Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_4:p7
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 7/14)
Character Range: 18229–20904

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 in sexual activity (other than 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 activity is engaged in outside Australia.
Penalty: Imprisonment for 7 years.

Causing young person 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 young person); and
 (b) that conduct causes the young person to engage in sexual activity (other than sexual intercourse) in the presence of the person; and
 (c) the young person is at least 16 but under 18 when the sexual activity 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 activity is engaged in outside Australia.
Penalty: Imprisonment for 7 years.
 (3) The fault element for paragraph (2)(b) is intention.
 (4) Absolute liability applies to paragraphs (1)(b)