Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_4:p1
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/14)
Character Range: 3105–5836

4  After Division 271 of the Criminal Code
Insert:

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 terms and conditions of employment; or
 (iii) has the authority to terminate the other person's employment (whether the other person is being paid in respect of that employment or is working in a voluntary capacity).
 (2) Without limiting who is a parent, step‑parent or grandparent of a person for the purposes of this section:
 (a) a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975; and
 (b) a de facto partner of a person's parent is the step‑parent of the person if the de facto partner would be the person's step‑parent except that he or she is not legally married to the person's