Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p21
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 21/30)
Character Range: 1102525–1105337

1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.

272.9  Sexual activity (other than sexual intercourse) with child outside Australia

Engaging in sexual activity with child
 (1) A person commits an offence if:
 (a) the person engages in sexual activity (other than sexual intercourse) with another person (the child); and
 (b) the child is under 16; and
 (c) the sexual activity is engaged in outside Australia.
Note: A person is taken to engage in sexual activity if the person is in the presence of another person (including by a means of communication that allows the person to see or hear the other person) while the other person engages in sexual activity: see the definition of engage in sexual activity in the Dictionary.
Penalty: Imprisonment for 20 years.

Causing child to engage in sexual activity in presence of defendant
 (2) A person commits an offence if:
 (a) the person engages in conduct in relation to another person (the child); and
 (b) that conduct causes the child to engage in sexual activity (other than sexual intercourse) in the presence of the person; and
 (c) the child is under 16 when the sexual activity is engaged in; and
 (d) the sexual activity is engaged in outside Australia.
Penalty: Imprisonment for 20 years.
 (3) The fault element for paragraph (2)(b) is intention.
 (4) Absolute liability applies to paragraphs (1)(b) and (c) and (2)(c) and (d).
Note: For absolute liability, see section 6.2.

Defence—child present but defendant does not intend to derive gratification
 (5) 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 child 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 child 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.

272.10  Aggravated offence—sexual intercourse or other sexual activity with child outside Australia
 (1) A person commits an offence against this section (the aggravated offence) if:
 (a) the person commits an offence (the underlying offence) against one of the following provisions in relation to another person (the child):
 (i) subsection 272.8(1) (engaging in sexual intercourse with child outside Australia);
 (ii) subsection 272.8(2) (causing child to engage in sexual intercourse in presence of defendant outside Australia);
 (iii) subsection 272.9(1) (engaging in sexual activity (other than sexual intercourse) with child outside Australia);
 (iv) subsection 272.9(2) (causing child