Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 50BD

             (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.

          (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.

             (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.