Victorian Current Acts

CRIMES ACT 1958 - SECT 49Y

    (1)     A does not commit an offence against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time at which the offence is alleged to have been committed—

        (a)     A and B are married to each other and the marriage is recognised as valid under the Marriage Act 1961 of the Commonwealth; or

        (b)     A—

              (i)     is not more than 5 years older than B; and

              (ii)     is B's domestic partner and the domestic partnership commenced before B came under A's care, supervision or authority.

    (2)     A does not commit an offence against section 49I(1) if, at the time at which the offence is alleged to have been committed—

        (a)     A and C are married to each other and the marriage is recognised as valid under the Marriage Act 1961 of the Commonwealth; or

        (b)     A—

              (i)     is not more than 5 years older than C; and

              (ii)     is C's domestic partner and the domestic partnership commenced before C came under A's care, supervision or authority.

Note

References to A, B and C in this section are references to the same A, B and C referred to in sections 49C, 49E, 49G, 49I and 49L.

S. 49Z inserted by No. 47/2016 s. 16.