EXPOSURE DRAFT
Caroline Le Couteur
(Prepared by Parliamentary Counsel’s Office)
Crimes (Consent) Amendment Bill 2018

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Using the Internet etc to deprave young people
Section 66 (4)	2
	5	New section 66A	2
	6	Section 67 heading	3
	7	Section 67 (1)	3
	8	Section 67 (2) and (3)	4
	9	Consent—pt 3A
New section 72F (1A)	5
	10	Section 72F (1)	5
	11	Dictionary, new definition of consent	5

EXPOSURE DRAFT
Caroline Le Couteur
(Prepared by Parliamentary Counsel’s Office)
Crimes (Consent) Amendment Bill 2018

A Bill for
An Act to amend the Crimes Act 1900

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Crimes (Consent) Amendment Act 2018.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Crimes Act 1900.
4	Using the Internet etc to deprave young people
Section 66 (4)
omit
It is not a defence
substitute
Subject to section 66A, it is not a defence
5	New section 66A
insert
66A	Consenting young people—exception to s 64, s 65 and s 66 offences
	(1)	This section applies to an offence under the following provisions:
	(a)	section 64 (1);
	(b)	section 64 (3);
	(c)	section 65 (1);
	(d)	section 66 (1);
	(e)	section 66 (2).
	(2)	The provision does not apply to a person if—
	(a)	the child or young person the subject of the offence was 10 years old or older at the time of the offence; and
	(b)	there is not more than 2 years difference in age between the person and the child or young person; and
	(c)	the child or young person consented to the act constituting the offence.
Note	For offences against s 64 and s 65 (1), the defendant has an evidential burden in relation to the above matters (see Criminal Code, s 58).
6	Section 67 heading
substitute
67	Meaning of consent—sexual offence consent provisions
7	Section 67 (1)
omit everything before paragraph (a), substitute
	(1)	For a sexual offence consent provision, consent of a person to an act mentioned in a sexual offence consent provision by another person means—
	(a)	the person gives free and voluntary agreement; and 
	(b)	the other person—
	(i)	knows the agreement was freely and voluntarily given; or
	(ii)	is satisfied on reasonable grounds that the agreement was freely and voluntarily given.
	(1A)	Without limiting the grounds on which it may be established that consent is negated, the consent of a person to an act mentioned in a sexual offence consent provision is negated if that consent is caused—
8	Section 67 (2) and (3)
substitute
	(2)	For section 54 and section 55 (3) (b), a person who does not offer actual physical resistance to sexual intercourse must not, by reason only of that fact, be regarded as consenting to the sexual intercourse.
	(3)	If it is established that a person who knows the consent of another person to an act mentioned in a sexual offence consent provision has been caused by any of the circumstances set out in subsection (1A) (a) to (j), the person is taken to know that the other person does not consent to the act.
	(4)	In this section:
sexual offence consent provision means any of the following:
	(a)	section 54;
	(b)	section 55 (3) (b);
	(c)	section 60;
	(d)	section 61 (3) (b);
	(e)	section 66A (2) (c).
9	Consent—pt 3A
New section 72F (1A)
before subsection (1), insert
	(1A)	For this part, consent of a person to the distribution of an intimate image of the person by another person (the offender) means—
	(a)	the person gives free and voluntary agreement; and 
	(b)	the offender—
	(i)	knows the agreement was freely and voluntarily given; or
	(ii)	is satisfied on reasonable grounds that the agreement was freely and voluntarily given.
10	Section 72F (1)
omit
another person (the offender)
substitute
the offender
11	Dictionary, new definition of consent
insert
consent—
	(a)	for sections 54, 55 (3) (b), 60, 61 (3) (b) and 66A (2) (c)—see section 67 (1); or
	(b)	for part 3A (Intimate image abuse)—see section 72F (1A).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2018.
2	Notification
	Notified under the Legislation Act on	2018.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.