Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 273B - Protection of children  

Subdivision A - Preliminary  

SECTION 273B.1  

273B.1   Definitions  
In this Division:

child sexual abuse offence
means:


(a) a Commonwealth child sex offence within the meaning of the Crimes Act 1914 ; or


(b) a State or Territory registrable child sex offence.

Commonwealth officer
means any of the following:


(a) a Minister;


(b) a Parliamentary Secretary;


(c) an individual who holds an appointment under section 67 of the Constitution;


(d) an APS employee;


(e) an individual employed by the Commonwealth otherwise than under the Public Service Act 1999 ;


(f) a member of the Australian Defence Force;


(g) a member or special member of the Australian Federal Police;


(h) an individual (other than an official of a registered industrial organisation) who holds or performs the duties of an office established by or under a law of the Commonwealth, other than:


(i) the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or

(ii) the Australian Capital Territory (Self-Government) Act 1988 ; or

(iii) the Corporations Act 2001 ; or

(iv) the Northern Territory (Self-Government) Act 1978 ;


(i) an officer or employee of a Commonwealth authority;


(j) an individual who is:


(i) a contractor or subcontractor of the Commonwealth or a Commonwealth authority; or

(ii) an officer or employee of a contractor or subcontractor of the Commonwealth or a Commonwealth authority; or

(iii) assigned to work for the Commonwealth or a Commonwealth authority under a labour hire arrangement;


(k) an individual (other than an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the person by or under a law of the Commonwealth, other than:


(i) the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or

(ii) the Australian Capital Territory (Self-Government) Act 1988 ; or

(iii) the Corporations Act 2001 ; or

(iv) the Northern Territory (Self-Government) Act 1978 ; or

(v) a provision specified in the regulations;


(l) an individual who exercises powers, or performs functions, conferred on the individual by or under a law in force in Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands (whether the law is a law of the Commonwealth or a law of the Territory concerned).

State or Territory registrable child sex offence
means an offence:


(a) that a person becomes, or may at any time have become, a person whose name is entered on a child protection offender register (however described) of a State or Territory for committing; and


(b) in respect of which:


(i) a person under 18 was a victim or an intended victim; or

(ii) the offending involved child abuse material.


 

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