Criminal Code Amendment Act 2022

Criminal Code Amendment Act 2022

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 Act 2022 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

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 subsection after subsection (2) in section 2A :

(2A)  Without limiting the application of subsection (2) to an act of sexual intercourse, a person does not freely agree to an act of sexual intercourse with another person if the person says or does anything to communicate to the other person that a condom must be used for that sexual intercourse and the other person intentionally –

(a) does not use a condom; or

(b) tampers with the condom; or

(c) removes the condom –

before or during the sexual intercourse.

(b) by inserting the following section after section 170A :

170B.   Strangulation, &c.

A person who intentionally and unlawfully chokes, suffocates or strangles another person is guilty of a crime.

Charge:  Strangulation.

(c) by inserting the following section after section 333 :

333A.   Attempted murder

Upon an indictment for attempting to commit murder the accused person may be convicted of –

(a) an unlawful act intended to cause bodily harm; or

(b) strangulation.

(d) by inserting the following section after section 334 :

334AA.   Strangulation

Upon an indictment for strangulation the accused person may be convicted of assault.

(e) by inserting the following paragraph after paragraph (a) in section 334A(1) :

(ab) strangulation; or

(f) by inserting in section 334A(2) "or strangulation" after "assault";

(g) by inserting the following paragraph after paragraph (g) in section 337A(1) :

(ga) strangulation;

(h) by inserting in Appendix A after

Persistent family violence.

the following item:

Strangulation.

5.   Repeal of Act

This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.

[Second reading presentation speech made in:

House of Assembly on 10 MARCH 2022

Legislative Council on 25 MAY 2022]