Victorian Current Acts

CRIMES ACT 1958 - SECT 49Z

    (1)     It is a defence to a charge for an offence against section 49C(1), 49E(1), 49G(1) or  49L(1) if, at the time of the conduct constituting the offence—

        (a)     A reasonably believed that A and B were married to each other and that the marriage was recognised as valid under the Marriage Act 1961 of the Commonwealth; or

        (b)     A—

              (i)     was not more than 5 years older than B; and

              (ii)     reasonably believed that A was B's domestic partner and that the domestic partnership commenced before B came under A's care, supervision or authority.

    (2)     It is a defence to a charge for an offence against section 49I(1) if, at the time of the conduct constituting the offence—

        (a)     A reasonably believed that A and C were married to each other and that the marriage was recognised as valid under the Marriage Act 1961 of the Commonwealth; or

        (b)     A—

              (i)     was not more than 5 years older than C; and

              (ii)     reasonably believed that A was C's domestic partner and that the domestic partnership commenced before C came under A's care, supervision or authority.

    (3)     A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(a) or (b)(ii) or (2)(a) or (b)(ii).

Notes

1     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.

2     An evidential burden applies to the matters referred to in subsections (1)(b)(i) and (2)(b)(i).

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