The provision makes it an offence for an adult to use electronic communication (such as email, internet chat rooms, SMS messages, real time audio/video or other similar communication) with the intention of procuring a person under the age of 16 years (or whom the adult believes to be under 16 years) to engage in a sexual act.
The definition of sexual intercourse is specifically not limited to acts involving physical contact.
Nor does the prosecution have to prove that the adult intended a particular sexual act.
It is no defence if it is in fact impossible for the child to engage in the sexual act intended.
Foreword | This paper reports the experience of Queensland police in the investigation of predatory behaviour by men seeking sex with children through online chat rooms.
It reports on the 25 investigations into online grooming completed by the Queensland Police in the period June 2003 and September 2004 under the code name Task Force Argos, and includes a discussion of three successful prosecutions.
To 'procure' includes knowingly enticing or recruiting for the purposes of sexual exploitation.
This law also makes it an offence for an adult to expose a person to any indecent matter, 'without legitimate reason', where that person is under the age of 16 years, or the adult believes that person to be less than 16.
At the time of the investigation, section 218A of the Criminal Code (Qld) was not in force; however, other offences subsequently came to light.
Police received a complaint of sexual abuse which occurred in another state upon a 14-year-old female victim who had met her abuser on the internet.
However, a maximum penalty of 10 years applies if the child is, or is believed by the adult to be, less than 12 years of age.