Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_4:p8
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 8/14)
Character Range: 20645–23312

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 person engages in conduct in relation to another person (the child); and
 (b) the person does so with the intention of procuring the child to engage in sexual activity (whether or not with the person) outside Australia; and
 (c) the child is someone:
 (i) who is under 16; or
 (ii) who the person 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 child 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 the child is 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 child is a fictitious person represented to the person as a real person.

272.15  "Grooming" child to engage in sexual activity outside Australia
 (1) A person commits an offence if:
 (a) the person engages in conduct in relation to another person