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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIMINAL CODE AMENDMENT (SEXUAL
ASSAULT) BILL 2017
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Schedule 1 amended (Criminal Code)
5. Repeal of Act
[Bill 22]-XI
2
CRIMINAL CODE AMENDMENT (SEXUAL
ASSAULT) BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
3 May 2017
(Brought in by the Acting Attorney-General, the Honourable
Matthew Guy Groom)
A BILL FOR
An Act to amend the Criminal Code Act 1924
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Criminal Code
Amendment (Sexual Assault) Act 2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 22] 3
Criminal Code Amendment (Sexual Assault) Act 2017
Act No. of
s. 3
3. Principal Act
In this Act, the Criminal Code Act 1924* is
referred to as the Principal Act.
4. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of female genital
mutilation in section 1:
genitalia includes genitalia that have
been surgically constructed or
reconstructed;
(b) by inserting "or reconstructed" after
"constructed" in the definition of penis in
section 1;
(c) by omitting the definition of sexual
intercourse from section 1;
(d) by inserting "or reconstructed" after
"constructed" in the definition of vagina
in section 1;
(e) by inserting the following section after
section 2A in Chapter 1:
2B. Sexual intercourse
(1) In this Code -
*No. 69 of 1924
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Criminal Code Amendment (Sexual Assault) Act 2017
Act No. of
s. 4
sexual intercourse means -
(a) the penetration, to
the least degree, of
a person's vagina,
genitalia, anus or
mouth by a penis;
or
(b) the penetration, to
the least degree, of
a person's vagina,
genitalia or anus
by a body part of a
person other than
a penis; or
(c) the penetration, to
the least degree, of
a person's vagina,
genitalia or anus
by an object held
or manipulated by,
or attached to,
another person; or
(d) the continuation of
an act of
penetration
referred to in
paragraph (a), (b)
or (c) of this
definition.
(2) In this section -
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Criminal Code Amendment (Sexual Assault) Act 2017
Act No. of
s. 4
penetration does not include
penetration carried out for
a proper medical purpose,
for the purposes of
hygiene or for any
purpose that is authorised
by law.
(f) by omitting from section 14A(1)
"section 124, 125B, 127, 127A or 185"
and substituting "section 124, 125B, 127
or 185";
(g) by omitting from section 14A(2)
"section 124, 125B, 127A or 185" first
occurring and substituting "section 124,
125B or 185";
(h) by omitting from section 14A(2)(b)
"section 124, 125B, 127A or 185" and
substituting "section 124, 125B or 185";
(i) by omitting "section 124, 125B, 125C,
125D, 127 or 127A" from paragraph (a)
of the definition of relevant offence in
section 14B(1) and substituting
"section 124, 125B, 125C, 125D or 127";
(j) by omitting "section 124, 125B, 125C,
125D, 127 or 127A" from paragraph (b)
of the definition of relevant offence in
section 14B(1) and substituting
"section 124, 125B, 125C, 125D or 127";
(k) by omitting from section 14B(4)
"section 124(3), section 125B(3),
section 125C(4), section 125D(5),
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Criminal Code Amendment (Sexual Assault) Act 2017
Act No. of
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section 127(2) or section 127A(2)" and
substituting "section 124(3),
section 125B(3), section 125C(4),
section 125D(5) or section 127(2)";
(l) by omitting subsection (3) from section
18;
(m) by omitting section 122 and substituting
the following section:
122. Bestiality
Any person who engages in an
act of bestiality is guilty of a
crime.
Charge: Bestiality.
(n) by omitting from section 125A(1)
"127A,";
(o) by omitting "127A," from the definition
of unlawful sexual act in section
125D(2);
(p) by omitting section 127A;
(q) by omitting "127A," from the definition
of unlawful sexual act in section
130E(4);
(r) by omitting paragraph (d) from section
335;
(s) by omitting paragraphs (c), (d) and (e)
from section 336 and substituting the
following paragraphs:
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Criminal Code Amendment (Sexual Assault) Act 2017
Act No. of
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(c) indecent assault; or
(d) assault.
(t) by omitting from section 337(d) "assault;
or" and substituting "assault.";
(u) by omitting paragraph (e) from section
337;
(v) by omitting section 337A;
(w) by omitting paragraph (g) from section
337B(1);
(x) by inserting the following section after
section 460:
461. Application of Criminal Code
Amendment (Sexual Assault) Act 2017
(1) In this section -
amending Act means the
Criminal Code
Amendment (Sexual
Assault) Act 2017;
relevant amendments means
the amendments to this
Act, made by the
amending Act, consisting
of -
(a) the omission of
the definition of
sexual intercourse
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Criminal Code Amendment (Sexual Assault) Act 2017
Act No. of
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from section 1;
and
(b) the insertion into
this Act of section
2B.
(2) Nothing in section 124(4) is to be
taken to have the effect that the
relevant amendments are to be
taken to have applied, in relation
to an offence referred to in
section 124, since 4 April 1924.
(y) by omitting
Unnatural sexual intercourse.
from Appendix A and substituting the
following item:
Bestiality.
(z) by omitting the following item
Aggravated sexual assault.
from Appendix A;
(za) by omitting the following item
Section 127A Aggravated sexual assault
from Appendix D.
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Criminal Code Amendment (Sexual Assault) Act 2017
Act No. of
s. 5
5. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
10 Government Printer, Tasmania