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.