Criminal Code Act 1995
Section 3
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES Division 273B - Protection of childrenIn 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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