Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:10_67
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 10 cl 67
Character Range: 38774–39431

67  At the end of section 50BC
Add:

 (2) For the purposes of an offence against subsection (1), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:
 (a) that the first person is outside Australia;
 (b) that the person referred to in that subsection as being under 16 is in fact under 16;
 (c) in the case of an offence against paragraph (1)(a), (b), (c) or (d)—that the act of indecency referred to in that paragraph is in fact an act of indecency.

Note 1: For absolute liability, see section 6.2 of the Criminal Code.

Note 2: For a defence based on belief about age, see section 50CA.