Extraterritoriality and the sexual conduct of Australians overseas

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Extract: In April 2010, the Australian Parliament inserted Division 272 into the Criminal Code (Cth). The division is entitled 'Child sex offences outside Australia' and contains various offences relating to sexual intercourse or sexual activity, even where that activity takes place overseas. The title of this predecessor (Part IIIA of the Crimes Act 1914) was 'Child Sex Tourism'. However, the scope of the offences under both Part IIIA and Division 272 extends to conduct that takes place overseas with no territorial nexus to Australia other than the Australian citizenship or residency of the offender. For example, an Australian citizen who is a resident of an overseas jurisdiction is caught by the offence provisions even where that citizen makes no attempt to re-enter Australia. Child sex tourism remains one of the concerns underlying the legislation. Yet the title of Division 272 acknowledges a broader agenda than the former title.
Original languageEnglish
Pages (from-to)16-40
Number of pages25
JournalBond Law Review
Volume22
Issue number2
Publication statusPublished - 2010

Fingerprint

overseas
offense
Tourism
citizen
parliament
jurisdiction
offender
citizenship
legislation
act
resident

Cite this

@article{9814819ab174472d86faf7a1ccff6528,
title = "Extraterritoriality and the sexual conduct of Australians overseas",
abstract = "Extract: In April 2010, the Australian Parliament inserted Division 272 into the Criminal Code (Cth). The division is entitled 'Child sex offences outside Australia' and contains various offences relating to sexual intercourse or sexual activity, even where that activity takes place overseas. The title of this predecessor (Part IIIA of the Crimes Act 1914) was 'Child Sex Tourism'. However, the scope of the offences under both Part IIIA and Division 272 extends to conduct that takes place overseas with no territorial nexus to Australia other than the Australian citizenship or residency of the offender. For example, an Australian citizen who is a resident of an overseas jurisdiction is caught by the offence provisions even where that citizen makes no attempt to re-enter Australia. Child sex tourism remains one of the concerns underlying the legislation. Yet the title of Division 272 acknowledges a broader agenda than the former title.",
author = "Danielle Ireland-Piper",
year = "2010",
language = "English",
volume = "22",
pages = "16--40",
journal = "Bond Law Review",
issn = "1033-4505",
publisher = "Bond University Press",
number = "2",

}

Extraterritoriality and the sexual conduct of Australians overseas. / Ireland-Piper, Danielle.

In: Bond Law Review, Vol. 22, No. 2, 2010, p. 16-40.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - Extraterritoriality and the sexual conduct of Australians overseas

AU - Ireland-Piper, Danielle

PY - 2010

Y1 - 2010

N2 - Extract: In April 2010, the Australian Parliament inserted Division 272 into the Criminal Code (Cth). The division is entitled 'Child sex offences outside Australia' and contains various offences relating to sexual intercourse or sexual activity, even where that activity takes place overseas. The title of this predecessor (Part IIIA of the Crimes Act 1914) was 'Child Sex Tourism'. However, the scope of the offences under both Part IIIA and Division 272 extends to conduct that takes place overseas with no territorial nexus to Australia other than the Australian citizenship or residency of the offender. For example, an Australian citizen who is a resident of an overseas jurisdiction is caught by the offence provisions even where that citizen makes no attempt to re-enter Australia. Child sex tourism remains one of the concerns underlying the legislation. Yet the title of Division 272 acknowledges a broader agenda than the former title.

AB - Extract: In April 2010, the Australian Parliament inserted Division 272 into the Criminal Code (Cth). The division is entitled 'Child sex offences outside Australia' and contains various offences relating to sexual intercourse or sexual activity, even where that activity takes place overseas. The title of this predecessor (Part IIIA of the Crimes Act 1914) was 'Child Sex Tourism'. However, the scope of the offences under both Part IIIA and Division 272 extends to conduct that takes place overseas with no territorial nexus to Australia other than the Australian citizenship or residency of the offender. For example, an Australian citizen who is a resident of an overseas jurisdiction is caught by the offence provisions even where that citizen makes no attempt to re-enter Australia. Child sex tourism remains one of the concerns underlying the legislation. Yet the title of Division 272 acknowledges a broader agenda than the former title.

M3 - Article

VL - 22

SP - 16

EP - 40

JO - Bond Law Review

JF - Bond Law Review

SN - 1033-4505

IS - 2

ER -