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.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.
View history note
Hide history note