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CRIMES AMENDMENT (SEXUAL OFFENCES) BILL 2002





                               New South Wales




Crimes Amendment (Sexual Offences)
Bill 2002

Contents
                                                              Page

                  1 Name of Act                                   2
                  2 Commencement                                  2
                  3 Amendment of Crimes Act 1900 No 40            2

        Schedule 1 Amendments                                     3




b97-303-p03.843

 
 
                             New South Wales




Crimes Amendment (Sexual Offences)
Bill 2002


No     , 2002



A Bill for

An Act to amend the Crimes Act 1900 with respect to the equal treatment of sexual
offences against males and females.

 
 
Clause 1          Crimes Amendment (Sexual Offences) Bill 2002




The Legislature of New South Wales enacts:                                             1

   1     Name of Act                                                                   2
             This Act is the Crimes Amendment (Sexual Offences) Act 2002.              3

   2     Commencement                                                                  4
             This Act commences on the day that is 30 days after the date of assent,   5
             unless commenced sooner by proclamation.                                  6

   3     Amendment of Crimes Act 1900 No 40                                            7
             The Crimes Act 1900 is amended as set out in Schedule 1.                  8




Page 2

 
 
Crimes Amendment (Sexual Offences) Bill 2002

Amendments                                                        Schedule 1




Schedule 1           Amendments                                                         1


                                                                          (Section 3)   2

[1]     Section 73 Carnal knowledge by teacher etc                                      3

        Omit "girl". Insert instead "person".                                           4

[2]     Section 73                                                                      5

        Omit "daughter, or step-daughter".                                              6
        Insert instead "child, or step-child".                                          7

[3]     Section 73 (2)                                                                  8

        Insert at the end of the section:                                               9
              (2)    In this section, carnal knowledge includes sexual connection       10
                     occasioned by the penetration of the anus of a male by the         11
                     penis of any person, or the continuation of that sexual            12
                     connection.                                                        13

[4]     Section 74                                                                      14

        Omit the section. Insert instead:                                               15

        74 Attempts                                                                     16
                     Any person who attempts to commit an offence under                 17
                     section 73 is liable to the penalty provided for the commission    18
                     of the offence.                                                    19

[5]     Section 77 Consent no defence in certain cases                                  20

        Omit "the person charged and the child to whom the charge relates are not       21
        both male and" from section 77 (2).                                             22

[6]     Section 78G Definition of "homosexual intercourse" for s 78J                    23

        Omit "sections 78H­78Q". Insert instead "section 78J".                          24

[7]     Sections 78H, 78I, 78K, 78L, 78N, 78O and 78Q                                   25

        Omit the sections.                                                              26



                                                                               Page 3

 
 
                  Crimes Amendment (Sexual Offences) Bill 2002

Schedule 1        Amendments




[8]      Section 91D Promoting or engaging in acts of child prostitution               1

         Omit "Except where the child and the other person alleged to have             2
         participated in the act of child prostitution are both male, a person" from   3
         section 91D (2).                                                              4
         Insert instead "A person".                                                    5




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