Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p5
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 5/30)
Character Range: 1062513–1065118

alleged victim or alleged offender, and any other person;
 (c) the personal circumstances of the alleged victim, including but not limited to:
 (i) whether he or she is entitled to be in Australia under the Migration Act 1958; and
 (ii) his or her ability to speak, write and understand English or another language; and
 (iii) the extent of his or her social and physical dependence on the alleged offender or any other person.
 (3) Subsection (1) does not:
 (a) prevent the leading of any other evidence in the relevant proceedings; or
 (b) limit the manner in which evidence may be given or the admissibility of evidence.
 (4) In this section:
family member of a person means:
 (a) the person's spouse or de facto partner; or
 (b) a parent, step‑parent or grandparent of the person; or
 (c) a child, step‑child or grandchild of the person; or
 (d) a brother, sister, step‑brother or step‑sister of the person; or
 (e) a guardian or carer of the person.
 (5) For the purposes of this section, the family members of a person are taken to include the following (without limitation):
 (a) a de facto partner of the person;
 (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;
 (c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.

Subdivision D—Offences against Division 270: general

270.11  Offences against Division 270—no defence of victim consent or acquiescence
  To avoid doubt, it is not a defence in a proceeding for an offence against this Division that a person against whom the offence is alleged to have been committed consented to, or acquiesced in, conduct constituting any element of the offence.

270.12  Offences against Division 270—other laws not excluded
 (1) This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Note: Division 279 (video link evidence) applies to a proceeding for an offence against this Division.
 (2) Without limiting subsection (1), this Division is not intended to exclude or limit the concurrent operation of any other law of the Commonwealth, or a law of a State or Territory, that makes:
 (a) an act or omission that is an offence against a provision of this Division; or
 (b) a similar act or omission;
an offence against the law of the Commonwealth, State or Territory.
 (3) Subsection (2) applies even if the other law of the Commonwealth, or the law of the State or Territory, does any one or