Text as at 26 April 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

49V Defence to offence against a child under 16— similarity in age

It is a defence to a charge for an offence against section 49B(1) if, at the time of the conduct constituting the offence—
S. 49V inserted by No. 47/2016 s. 16.
(a)A was not more than 2 years older than B; and
(b)B was 12 years of age or more; and
(c)B consented to the sexual penetration.
References to A and B in this section are references to the same A and B referred to in section 49B.