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Legislative Assembly for the ACT: 2001 Week 9 Hansard (22 August) . . Page.. 3227 ..

Schedule 3

Crimes Amendment Bill 2001

Amendments circulated by Ms Tucker

Clause 6

Proposed new subsections (3A) and (3B)

Page 3, line 18

(3A) and (3B)

substitute

(3A) Also it is a defence to a prosecution for an offence against subsection (1) if the defendant proves-

(a) that either-

(i) the defendant believed on reasonable grounds that the young person to whom the suggestion was made was at least 16 years old; or

(ii) at the time the suggestion was made the defendant was not more than 2 years older than the young person to whom the suggestion was made; and

(b) that the young person consented to the suggestion being made.

(3B) And also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves-

(a) that either-

(i) the defendant believed on reasonable grounds that the young person to whom the material was sent or made available was at least 16 years old; or

(ii) at the time the material was sent or made available the defendant was not more than 2 years older than the young person to whom the material was sent or made available; and

(b) that the young person consented to the material being sent or made available.

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