Legislation relevant to child protection A of laws are relevant to this policy, including Australian Commonwealth, state and territory laws, and local laws in countries where DFAT works. A number of international child protection instruments also apply. Relevant Australian legislation Under Commonwealth law an Australian citizen or resident can be prosecuted for an offence committed against a child in another country under laws that have an extra-territorial application. Commonwealth legislation Criminal Code Act 1995 Legislation Examples of offences Maximum penalty Division 272 Engaging in sexual intercourse outside of 20 imprisonment (child sex offences outside Australia with a child under 16 years of age Australia) Engaging in sexual activity outside of 15 imprisonment Australia with a child under 16 years of age Engaging in sexual intercourse or sexual 25 years imprisonment activity outside of Australia with a child under 16 years of age and the child has a mental impairment or is under the care, supervision or authority of the defendant Engaging in sexual intercourse outside of 10 years imprisonment Australia with a young person aged 16 or 17 years and the defendant is in a position of trust or authority Engaging in sexual activity outside of 7 years imprisonment Australia with a young person aged 16 or 17 years and the defendant is in a position of trust or authority Grooming a child under 16 years of age to 12 years imprisonment engage in sexual activity outside of Australia Division 273 Possessing, controlling, producing, 15 years imprisonment (offences involving child distributing or obtaining child pornography pornography material or child or child abuse material outside Australia abuse material outside Australia) Division 474 Accessing, soliciting or transmitting 15 years imprisonment (telecommunications offences, pornography or child abuse material using a subdivision C) carriage service Engaging in sexual activity with a under 15 imprisonment 16 years of age using a carriage service Online grooming of a child under 16 years 15 years imprisonment of age Crimes Act 1914
Legislation relevant to child protection A of laws are relevant to this policy, including Australian Commonwealth, state and territory laws, and local laws in countries where DFAT works. A number of international child protection instruments also apply. Relevant Australian legislation Under Commonwealth law an Australian citizen or resident can be prosecuted for an offence committed against a child in another country under laws that have an extra-territorial application. Commonwealth legislation Criminal Code Act 1995 Legislation Examples of offences Maximum penalty Division 272 (child sex offences outside Australia) Engaging in sexual intercourse outside of Australia with a child under 16 years of age 20 imprisonment Engaging in sexual activity outside of Australia with a child under 16 years of age 15 imprisonment Engaging in sexual intercourse or sexual activity outside of Australia with a child under 16 years of age and the child has a mental impairment or is under the care, supervision or authority of the defendant 25 years imprisonment Engaging in sexual intercourse outside of Australia with a young person aged 16 or 17 years and the defendant is in a position of trust or authority 10 years imprisonment Engaging in sexual activity outside of Australia with a young person aged 16 or 17 years and the defendant is in a position of trust or authority 7 years imprisonment Grooming a child under 16 years of age to engage in sexual activity outside of Australia 12 years imprisonment Division 273 (offences involving child pornography material or child abuse material outside Australia) Possessing, controlling, producing, distributing or obtaining child pornography or child abuse material outside Australia 15 years imprisonment Division 474 (telecommunications offences, subdivision C) Accessing, soliciting or transmitting pornography or child abuse material using a carriage service 15 years imprisonment Engaging in sexual activity with a under 16 years of age using a carriage service 15 imprisonment Online grooming of a child under 16 years of age 15 years imprisonment Crimes Act 1914
child-protection-policy-2017.docx