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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIMINAL CODE AMENDMENT (SEXUAL
OFFENCES AGAINST YOUNG PEOPLE) BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Schedule 1 amended (Criminal Code)
5. Repeal of Act
[Bill 31]-XI
2
CRIMINAL CODE AMENDMENT (SEXUAL
OFFENCES AGAINST YOUNG PEOPLE) BILL 2013
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.
P. R. ALCOCK, Clerk of the House
20 August 2013
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Criminal Code Act 1924
Be it enacted by His 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 Offences against Young
People) Act 2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 31] 3
Criminal Code Amendment (Sexual Offences against Young
People) Act 2013
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 section after
section 14A:
14B. Mistake as to age of victim in relation
to certain sexual offences
(1) In this section -
relevant offence means -
(a) an offence against
section 124, 125B,
125C, 125D, 127
or 127A; and
(b) an offence of
attempting to
commit an offence
against
section 124, 125B,
125C, 125D, 127
or 127A.
*No. 69 of 1924
4
Criminal Code Amendment (Sexual Offences against Young
People) Act 2013
Act No. of
s. 4
(2) In proceedings for a relevant
offence, by an accused, in respect
of a person who is under the age
of 13 years, a mistaken belief by
the accused as to the age of the
person does not excuse the
accused from criminal
responsibility for any act or
omission done or made under
such a mistaken belief.
(3) In proceedings for a relevant
offence, by an accused, in respect
of a person who is under the age
of 17 years, a mistaken belief by
the accused as to the age of the
person is not honest or reasonable
if -
(a) the accused did not take
all reasonable steps to
ascertain the age of the
person; or
(b) the accused was in a state
of self-induced
intoxication and the
mistake was not one
which the accused would
have made if not
intoxicated.
(4) For the avoidance of doubt, in
proceedings for a relevant
offence, by an accused, in respect
5
Criminal Code Amendment (Sexual Offences against Young
People) Act 2013
Act No. of
s. 4
of a person who is under the age
of 17 years but not under the age
of 13 years, an honest and
reasonable but mistaken belief by
the accused as to the age of the
person may be relied on for the
purpose of a defence referred to
in section 124(3),
section 125B(3), section 125C(4),
section 125D(5), section 127(2)
or section 127A(2).
(b) by omitting subsection (2) from section
124;
(c) by omitting subsection (5) from section
124;
(d) by omitting subsection (5) from section
125A;
(e) by inserting the following subsection
after subsection (6) in section 125A:
(6A) A reference in this section to an
unlawful sexual act that is
committed by a person in relation
to a young person includes a
reference to conduct that was, in
relation to the young person,
committed by the person outside
the State if -
(a) the conduct was unlawful
in the State, territory or
country in which it was
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Criminal Code Amendment (Sexual Offences against Young
People) Act 2013
Act No. of
s. 4
committed and, if it had
been committed in this
State by the person in
relation to the young
person, would have been
an unlawful sexual act;
and
(b) at least one unlawful
sexual act in relation to
the young person was
committed by the person
in this State.
(f) by omitting subsection (2) from section
125B;
(g) by omitting subsection (5) from section
125C;
(h) by omitting from section 125D(5)(b)
"person; or" and substituting "person.";
(i) by omitting paragraph (c) from section
125D(5);
(j) by inserting the following section after
section 459:
460. Application of Criminal Code
Amendment (Sexual Offences against
Young People) Act 2013
The amendments to this Act
made by the Criminal Code
Amendment (Sexual Offences
7
Criminal Code Amendment (Sexual Offences against Young
People) Act 2013
Act No. of
s. 5
against Young People) Act 2013
do not apply in relation to an
offence committed before the
amendments commence.
5. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
8 Government Printer, Tasmania