Criminal Code Amendment (Sexual Assault) Act 2017

Criminal Code Amendment (Sexual Assault) Act 2017

An Act to amend the Criminal Code Act 1924

Be it enacted by Her 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 (Sexual Assault) Act 2017 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Criminal Code Act 1924 is referred to as the Principal Act.

4.   Schedule 1 amended (Criminal Code)

Schedule 1 to the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of female genital mutilation in section 1 :

genitalia includes genitalia that have been surgically constructed or reconstructed;

(b) by inserting "or reconstructed" after "constructed" in the definition of penis in section 1 ;

(c) by omitting the definition of sexual intercourse from section 1 ;

(d) by inserting "or reconstructed" after "constructed" in the definition of vagina in section 1 ;

(e) by inserting the following section after section 2A in Chapter 1:

2B.   Sexual intercourse

(1)  In this Code –

sexual intercourse means –

(a) the penetration, to the least degree, of a person's vagina, genitalia, anus or mouth by a penis; or

(b) the penetration, to the least degree, of a person's vagina, genitalia or anus by a body part of a person other than a penis; or

(c) the penetration, to the least degree, of a person's vagina, genitalia or anus by an object held or manipulated by, or attached to, another person; or

(d) the continuation of an act of penetration referred to in paragraph (a), (b) or (c) of this definition.

(2)  In this section –

penetration does not include penetration carried out for a proper medical purpose, for the purposes of hygiene or for any purpose that is authorised by law.

(f) by omitting from section 14A(1) " section 124 , 125B , 127 , 127A or 185 " and substituting " section 124 , 125B , 127 or 185 ";

(g) by omitting from section 14A(2) " section 124 , 125B , 127A or 185 " first occurring and substituting " section 124 , 125B or 185 ";

(h) by omitting from section 14A(2)(b) " section 124 , 125B , 127A or 185 " and substituting " section 124 , 125B or 185 ";

(i) by omitting " section 124 , 125B , 125C , 125D , 127 or 127A " from paragraph (a) of the definition of relevant offence in section 14B(1) and substituting " section 124 , 125B , 125C , 125D or 127 ";

(j) by omitting " section 124 , 125B , 125C , 125D , 127 or 127A " from paragraph (b) of the definition of relevant offence in section 14B(1) and substituting " section 124 , 125B , 125C , 125D or 127 ";

(k) by omitting from section 14B(4) " section 124(3) , section 125B(3) , section 125C(4) , section 125D(5) , section 127(2) or section 127A(2) " and substituting " section 124(3) , section 125B(3) , section 125C(4) , section 125D(5) or section 127(2) ";

(l) by omitting subsection (3) from section 18 ;

(m) by omitting section 122 and substituting the following section:

122.   Bestiality

Any person who engages in an act of bestiality is guilty of a crime.

Charge:  Bestiality.

(n) by omitting from section 125A(1) " 127A ,";

(o) by omitting " 127A ," from the definition of unlawful sexual act in section 125D(2) ;

(p) by omitting section 127A ;

(q) by omitting " 127A ," from the definition of unlawful sexual act in section 130E(4) ;

(r) by omitting paragraph (d) from section 335 ;

(s) by omitting paragraphs (c) , (d) and (e) from section 336 and substituting the following paragraphs:

(c) indecent assault; or

(d) assault.

(t) by omitting from section 337(d) "assault; or" and substituting "assault.";

(u) by omitting paragraph (e) from section 337 ;

(v) by omitting section 337A ;

(w) by omitting paragraph (g) from section 337B(1) ;

(x) by inserting the following section after section 460 :

461.   Application of Criminal Code Amendment (Sexual Assault) Act 2017

(1)  In this section –

amending Act means the Criminal Code Amendment (Sexual Assault) Act 2017;

relevant amendments means the amendments to this Act, made by the amending Act, consisting of –

(a) the omission of the definition of sexual intercourse from section 1; and

(b) the insertion into this Act of section 2B.

(2)  Nothing in section 124(4) is to be taken to have the effect that the relevant amendments are to be taken to have applied, in relation to an offence referred to in section 124 , since 4 April 1924.

(y) by omitting

Unnatural sexual intercourse.

from Appendix A and substituting the following item:

Bestiality.

(z) by omitting the following item

Aggravated sexual assault.

from Appendix A ;

(za) by omitting the following item

Section 127A

Aggravated sexual assault

from Appendix D .

5.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 3 MAY 2017

Legislative Council on 20 JUNE 2017]