CRIMES (AMENDMENT) ACT 1989 No. 198
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement3. Amendment of Crimes Act 1900 No. 40
SCHEDULE 1 - AMENDMENTS RELATING TO SEXUAL ASSAULT
SCHEDULE 2 - AMENDMENTS RELATING TO PENALTIES
CRIMES (AMENDMENT) ACT 1989 No. 198
NEW SOUTH WALES
Act No. 198, 1989
An Act to amend the Crimes Act 1900 in relation to sexual assault and monetary penalties; and for other purposes. [Assented to 21 December 1989]
| See also Inclosed Lands Protection (Amendment) Act 1989. |
Crimes (Amendment) 1989
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Crimes (Amendment) Act 1989.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of Crimes Act 1900 No. 403. The Crimes Act 1900 is amended as set out in Schedules 1 and 2.
SCHEDULE 1 - AMENDMENTS RELATING TO SEXUAL
ASSAULT
(Sec. 3)
(1) Section 4 (Definitions):
(a)
Definition of "Personal violence offence" in section 4 (1): In paragraph (a), omit "or 61E", insert instead ", 61E, 611, 61J, 61K, 61L, 61M, 61N or 610".
(b)
Definition of "Prescribed sexual offence" in section 4 (1): In paragraph (a), after "61E,", insert "611, 61 J, 61K, 61L, 61M, 61N, 610,".
(c)
Definition of "Prescribed sexual offence" in section 4 (1): In paragraph (a), omit "or 78L", insert instead ", 78L or
80A".
(2) Sections 61A-61G:
Omit the sections.
(3) Sections 61H-61U:
Before section 62, insert-
Definition of sexual intercourse etc
61H. (1) For the purposes of sections 61H-66F, "sexual intercourse" means:
Act No. 198
Crimes (Amendment) 1989
SCHEDULE 1 - AMENDMENTS RELATING TO SEXUAL
ASSAULT - continued
(a)
sexual connection occasioned by the penetration of the vagina of any person or anus of any person by:
(i) any part of the body of another person; or
except where the penetration is carried out for
proper medical purposes; or(ii) an object manipulated by another person, (b)
sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person; or
(c) cunnilingus; or
(d) the continuation of sexual intercourse as defined in paragraph (a), (b) or (c). (2) For the purposes of sections 61H-66F, a person is under the authority of another person if the person is in the care, or under the supervision or authority, of the other person.
(3) For the purposes of this Act, a person who incites a person under the age of 16 years to an act of indecency, as referred to in section 61N or 610, is to be taken to commit an offence on the person under the age of 16 years.
Sexual assault
611. Any person who has sexual intercourse with another person without the consent of the other person and who
knows that the other person does not consent to the sexual
intercourse is liable to penal servitude for 14 years.
Aggravated sexual assault
61J. (1) Any person who has…