Criminal Code Act 1899

Any person who takes or entices away, or detains a child who is under the age of 16 years and is not the husband or wife of that person for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a proscribed act) defined to constitute an offence in section 210 or 215 is guilty of a crime.

If the child is of or above the age of 12 years, the offender is liable to imprisonment for 10 years.

If the child is under the age of 12 years, the offender is liable to imprisonment—

for life, where the proscribed act is one defined to constitute an offence in section 215; or

for 14 years in any other case.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the proscribed act is one defined to constitute an offence defined in section 210 or 215 and the child is of or above 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, the child was of or above 16 years. sch 1 pt 4 ch 22 s 219 amd 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2