10Prescribed eligible homosexual offences

10 Prescribed eligible homosexual offences

10 Prescribed eligible homosexual offences

(1) For the Act, section 19A, definition of eligible homosexual offence, paragraph (d), the following offences are prescribed—

(a) the former offence under the Crimes Act 1900, section 483(b), committed by a boy, youth or adult, as referred to in that section and that Act, sections 484, 485 and 486,

(b) the former offence under the Government Railways Act 1912, section 133A,

(c) the former offences under the Offences in Public Places Act 1979, sections 5 and 6,

(d) the former offence under the Police Offences Act 1901, section 78,

(e) the former offences under the Summary Offences Act 1970, sections 11 and 12,

(f) the former offences under the Vagrancy Act 1902, sections 4(2)(d) and 8A(a).

(2) However, a former offence referred to in subclause (1) is an eligible homosexual offence only if the offence—

(a) was committed by a person while engaging in a form of sexual activity with another person of the same sex, and

(b) was not witnessed by a person except—

(i) any person engaged in the sexual activity, or

(ii) a police officer.

cl 10: Subst 2024 (136), Sch 1.