Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p24
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 24/30)
Character Range: 1110115–1112826

an offence against this section, the judge must warn the jury (if any) of the requirements of subsection (7).

Double jeopardy etc.
 (9) A person who has been convicted or acquitted of an offence against this section may not be convicted of another offence against section 272.8, 272.9 or 272.10 that is alleged to have been committed in relation to the child in the period during which the person was alleged to have committed the offence against this section.
 (10) However, subsection (9) does not prevent an alternative verdict under section 272.28.
 (11) A person who has been convicted or acquitted of an offence against section 272.8, 272.9 or 272.10 in relation to a person (the child) may not be convicted of an offence against this section in relation to the child if any of the occasions relied on as evidence of the commission of the offence against this section includes the conduct that constituted the offence of which the person was convicted or acquitted.

272.12  Sexual intercourse with young person outside Australia—defendant in position of trust or authority

Engaging in sexual intercourse with young person
 (1) A person commits an offence if:
 (a) the person engages in sexual intercourse with another person (the young person); and
 (b) the young person is at least 16 but under 18; and
 (c) the person is in a position of trust or authority in relation to the young person; and
 (d) the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 10 years.

Causing young person to engage in sexual intercourse in presence of defendant
 (2) A person commits an offence if:
 (a) the person engages in conduct in relation to another person (the young person); and
 (b) that conduct causes the young person to engage in sexual intercourse in the presence of the person; and
 (c) the young person is at least 16 but under 18 when the sexual intercourse is engaged in; and
 (d) the person is in a position of trust or authority in relation to the young person; and
 (e) the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 10 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.

272.13  Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority

Engaging in sexual activity with young person
 (1) A person commits an offence if:
 (a) the person engages