S 50BD repealed by No 42 of 2010, s 3 and Sch 1 item 1, effective 15 April 2010. S 50BD formerly read:
SECTION 50BD Inducing child under 16 to be involved in sexual conduct
(1)
A person (the
first person
) must not induce a person who is under 16 to commit, to submit to, or to be present while a third person commits, an act of indecency that:
(a)
is committed outside Australia and in the presence of the first person; and
(b)
is not committed by or on the first person.
Penalty: Imprisonment for 12 years.
History
S 50BD(1) amended by No 24 of 2001, s 3 and Sch 10 item 68, by inserting the penalty. For application provisions, see note under s 3BA.
(1A)
For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:
(a)
that the act of indecency is committed outside Australia;
(b)
that the person referred to in that subsection as being under 16 is in fact under 16;
(c)
that the act of indecency referred to in that subsection 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 50BD(1A) inserted by No 24 of 2001, s 3 and Sch 10 item 69. For application provisions, see note under s 3BA.
(2)
A person (the
first person
) must not induce a person who is under 16 to be present while a third person engages in sexual intercourse with a fourth person outside Australia and in the presence of the first person.
Penalty: Imprisonment for 12 years.
(3)
For the purposes of an offence against subsection (2), absolute liability applies to the following physical elements of circumstance of the offence:
(a)
that the sexual intercourse is engaged in outside Australia;
(b)
that the person referred to in that subsection as being under 16 is in fact under 16.
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 50BD(3) inserted by No 24 of 2001, s 3 and Sch 10 item 70. For application provisions, see note under s 3BA.
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