Untitled document

Crimes (Female Genital Mutilation) Act 1996

Act No. 46/1996

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Insertion of new definitions	2
4.	Insertion of new sections 32 to 34A	3

32.	Offence to perform female genital mutilation	3
33.	Offence to take a person from the State with the
intention of having prohibited female genital mutilation
performed	4
34.	Consent not a defence to a charge under sections
32 or 33	4
34A.	Exceptions to offences under section 32	5

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NOTES 6

i

Victoria

No. 46 of 1996

Crimes (Female Genital Mutilation) Act

†

1996

[Assented to 26 November 1996]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Crimes Act 1958 to make provision with respect to the practice of female genital mutilation.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

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Act No. 46/1996

3. Insertion of new definitions

In section 15 of the Crimes Act 1958 insert the following definitions—

' "child" means any person under the age of 18

years;

"female genital mutilation" means all or any of

the following—

(a) infibulation;

(b)	the excision or mutilation of the whole or a part of the clitoris;
(c)	the excision or mutilation of the whole or a part of the labia minora or labia majora;
(d)	any procedure to narrow or close the vaginal opening;
(e)	the sealing or suturing together of the labia minora or labia majora;

(f) the removal of the clitoral hood;

"medical practitioner" means—

(a) a registered medical practitioner; or

(b) in relation to the performance of female genital mutilation outside Victoria, a person who, in the place in which the female genital mutilation took place, holds an authority to practise medicine which is similar to that of a registered medical practitioner;

"midwife" means—

(a) a registered midwife; or

(b) in relation to the performance of female genital mutilation outside Victoria, a

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Act No. 46/1996

person who, in the place in which the female genital mutilation took place, holds an authority to practise midwifery

which is similar to that of registered

midwife;

"prohibited female genital mutilation" means

female genital mutilation the performance of which would be an offence under this Act if carried out in the State;

"registered medical practitioner" has the same

meaning as in the Medical Practice Act
1994;

"registered midwife" means a person who is registered under Part 2 of the Nurses Act 1993 in Division 1 of the Register

established under that Act and who has
completed a course in midwifery approved
by the Nurses Board of Victoria, established

under that Act;'.

4. Insertion of new sections 32 to 34A

After section 31 of the Crimes Act 1958 insert—

"32. Offence to perform female genital

mutilation

(1) A person must not perform female genital

mutilation on a child.

Penalty: Level 4 imprisonment.

(2) A person must not perform on a person other

than a child any type of female genital
mutilation referred to in paragraphs (a) to (e)
of the definition of female genital mutilation.

Penalty: Level 4 imprisonment.

Crimes (Female Genital Mutilation) Act 1996

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Act No. 46/1996

33.  Offence to take a person from the State with the intention of having prohibited female genital mutilation performed

(1) A person must not take another person from the State, or arrange for another person to be taken from the State, with the intention of

having prohibited female genital mutilation

performed on the other person.

Penalty: Level 4 imprisonment.

(2) In proceedings for an offence under

sub-section (1), proof that—

(a)	the defendant took the person, or arranged for the person to be taken from the State; and
(b)	the person was subjected, while outside the State, to prohibited female genital mutilation—

is, in the absence of proof to the contrary, female genital mutilation performed on the person.

proof that the defendant took the person or
arranged for the person to be taken from the

34.  Consent not a defence to a charge under sections 32 or 33

It is not a defence to a charge brought under section 32 or 33 to prove that the person on whom the act which is the subject of the

charge was performed, or the parents or guardian of that person, consented to the performance of that act.

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34A. Exceptions to offences under section 32

(1) It is not an offence against section 32 if the

performance of the female genital mutilation

is by a surgical operation which is—

(a)	necessary for the health of the person on whom it is performed and which is performed by a medical practitioner; or
(b)	is performed on a person in labour or who has just given birth, and for medical purposes or the relief of physical symptoms connected with that labour or birth, and which is performed by a medical practitioner or a midwife; or
(c)

is a sexual reassignment procedure practitioner.

(2) For the purposes of sub-section (1)(a), in

determining whether an operation is
necessary for the health of a person, the only
matters to be taken into account are those
relevant to the medical welfare or the relief

of physical symptoms of the person.

(3) The burden of proving that the performance

of the female genital mutilation did not occur
in any of the circumstances set out in

sub-section (1) lies with the prosecution.".

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Crimes (Female Genital Mutilation) Act 1996

Notes

Act No. 46/1996

NOTES

†

Minister's second reading speech—

Legislative Assembly: 10 October 1996

Legislative Council: 12 November 1996

The long title for the Bill for this Act was "to amend the Crimes Act 1958
to make provision with respect to female genital mutilation and for other
purposes."