S 50BC repealed by No 42 of 2010, s 3 and Sch 1 item 1, effective 15 April 2010. S 50BC formerly read:
SECTION 50BC Sexual conduct involving child under 16
(1)
A person (the
first person
) contravenes this section if, while the first person is outside Australia:
(a)
the first person commits an act of indecency on a person who is under 16; or
(b)
the first person submits to an act of indecency committed by a person who is under 16; or
(c)
the first person commits an act of indecency in the presence of a person who is under 16 (
the child
), and the first person intends to derive gratification from the child
'
s presence during the act; or
(d)
the first person submits to an act of indecency committed in the presence of a person who is under 16 (
the child
), and the first person intends to derive gratification from the child
'
s presence during the act; or
(e)
the first person engages in sexual intercourse with another person in the presence of a person who is under 16 (
the child
), and the first person intends to derive gratification from the child
'
s presence during the sexual intercourse.
Penalty: Imprisonment for 12 years.
(2)
For the purposes of an offence against subsection (1), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:
(a)
that the first person is outside Australia;
(b)
that the person referred to in that subsection as being under 16 is in fact under 16;
(c)
in the case of an offence against paragraph (1)(a), (b), (c) or (d)
-
that the act of indecency referred to in that paragraph is in fact an act of indecency.
Note 1:
For
absolute liability
, see section
6.2
of the
Criminal Code
.
Note 2:
For a defence based on belief about age, see section
50CA
.
History
S 50BC(2) inserted by No 24 of 2001, s 3 and Sch 10 item 67. For application provisions, see note under s 3BA.
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