Criminal Code Act 1899

Any person who engages or attempts to engage in unlawful penile intercourse with a child under the age of 16 years is guilty of an indictable offence.

If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to engage in unlawful penile intercourse, to imprisonment for 14 years.

If the child is not the lineal descendant of the offender but the offender is the child’s guardian or, for the time being, has the child under the offender’s care, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to engage in unlawful penile intercourse, to imprisonment for 14 years.

If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for life.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of 16 years.

If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.