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Legislative Assembly for the ACT: 2004 Week 01 Hansard (Tuesday, 10 February 2004) . . Page.. 165 ..

4

Schedule 2

Amendment 2.15

Page 34, line 10—

omit amendment 2.15, substitute

[2.15] New section 2 

insert

2 Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal  Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1)

• s 18 (Segregated sexes in public baths)

• s 30 (Segregated sexes in public bathing conveniences).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty  units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[2.16] Section 18 

substitute

18 Segregated  sexes in public baths

(1) A person (the bather) commits an offence if—

(a) the bather is at least 6 years old; and

(b) the bather enters a part of any public baths (the segregated area) that is set aside for the exclusive use of members of a sex different from that of the bather; and

(c) a notice is displayed at the entrance to the segregated area indicating that it is so set aside.

Maximum penalty: 1 penalty unit.

(2) Subsection (1) does not apply if the bather enters the segregated area for the purpose of giving assistance to someone else in an emergency.

(3) For this section, if the bather is a transgender or intersex person, the bather is taken to be a member of whichever sex the bather identifies with by living, or seeking to live, as a member of that sex.

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