Western Australian Numbered Acts Western Australian Numbered Acts Before section 313 the
following section is inserted in Chapter XXIX —
“
306. Female genital mutilation
(1) In this
section —
"child" means a person under the age of 18 years;
"female genital mutilation" means —
(a) the
excision or mutilation of the whole or a part of the clitoris, the labia
minora, the labia majora, or any other part of the female genital organs;
(b)
infibulation or any procedure that involves the sealing or suturing together
of the labia minora or the labia majora; or
(c) any
procedure to narrow or close the vaginal opening,
but does not
include —
(d) a
reassignment procedure within the meaning of the Gender Reassignment
Act 2000 carried out on a person’s genitals by a medical
practitioner within the meaning of the Health Act 1911 ; or
(e) a
medical procedure carried out for proper medical purposes.
(2) A person who
performs female genital mutilation on another person is guilty of a crime and
is liable to imprisonment for 20 years.
(3) It is not a
defence to a charge under subsection (2) that the other person, or a
parent or guardian of the other person, consented to the mutilation.
(4) A person who takes
a child from Western Australia, or arranges for a child to be taken from
Western Australia, with the intention of having the child subjected to
female genital mutilation is guilty of a crime and is liable to imprisonment
for 10 years.
(5) In proceedings for
an offence under subsection (4), proof that —
(a) the
accused person took a child, or arranged for a child to be taken from Western
Australia; and
(b) the
child, while out of Western Australia, was subjected to female
genital mutilation,
is proof, in the
absence of evidence to the contrary, that the accused person took the child,
or arranged for the child to be taken, from Western Australia, as the case may
be, with the intention of having the child subjected to
female genital mutilation.
”.