Crimes Act (Positive Definition of Consent) Amendment Bill

1. Title

This Act is the Crimes Act (Positive Definition of Consent) Amendment Act 2018.

2. Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3. Principal Act

This Act amends the Crimes Act 1961 (the principal Act).

4. Section 128A amended (Allowing sexual activity does not amount to consent in some circumstances)

• (1) After section 128A(2)(c), insert:

  • (d) reluctancy, caused by fear of social or physical retribution.

• (2) In section 128A(2)(c), replace "." with ";or".

After section 128A(7), insert:

• (7A) A person does consent to sexual activity if their allowance of sexual activity is free, informed, conscious, affirmative and full. The person must act freely and voluntarily, with the freedom and the capacity to make that choice, and have knowledge of the nature of the act or transaction involved.
• (7B) A person does not consent to sexual activity if their consent is not full.

Amend section 128A(9) to read:

(9) For the purposes of this section,—

• full means fully agreeing to all of the sexual activity participated in
• allows includes acquiesces in, submits to, participates in, and undertakes
• sexual activity, in relation to a person, means—
  • (a) sexual connection with the person; or
• (b) the doing on the person of an indecent act that, without the person’s consent, would be an indecent assault of the person.

B.104 - Crimes Act (Positive Definition of Consent) was submitted by the Honourable Minister of Justice /u/hk-laichar (Labour) on behalf of the government.

First reading debate will conclude at 1pm, 12 December 2018.