Criminal Code Act 1899

Any person who—

engages in penile intercourse with the person’s offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and

knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;

commits a crime.Maximum penalty—imprisonment for life.

Any person who attempts to commit the crime of incest is liable to imprisonment for 10 years.

It is immaterial that the act or attempted act of penile intercourse happened with the consent of either person.

It is a defence to a charge under this section to prove that the accused person was, at the time when the act or attempted act of penile intercourse happened, acting under the coercion of the other person.

A reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that is a half, adoptive or step relationship.

For subsection (5), a reference to an adoptive relationship includes a relationship of that type that came into existence as a result of the making of an adoption order under the Adoption Act 2009 regardless of whether the order has been discharged.

For subsection (5), a reference to a step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.

Also, for subsection (5), a reference to a step relationship does not include a step relationship that first arose after the relevant persons became adults.

Also, if a parentage order is made under the Surrogacy Act 2010, a reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that—

existed before the making of the order; or

came into existence as a result of the making of the order regardless of whether the order has been discharged.

Also, if a cultural recognition order is made under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, a reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that—

existed before the making of the order; or

came into existence as a result of the making of the order regardless of whether the order has been discharged.

This section does not apply to penile intercourse between persons who are—

lawfully married; or

if both persons are adults—entitled to be lawfully married.

sch 1 pt 4 ch 22 s 222 amd 1943 7 Geo 6 No. 14 s 5; 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 19