

liability, see section 6.1.

272.13  Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority

Engaging in sexual activity with young person
 (1) A person commits an offence if:
 (a) the person engages in sexual activity (other than sexual intercourse) with another person (the young person); and
 (b) the young person is at least 16 but under 18; and
 (c) the person is in a position of trust or authority in relation to the young person; and
 (d) the sexual activity is engaged in outside Australia.
Note: A person is taken to engage in sexual activity if the person is in the presence of another person (including by a means of communication that allows the person to see or hear the other person) while the other person engages in sexual activity: see the definition of engage in sexual activity in the Dictionary.
Penalty: Imprisonment for 7 years.

Causing young person to engage in sexual activity in presence of defendant
 (2) A person commits an offence if:
 (a) the person engages in conduct in relation to another person (the young person); and
 (b) that conduct causes the young person to engage in sexual activity (other than sexual intercourse) in the presence of the person; and
 (c) the young person is at least 16 but under 18 when the sexual activity is engaged in; and
 (d) the person is in a position of trust or authority in relation to the young person; and
 (e) the sexual activity is engaged in outside Australia.
Penalty: Imprisonment for 7 years.
 (3) The fault element for paragraph (2)(b) is intention.
 (4) Absolute liability applies to paragraphs (1)(b) and (d) and (2)(c) and (e).
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.
 (5) Strict liability applies to paragraphs (1)(c) and (2)(d).
Note: For strict liability, see section 6.1.

Defence—young person present but defendant does not intend to derive gratification
 (6) It is a defence to a prosecution for an offence against subsection (1) or (2) if:
 (a) the conduct constituting the offence consists only of the young person being in the presence of the defendant while sexual activity is engaged in; and
 (b) the defendant proves that he or she did not intend to derive gratification from the presence of the young person during that activity.
Note 1: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Note 2: For a defence based on belief about age, see section 272.16.

272.14  Procuring child to engage in sexual activity outside Australia
 (1) A person commits an offence if:
 (a) the