New South Wales Consolidated Acts

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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 developed, or
(b) whether the person carrying out the act does so for the purpose of obtaining sexual arousal or sexual gratification, or
(c) whether 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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