Criminal Code Amendment Act 2001 (TAS)

Criminal Code Amendment Act 2001

An Act to amend the Criminal Code Act 1924 and the Police Offences Act 1935 with respect to certain sexual offences and related matters

[Royal Assent 17 December 2001]

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:

1Short titleThis Act may be cited as the Criminal Code Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Criminal Code Act 1924 is referred to as the Principal Act. 4Schedule 1 amended (Criminal Code)Schedule 1 to the Principal Act is amended as follows: (a) by inserting in section 125A(1) "whether committed before, on or after the commencement of this section" after "185"; (b) by inserting the following section after section 125A: 125BIndecent act with young person (1)  Any person who does any indecent act with, or directed at, another person who is under the age of 17 years is guilty of a crime.Charge:  Indecent act with or directed at a young person under the age of 17 years. (2)  It is a defence to a charge under this section to prove that the accused person believed on reasonable grounds that the other person was of or above the age of 17 years. (3)  The consent of a person against whom a crime is alleged to have been committed under this section is a defence to such a charge only where, at the time the crime was alleged to have been committed – (a) that person was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or (b) that person was of or above the age of 12 years and the accused person was not more than 3 years older than that person. (c) by omitting section 126 and substituting the following section: 126Sexual intercourse with person with mental impairment (1)  Any person responsible for the care of a person with a mental impairment who has sexual intercourse with that person is guilty of a crime.Charge:  Sexual intercourse with a person with a mental impairment. (2)  It is a defence to a charge under this section to prove that – (a) at the time of the act – (i) the person with the mental impairment consented to the act; and (ii) the giving of that consent was not unduly influenced by the fact that the person was responsible for the care of the person with the mental impairment; or (b) at the time of the act, the person was married to, or was the de facto partner of, the person with the mental impairment. (3)  For the purpose of this section, a person is responsible for the care of a person with a mental impairment if the person provides medical, nursing, therapeutic or educative services to the person with a mental impairment in connection with that mental impairment. (4)  In this section – mental illness has the same meaning as in the Mental Health Act 1996 ; mental impairment means senility, intellectual disability, mental illness or brain damage. (d) by omitting section 131. 5Police Offences Act 1935 amended Section 35 of the Police Offences Act 1935 is amended by inserting after subsection (4) the following subsection: (5)  A complaint made for the purposes of the Justices Act 1959 in relation to an offence under subsection (3) is to be made within 12 months after the date of the offence.

[Second reading presentation speech made in:

House of Assembly on 28 MARCH 2001

Legislative Council on 6 NOVEMBER 2001]