Document ID: chunk:federal_register_of_legislation:C2019A00072:clause:6_1
Version: federal_register_of_legislation:C2019A00072
Segment Type: clause
Provision Reference: sch 6 cl 1
Character Range: 28412–29649

1  Section 272.17 of the Criminal Code
Repeal the section, substitute:

272.17  Defence based on valid and genuine marriage
  It is a defence to a prosecution for an offence against subsection 272.12(1) or 272.13(1) if the defendant proves that:
 (a) at the time of the sexual intercourse or sexual activity, there existed between the defendant and the young person a marriage that was valid, or recognised as valid, under the law of:
 (i) the place where the marriage was solemnised; or
 (ii) the place where the sexual intercourse or sexual activity is alleged to have taken place; or
 (iii) the place of the defendant's residence or domicile; and
 (b) when the marriage was solemnised:
 (i) the marriage was genuine; and
 (ii) the young person had attained the age of 16 years.
Note 1: A defendant bears a legal burden in relation to the matter in this section: see section 13.4.
Note 2: Subsection 272.12(1) deals with engaging in sexual intercourse with a young person outside Australia. Subsection 272.13(1) deals with engaging in sexual activity (other than sexual intercourse) with a young person outside Australia. Both offences apply to defendants in a position of trust or authority in relation to the young person concerned.