Application of Division
387A Application of Division
Pt 8.2 Div. 7A (Heading and ss 387A, 387B inserted by No. 28/2016 s. 9.
S. 387A inserted by No. 28/2016 s. 9.
S. 387A(1) amended by No. 28/2016 s. 12, substituted by No. 5/2018 s. 14.
This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for—
an offence against any of the following provisions of the Crimes Act 1958—
section 38 (rape);
section 39 (rape by compelling sexual penetration);
section 49A (sexual penetration of a child under the age of 12);
section 49B (sexual penetration of a child under the age of 16);
section 49C (sexual penetration of a child aged 16 or 17 under care, supervision or authority);
section 49D (sexual assault of a child under the age of 16);
section 49E (sexual assault of a child aged 16 or 17 under care, supervision or authority);
section 49F (sexual activity in the presence of a child under the age of 16);
section 49G (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority);
section 49H (causing a child under the age of 16 to be present during sexual activity);
section 49I (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity);
section 49J (persistent sexual abuse of a child under the age of 16);
section 50C (sexual penetration of a child or lineal descendant);
section 50D (sexual penetration of a step-child);
section 50E (sexual penetration of a parent, lineal ancestor or step‑parent);
section 50F (sexual penetration of a sibling or half-sibling); or
an offence of attempting to commit, or of incitement or conspiracy to commit, an offence referred to in paragraph (a).
This Division applies to a complainant in a criminal proceeding referred to in subsection (1).
This Division applies to a recording of the evidence (including cross-examination and re‑examination) of a complainant given during a summary hearing by the Children's Court in a criminal proceeding referred to in subsection (1).
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.