Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p7
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 7/97)
Character Range: 1628285–1630913

becoming aware of the existence of the material.
Penalty: 800 penalty units.

Subdivision F—Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16

474.25A  Using a carriage service for sexual activity with person under 16 years of age

Engaging in sexual activity with child using a carriage service
 (1) A person commits an offence if:
 (a) the person engages in sexual activity with another person (the child) using a carriage service; and
 (b) the child is under 16 years of age; and
 (c) the person is at least 18 years of age.
Note: Because of the definition of engage in sexual activity in the Dictionary, this offence covers (for example):
(a) a person using a carriage service to see or hear, in real time, a person under 16 engage in sexual activity; and
(b) a person engaging in sexual activity that is seen or heard, in real time, by a person under 16 using a carriage service.
Penalty: Imprisonment for 20 years.

Causing child to engage in sexual activity with another person
 (2) A person (the defendant) commits an offence if:
 (a) the defendant engages in conduct in relation to another person (the child); and
 (b) that conduct causes the child to engage in sexual activity with another person (the participant) using a carriage service; and
 (c) the child is under 16 years of age when the sexual activity is engaged in; and
 (d) the participant is at least 18 years of age when the sexual activity is engaged in.
Note: Because of the definition of engage in sexual activity in the Dictionary, this offence covers (for example) causing a person under 16:
(a) to engage in sexual activity that is seen or heard, in real time, by another person using a carriage service; or
(b) to use a carriage service to see or hear, in real time, another person engage in sexual activity.
Penalty: Imprisonment for 20 years.
 (3) The fault element for paragraph (2)(b) is intention.

Defence—child present but defendant does not intend to derive gratification
 (4) 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 child being in the presence of a person 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 child 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 other defences relating to this offence, see section 474.29.

474.25B  Aggravated offence—using a carriage service for sexual