Criminal Code Amendment Act 1997

Criminal Code Amendment Act 1997

An Act to amend the Criminal Code

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Criminal Code Amendment Act 1997 .

2.   Commencement

This Act commences on the day after the day on which it receives the Royal Assent.

3.   Principal Act

In this Act, the Criminal Code is referred to as the Code.

4.    Section 122 substituted

Section 122 of the Code is repealed and the following section is substituted:

122.   Unnatural crimes

Any person who has sexual intercourse with an animal is guilty of a crime.

Charge:  Unnatural sexual intercourse.

5.    Section 123 repealed

Section 123 of the Code is repealed.

6.    Section 124 amended (Sexual intercourse with young person)

Section 124 of the Code is amended by inserting after subsection (3) the following subsections:

(4)  This section is to be taken to be in force from 4 April 1924.

(5)  Subsection (3) is not a defence to a charge under this section in the case of anal sexual intercourse.

(6)  Nothing in subsection (4) impugns or otherwise affects the lawfulness of a conviction arising from conduct that occurred before the commencement of the Criminal Code Amendment (Sexual Offences) Act 1987 .

7.    Section 127 amended (Indecent assault)

Section 127 of the Code is amended by inserting after subsection (3) the following subsections:

(4)  This section is to be taken to be in force from 4 April 1924.

(5)  Nothing in subsection (4) impugns or otherwise affects the lawfulness of a conviction arising from conduct that occurred before the commencement of the Criminal Code Amendment (Sexual Offences) Act 1987 .

[Second reading presentation speech made in:

House of Assembly on 25 MARCH 1997

Legislative Council on 15 APRIL 1997]