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Criminal Law Consolidation Act 1935
Div 8AChild marriage
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Division 8A—Child marriage
34—Interpretation and application of Division
child means a person under the age of 18 years.
(2) Nothing in this Division is intended to limit the operation of the Marriage Act 1961 of the Commonwealth.
34A—Bringing child into State for marriage
(1) A person must not bring a child into the State, or arrange for a child to be brought into the State, with the intention of causing the child to be married.
(a) the defendant brought a child, or arranged for a child to be brought, into the State; and
(b) the child, while in the State, went through the form or ceremony of marriage,
it will be presumed, in the absence of proof to the contrary, that the defendant brought the child, or arranged for the child to be brought, into the State (as the case may be) with the intention of causing the child to be married.
34B—Removing child from State for marriage
(1) A person must not take a child from the State, or arrange for a child to be taken from the State, with the intention of causing the child to be married.
(a) the defendant took a child, or arranged for a child to be taken, from the State; and
(b) the child, while outside the State, went through the form or ceremony of marriage,
it will be presumed, in the absence of proof to the contrary, that the defendant took the child, or arranged for the child to be taken, from the State (as the case may be) with the intention of causing the child to be married.
34C—Consent no defence
This Division applies irrespective of whether the child concerned, or a parent or guardian of the child, consents to the marriage.