49YExceptions to offences against children aged 16 or 17—marriage or domestic partnership

49Y Exceptions to offences against children aged 16 or 17—marriage or domestic partnership

(1) A does not commit an offence against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time at which the offence is alleged to have been committed—

(a) A and B are married to each other and the marriage is recognised as valid under the Marriage Act 1961 of the Commonwealth; or

(i) is not more than 5 years older than B; and

(ii) is B's domestic partner and the domestic partnership commenced before B came under A's care, supervision or authority.

(2) A does not commit an offence against section 49I(1) if, at the time at which the offence is alleged to have been committed—

(a) A and C are married to each other and the marriage is recognised as valid under the Marriage Act 1961 of the Commonwealth; or

(i) is not more than 5 years older than C; and

(ii) is C's domestic partner and the domestic partnership commenced before C came under A's care, supervision or authority.

References to A, B and C in this section are references to the same A, B and C referred to in sections 49C, 49E, 49G, 49I and 49L.

S. 49Z inserted by No. 47/2016 s. 16.