Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 50CB

                   It is a defence to a prosecution for an offence against Division 2 that:

                     (a)  at the time of the sexual intercourse or act of indecency, there existed between the defendant and the person in relation to whom the offence was allegedly committed a marriage that was valid, or recognised as valid, under the law of:

                              (i)  the place where the marriage was solemnised; or

                             (ii)  the place where the offence was allegedly committed; or

                            (iii)  the place of the defendant's residence or domicile; and

                     (b)  when it was solemnised, the marriage was genuine.

Note:          A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code ).