Page 6074 - Week 18 - Thursday, 12 December 1991

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Question resolved in the affirmative.

Bill agreed to in principle.

Detail Stage

Bill, by leave, taken as a whole

MR COLLAERY (5.38): Mr Speaker, I thank the Attorney for his generous comments, and I thank the officers of the Law Office and the draftsperson of the original Bill who put so much work into a complex situation to give effect to the difficulties that flowed from the decision of the High Court in the Queen v. S. I move:

Page 1, line 8, after clause 2, insert the following new clause:

Insertion

"2A. After section 92E of the Crimes Act the following section is inserted:

Maintaining a sexual relationship with a young person

'92EA. (1) In this section -

"adult" means a person who has attained the age of 18 years;

"sexual act" means an act that constitutes an offence under this Part but does not include an act referred to in subsection 92E(2) or 92K(2) if the person who committed the act establishes the matters referred to in subsection 92E(3) or 92K(3), as the case may be, that would be a defence if the person had been charged with an offence against subsection 92E(2) or 92K(2), as the case may be;

"young person" means a person who is under the age of 16 years.

(2) A person who, being an adult, maintains a sexual relationship with a young person is guilty of an offence.

(3) For the purposes of subsection (2), an adult shall be taken to have maintained a sexual relationship with a young person if the adult has engaged in a sexual act in relation to the young person on 3 or more occasions.

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