New South Wales Consolidated Acts

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Child forced marriage

93AC Child forced marriage

(1) In this section--

"child" means a person who is under 18 years of age.

"marriage" includes the following--
(a) a marriage recognised under the law of a foreign country,
(b) a marriage that is void, invalid or not recognised by law for any reason.
(2) For the purposes of this section, a child enters into a
"forced marriage" if--
(a) the child enters into the marriage without freely and fully consenting--
(i) because of the use of coercion, threat or deception, or
(ii) because the child was incapable of understanding the nature and effect of the marriage ceremony, or
(b) when the marriage is entered into, the child is under 16 years of age.
(3) A person--
(a) who causes a child to enter into a forced marriage, and
(b) who intends to cause, or is reckless as to causing, that forced marriage,
is guilty of an offence.
: Maximum penalty--imprisonment for 9 years.
(4) A person is guilty of an offence if the person--
(a) enters into a marriage with a child, and
(b) knows that it is a forced marriage, and
(c) is not a victim of the forced marriage.
: Maximum penalty--imprisonment for 9 years.
(5) For the purposes of subsection (2)(a)(i), the subparagraph applies whether the use of the coercion, threat or deception--
(a) is by another party to the marriage or by another person, or
(b) is against the child or another person.

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