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Article
Extraterritoriality and the sexual conduct of Australians overseas
Bond law review
  • Danielle Ireland-Piper, Bond University
Date of this Version
12-1-2010
Document Type
Journal Article
Publication Details

Published Version.

Ireland-Piper, D. (2010). Extraterritoriality and the sexual conduct of Australians overseas. Bond law review, 22(2), 16‐40.

Access the publisher’s website.

2010 HERDC submission. FoR Code: 180110; 180116

© Copyright Faculty of Law, Bond University & the author, 2010

Abstract

In April 2010, the Australian Parliament inserted Division 272 into the Criminal Code (Cth).[1]3 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 its 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 that 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

Citation Information
Danielle Ireland-Piper. "Extraterritoriality and the sexual conduct of Australians overseas" Bond law review Vol. 22 Iss. 2 (2010) p. 16 - 40
Available at: http://works.bepress.com/danielle_irelandpiper/14/