Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 270.7A(1) of the Criminal Code
Repeal the subsection, substitute:
(1) A marriage is a forced marriage if:
(a) either party to the marriage (the victim ) entered into the marriage without freely and fully consenting:
(i) because of the use of coercion, threat or deception; or
(ii) because the victim was incapable of understanding the nature and effect of the marriage ceremony; or
(b) when the marriage was entered into, either party to the marriage (the victim ) was under 16.
2 Subsection 270.7A(3) of the Criminal Code
Omit "Paragraph (1)(a)", substitute "Subparagraph (1)(a)(i)".
3 Subsection 270.7A(4) of the Criminal Code
Repeal the subsection (including the note).
4 At the end of section 270.7B of the Criminal Code
Add:
Consent to commence proceedings if defendant under 18
(5) Proceedings for an offence against subsection (1) or (2) must not be commenced without the consent of the Attorney-General if the defendant was under 18 at the time the defendant allegedly engaged in the conduct constituting the offence.
(6) However, a person may be arrested for, charged with or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.
5 At the end of subsection 270.8(1) of the Criminal Code
Add:
Note: In the case of a slavery-like offence against section 270.7B involving a marriage that is a forced marriage because the victim was under 16 when the marriage was entered into (see paragraph 270.7A(1)(b)), the offence is also an aggravated offence because of paragraph (a) of this subsection.