Criminal Code Act 1899

Any person who performs female genital mutilation on another person is guilty of a crime.Maximum penalty—14 years imprisonment.

It is not a defence that the other person, or, if the other person is a child, a parent or guardian of the other person, consented to the mutilation.

In this section—female genital mutilation means—

clitoridectomy; or

excision of any other part of the female genitalia; or

a procedure to narrow or close the vaginal opening; or

any other mutilation of the female genitalia;

but does not include—

a sexual reassignment procedure; or

a medical procedure for a genuine therapeutic purpose.

medical procedure for a genuine therapeutic purpose means a medical procedure that is—

directed only at curing or alleviating a physiological disability, physical abnormality, psychological disorder or pathological condition; or

performed on a person in labour or who has just given birth and directed only at alleviating physical symptoms in relation to the labour or birth or for other medical purposes; or

performed on a person who has been subjected to female genital mutilation and directed only at treating the effects, or to reversing the effects, of the previous mutilation.

sexual reassignment procedure means a surgical procedure to give a person the genital appearance of a particular sex, whether male or female. sch 1 pt 5 ch 29 s 323A ins 2000 No. 43 s 19