Text as at 26 April 2026

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49Z Defences to offences against children aged 16 or 17—reasonable belief as to marriage or domestic partnership

(1)It is a defence to a charge for an offence against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time of the conduct constituting the offence—

(a)A reasonably believed that A and B were married to each other and that the marriage was recognised as valid under the Marriage Act 1961 of the Commonwealth; or

(b)A—

(i)was not more than 5 years older than B; and

(ii)reasonably believed that A was B's domestic partner and that the domestic partnership commenced before B came under A's care, supervision or authority.

(2)It is a defence to a charge for an offence against section 49I(1) if, at the time of the conduct constituting the offence—

(a)A reasonably believed that A and C were married to each other and that the marriage was recognised as valid under the Marriage Act 1961 of the Commonwealth; or

(b)A—

(i)was not more than 5 years older than C; and

(ii)reasonably believed that A was C's domestic partner and that the domestic partnership commenced before C came under A's care, supervision or authority.

(3)A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection

(1)(a) or (b)(ii) or (2)(a) or (b)(ii).

1References 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.

2An evidential burden applies to the matters referred to in subsections (1)(b)(i) and (2)(b)(i).