New South Wales Consolidated Acts
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CRIMES ACT 1900 - SECT 61HC
Meaning of "sexual act"
61HC Meaning of "sexual act"
(1) For the purposes of this Division,
"sexual act" means an act (other than sexual touching) carried out in
circumstances where a reasonable person would consider the act to be sexual.
(2) The matters to be taken into account in deciding whether a reasonable
person would consider an act to be sexual include--
(a) whether the area of
the body involved in the act is a person's genital area or anal area or (in
the case of a female person, or transgender or intersex person identifying as
female) the person's breasts, whether or not the breasts are sexually
(b) whether the person carrying out the act does so for the
purpose of obtaining sexual arousal or sexual gratification, or
any other aspect of the act (including the circumstances in which it is
carried out) makes it sexual.
(3) An act carried out for genuine medical or
hygienic purposes is not a sexual act.
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