Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_119a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 119A
Character Range: 145174–146952

119A  Act of indecency with person aged at least 16 but under 18—defendant in position of trust or authority
 (1) A person (the defendant) commits an offence if:
 (a) the defendant commits an act of indecency on, or in the presence of, another person; and
 (b) the other person is at least 16, but less than 18, years of age; and
 (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).
Penalty: Imprisonment for 7 years.
 (2) For the purposes of subsection (1):
 (a) absolute liability applies to paragraph (1)(b); and
 (b) strict liability applies to paragraph (1)(c).
Note: For absolute liability, see section 24. For strict liability, see section 23.
 (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:
 (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:
 (i) the place where the marriage was solemnised; or
 (ii) Norfolk Island; or
 (iii) the place of the defendant's residence or domicile; and
 (b) when the marriage was solemnised:
 (i) the marriage was genuine; and
 (ii) the other person was at least 16 years of age.
Note: A defendant bears a legal burden in relation to the matters in this subsection, see section 59.
 (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 59.