(2) An
"unlawful sexual relationship" is a relationship in which an adult engages in
2 or more unlawful sexual acts with or towards a child over any period.
(3)
It is immaterial that any of those unlawful sexual acts occurred outside New
South Wales, so long as at least one of the unlawful sexual acts occurred in
New South Wales.
(4) In proceedings for an offence under this section, the
prosecution--
(a) is not required to allege the particulars of any
unlawful sexual act that would be necessary if the act were charged as a
separate offence, and
(5) In order for
the accused to be convicted of an offence under this section--
(a) the jury
must be satisfied beyond reasonable doubt that the evidence establishes that
an unlawful sexual relationship existed, and
(b) the jury is not required to
be satisfied of the particulars of any unlawful sexual act that it would have
to be satisfied of if the act were charged as a separate offence, and
(10) A person who has been convicted or
acquitted of an offence under this section for having an
unlawful sexual relationship with a child cannot be convicted of an
unlawful sexual act in relation to the same child if the occasion on which the
unlawful sexual act is alleged to have occurred is during the period over
which the unlawful sexual relationship was alleged to have existed. This
subsection does not prevent an alternative verdict under subsection (13).
(12) For the purposes of subsections (9)-(11), a person ceases to be regarded
as having been convicted for an offence if the conviction is quashed or set
aside.
(13) If on the trial of a person charged with an offence under this
section the jury is not satisfied that the offence is proven but is satisfied
that the person has, in respect of any of the occasions relied on as evidence
of the commission of the offence under this section, committed an
unlawful sexual act, the jury may acquit the person of the offence charged and
find the person guilty of that unlawful sexual act. The person is liable to
punishment accordingly.
(14) Proceedings for an offence under this section
may only be instituted by or with the approval of the Director of Public
Prosecutions.
(15) In this section--
"adult" means a person who is of or above the age of 18 years.
"child" means a person who is under the age of 16 years.
"unlawful sexual act" means any act that constitutes, or would constitute (if
particulars of the time and place at which the act took place were
sufficiently particularised), any of the following offences--
(b) an offence under a
provision of this Act set out in Column 1 of Schedule 1A,
(c) an offence of
attempting to commit an offence referred to in paragraph (a) or (b),
(d) an
offence under a previous enactment that is substantially similar to an offence
referred to in paragraphs (a)-(c),
(e) an offence under the law of a place
outside New South Wales that would, if it had been committed in New South
Wales, be an offence referred to in paragraphs (a)-(d).