(1) In this part:
(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).