50C

Meaning of sexual act—pt 3

In force

(1)

In this part:

sexual act—

(a)

means—

(i)

sexual intercourse; or

(ii)

an act of indecency; or

(iii)

any other act in circumstances where a reasonable person would consider the act to be sexual; but

(b)

does not include—

(i)

an act carried out for a proper medical purpose; or

(ii)

an act otherwise authorised by law.

Note

The definition of sexual act applies to all of pt 3 unless another provision of pt 3 provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155).

(2)

The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include the following:

(a)

whether the area of the body involved in the act is a person’s breasts, genital area or anal area;

(b)

whether the person carrying out the act does so for the purpose of sexual arousal or sexual gratification;

(c)

whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual.

(3)

In this section:

object—see section 50 (2).

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