Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p27
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 27/30)
Character Range: 1117394–1119991

liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.
 (3) A person may be found guilty of an offence against subsection (1) even if it is impossible for the sexual activity referred to in that subsection to take place.
 (4) For the purposes of subsection (1), it does not matter that the child is a fictitious person represented to the person as a real person.

272.15A  "Grooming" person to make it easier to engage in sexual activity with a child outside Australia
 (1) A person (the defendant) commits an offence if:
 (a) the defendant engages in conduct in relation to another person (the third party); and
 (b) the defendant does so with the intention of making it easier to procure a person (the child) to engage in sexual activity (whether or not with the defendant) outside Australia; and
 (c) the child is someone:
 (i) who is under 16; or
 (ii) who the defendant believes to be under 16; and
 (d) one or more of the following apply:
 (i) the conduct referred to in paragraph (a) occurs wholly or partly outside Australia;
 (ii) the third party or the child (or both) is outside Australia when the conduct referred to in paragraph (a) occurs;
 (iii) the conduct referred to in paragraph (a) occurs wholly in Australia and both the third party and the child are in Australia when that conduct occurs.
Penalty: Imprisonment for 15 years.
 (2) Absolute liability applies to subparagraph (1)(c)(i) and paragraph (1)(d).
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.
 (3) A person may be found guilty of an offence against subsection (1) even if it is impossible for the sexual activity referred to in that subsection to take place.
 (4) For the purposes of subsection (1), it does not matter that the third party or the child is a fictitious person represented to the person as a real person.

272.16  Defence based on belief about age

Offences involving sexual intercourse or other sexual activity with a child—belief that child at least 16
 (1) It is a defence to a prosecution for an offence against section 272.8 or 272.9 if the defendant proves that, at the time of the sexual intercourse or sexual activity, 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.

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