Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_4:p9
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 9/14)
Character Range: 23071–25689

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 (the child); and
 (b) the person does so with the intention of making it easier to procure 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 12 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.

272.16  Defence based on belief about age

Offences involving sexual intercourse or other sexual activity with a child—belief that child at least 16
 (1) It is a defence to a prosecution for an offence against section 272.8 or 272.9 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the child was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Offences involving sexual intercourse or other sexual activity with young person—belief that young person at least 18
 (2) It is a defence to a prosecution for an offence against section 272.12 or 272.13 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the young person was at least 18.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Offences involving procuring or "grooming" child for sexual activity—belief that child at least 16
 (3) It is a defence to a prosecution for an offence against section 272.14 or 272.15 if the defendant proves that, at the time the defendant engaged in the conduct