ACTS AMENDMENT (LESBIAN AND GAY LAW REFORM) ACT 2002 (NO. 3 OF 2002) - SECT 38

ACTS AMENDMENT (LESBIAN AND GAY LAW REFORM) ACT 2002 (NO. 3 OF 2002) - SECT 38

38 .         Section 321 amended

                Section 321(9) is repealed and the following subsections are inserted instead —

“

        (9)         Subject to subsection (9a) it is a defence to a charge under this section to prove the accused person —

            (a)         believed on reasonable grounds that the child was of or over the age of 16 years; and

            (b)         was not more than 3 years older than the child.

        (9a)         Where the child is under the care, supervision, or authority of the accused person it is immaterial that the accused person —

            (a)         believed on reasonable grounds that the child was of or over the age of 16 years; and

            (b)         was not more than 3 years older than the child.

”.