54C Abolition of common law offence of wilful exposure
The offence of wilful exposure at common law is abolished.
Pt 1 Div. 1 Subdiv. (8G) (Heading and s. 62) inserted by No. 9509 s. 5.
(8G) Abrogation of obsolete rules of law
S. 62 inserted by No. 9509 s. 5.
62 Abrogation of obsolete rules of law
(1) The rule of law whereby a male person under the age of fourteen years is conclusively presumed to be impotent is hereby abrogated.
S. 62(2) substituted by No. 10233 s. 10, amended by No. 74/2014 s. 7(6).
(2) The existence of a marriage does not constitute, or raise any presumption of, consent by a person to an act of sexual penetration with another person or to touching that is sexual (with or without aggravating circumstances) by another person.
S. 62(3) repealed by No. 8/1991 s. 6(c), new s. 62(3) inserted by No. 74/2014 s. 7(7), amended by No. 47/2016 s. 17.
(3) A reference in this section to sexual penetration means sexual penetration as defined by section 35A.
(9) Child stealing
No. 6103 s. 63.
63 Child stealing
S. 63(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 30(a)), 48/1997
s. 60(1)(Sch. 1 item 39(a)).
(1) Whosoever unlawfully either by force or fraud leads or takes away or decoys or entices away or detains any child under the age of sixteen years, with intent to deprive any parent or guardian or any other person having the lawful care or charge of such child of the possession of such child or with intent to steal any article upon or about the person of such child; and whosoever with any such intent receives or harbors any such child knowing the same to have been by force or fraud led taken decoyed enticed away or detained, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).
No person who has claimed any right to the possession of such child, or is the mother or has claimed to be the father of an illegitimate child, shall be liable to be prosecuted under this or the next succeeding subsection on account of the getting possession of such child or taking such child out of the possession of any person having the lawful care or charge thereof.
S. 63(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 30(b)), 48/1997
s. 60(1)(Sch. 1 item 39(b)).
(2) Whosoever unlawfully takes decoys or entices away any child under the age of sixteen years out of the possession and against the will of the child's parent or guardian or of any other person having the lawful care or charge of the child shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).
Pt 1 Div. 1 Subdiv. (9A) (Heading and s. 63A) inserted by No. 6731 s. 2(2).
(9A) Kidnapping
S. 63A inserted by No. 6731 s. 2(2), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 30A), 48/1997
s. 60(1)(Sch. 1 item 40).
63A Kidnapping
Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Note to s. 63A inserted by No. 65/2016 s. 20(18).
An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
(10) Bigamy
No. 6103 s. 64.
S. 64 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 32), 48/1997
s. 60(1)(Sch. 1 item 41).
64 Bigamy
Whosoever being married goes through the form or ceremony of marriage with any other person during the life of her or his husband or wife, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Nothing in this section contained shall extend to any person going through the form or ceremony of marriage as aforesaid whose husband or wife has been continually absent from such person for the space of seven years then last past and has not been known by such person to be living within that time; or shall extend to any person who at the time of her or his going through such form or ceremony of marriage has been divorced from the bond of the marriage; or to any person whose marriage at such time has been declared void by the sentence of any court of competent jurisdiction.
(11) Attempts to procure abortion
No. 6103 s. 65.
S. 65 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
s. 60(1)(Sch. 1 item 42), substituted by No. 58/2008 s. 11.
65 Abortion performed by unqualified person
(1) A person who is not a qualified person must not perform an abortion on another person.
(2) A woman who consents to, or assists in, the performance of an abortion on herself is not guilty of an offence against this section.
(3) For the purposes of this section—
(a) a registered medical practitioner is a qualified person; and
(b) a registered pharmacist or registered nurse is a qualified person only for the purpose of performing an abortion by administering or supplying a drug or drugs in accordance with the Abortion Law Reform Act 2008.
abortion has the same meaning as in the Abortion Law Reform Act 2008;
perform an abortion includes supply or procure the supply of any drug or other substance knowing that it is intended to be used to cause an abortion;
S. 65(4) def. of registered medical practitioner substituted by No. 13/2010 s. 51(Sch. item 17.2).
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 65(4) def. of registered nurse substituted by No. 13/2010 s. 51(Sch. item 17.2).
registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse or as a midwife (other than as a student);
S. 65(4) def. of registered pharmacist substituted by No. 13/2010 s. 51(Sch. item 17.2).
registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
woman means a female person of any age.
No. 6103 s. 66.
S. 66 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 34), 48/1997
s. 60(1)(Sch. 1 item 43), substituted by No. 58/2008 s. 11.
66 Abortion—Abolition of common law offences
Any rule of common law that creates an offence in relation to procuring a woman's miscarriage is abolished.