49Y

Exceptions to offences against children aged 16 or 17—marriage or domestic partnership

In force

S. 49Y inserted by No. 47/2016 s. 16.

(1)

A does not commit an offence against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time at which the offence is alleged to have been committed—

(a)

A and B are married to each other and the marriage is recognised as valid under the Marriage Act 1961 of the Commonwealth; or

(b)

A—

(i)

is not more than 5 years older than B; and

(ii)

is B's domestic partner and the domestic partnership commenced before B came under A's care, supervision or authority.

(2)

A does not commit an offence against section 49I(1) if, at the time at which the offence is alleged to have been committed—

(a)

A and C are married to each other and the marriage is recognised as valid under the Marriage Act 1961 of the Commonwealth; or

(b)

A—

(i)

is not more than 5 years older than C; and

(ii)

is C's domestic partner and the domestic partnership commenced before C came under A's care, supervision or authority.

Note

References to A, B and C in this section are references to the same A, B and C referred to in sections 49C, 49E, 49G, 49I and 49L.

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