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CLAUSE NOTES
Criminal Code Amendment (Sexual Offences Against
Young People) Bill 2013
Clause 1: Short Title.
Clause 2: Commencement on Royal Assent.
Clause 3: The Principal Act is the Criminal Code Act 1924.
Clause 4: Amends the Principal Act in the following
manner -
(a) inserts a new clause 14B which:
i. specifies that a mistaken belief as to the
age of a young person who is under the
age of 13 does not excuse an accused
from criminal responsibility in relation to
specified offences;
ii. sets out what is required for a mistake as
to age in respect to specified offences to
be considered honest and reasonable; and
iii. provides that a mistake as to age can be
relied on to raise a defence of consent
under specified subsections
(b) omits subsection 124(2);
(c) omits subsection 124(5) so that the age
similarity consent defence in subsection
124(3) applies to any sexual intercourse;
(d) omits subsection 125A(5);
(e) inserts new subsection 125A(6A) to allow
an unlawful sexual act committed outside
the State to be an unlawful sexual act for
the purpose of section 125A provided the
act would have been an unlawful sexual act
if committed in Tasmania and at least one of
the required unlawful sexual acts in relation
to the young person was committed in
Tasmania;
(f) omits subsection 125B(2);
(g) omits subsection 125C(5);
(h) amends the paragraph so that it ends with a
full stop;
(i) omits paragraph 125D(c);
(j) inserts a new section 460 to clarify that the
amendments made by this Act do not apply
to an offence committed before the
commencement of the amendments.
Clause 5: Repeals the amending Act.