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.

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

(b)A—

(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

(b)A—

(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.