Page 1353 - Week 04 - Thursday, 5 May 2022

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(c) whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual.

(3) In this section:

object—see section 50 (2).

sexual touching, by a person (the first person) means—

(a) touching another person, including through something, with any part of the first person’s body or with an object in circumstances where a reasonable person would consider the touching to be sexual; and

(b) the continuation of sexual touching as defined in paragraph (a).

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Clause 5

Proposed new section 67 (2)

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omit proposed new section 67 (2), substitute

(2) A person also does not consent to an act with another person (the accused person) only because the person—

(a) does not say or do something to resist the act; or

(b) consented to—

(i) another act with the accused person; or

(ii) the same act with the accused person at a different time or place; or

(iii) the same act with a person other than the accused person; or

(iv) a different act with a person other than the accused person.

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Clause 5

Proposed new section 67 (3)

Page 4, line 23—

omit

a person

substitute

an accused person

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Clause 5

Proposed new section 67 (3)

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omit

subsection (1) (a) to (o), the

substitute

subsection (1) (a) to (o), the accused

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Clause 5

Proposed new section 67 (4)

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omit

A person (the accused person)

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