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This page contains discussions regarding Age of Consent (AoC) laws in Australia and Pacific Regional Countries/States and is a subpage of Age Of Consent .
AUSTRALIA Australia is a Federation of States and Territories. Australia's Constitution protects and retains certain residual powers for the States and so the Australian Federal Government (the Commonwealth) has constitutional limitations on what issues it can legislate. This means that each State has its own laws regarding AOC. However, it is worth mentioning that a 1997 Federal Government and the United Nations Human Rights Committee ruling caused each State to repeal any differences in homo/heterosexual AOC. This is due to International Affairs being a power of the Commonwealth. Federal Laws (Laws that apply to all Australians) It is an offence for an Australian Citizen, Resident or Body Corporate {s50AD} ''while outside of Australia'' to have sexual intercourse with a child under the age of 16 {s50BA} or to induce a child under 16 to have sexual intercourse {s50BB} , or be somehow involved in a similar sexual act {s50BC} & {s50BD} (Last updated 24th December 2005) Australian Capital Territory (ACT) It is an offence to engage in sexual intercourse with a person under the age of 16 {s55(2)} . However the law in the ACT does permit as a defence if brought to court, an age difference of 2 years for those older than 10 years {s55(3b)} . (Last updated 24th December 2005) New South Wales It is an offence to engage in sexual intercourse with a person under the age of 16 {s66C} or attempt such an offence {s66d} . Further it is an offence to engage in sexual intercourse with a person '''under the age of 18''' if that person is under the care of the offender {s73} (Guardian, teacher and etcetera). (Last updated 24th December 2005) Northern Territory It is an offence to engage in sexual intercourse with a person under the age of 16 {s127} or attempt such an offence {s131} . Further it is an offence to engage in sexual intercourse with a person '''under the age of 18''' if that person is under the care of the offender {s128} (Guardian, teacher and etcetera). (Last updated 24th December 2005) Queensland (Qld.) It is an offence to have carnal knowledge with a person under the age of 16 {s215} . '''Note''' that in Qld. “carnal knowledge” does not include “sodomy”. Sodomy ( Anal Sex ) is not permitted with any person '''under the age of 18''', regardless of gender or what position is taken by which individual {s208} . (Last updated 24th December 2005) South Australia It is an offence to have sexual intercourse with a person under the age of 17 {s49(3)} . However it is a defence if both parties were 16 at the time of the offence {s49(4)} or if both parties are married to one another {s49(8)} . Further it is an offence to engage in sexual intercourse with a person '''under the age of 18''' if that person is under the care of the offender {s49(5)} (Guardian, teacher and etcetera). (Last updated 24th December 2005) Tasmania It is an offence to have sexual intercourse with a person under the age of 17 {s13-124} . However it is a defence if no anal sex occurred and the younger person was of or above 12 years and the older was not more than 3 years their senior or, if no anal sex occurred and the younger person was of or above 15 years and the older was not more than 5 years their senior {s13-124(3)} . (Last updated 24th December 2005) Victoria It is an offence to take part in sexual penetration with a person under the age of 16 {s45(1)} . However it is a defence if the younger party was aged 10 or more years and the older party was not more than 2 years older {s45(4)(b)} . Further it is an offence to take part in sexual penetration with a '''16 or 17''' year old person if that person is under the care of the offender {s48} (Guardian, teacher and etcetera). (Last updated 24th December 2005) Western Australia It is an offence to sexually penetrate a person under the age of 16 {s321} . Further it is an offence to sexually penetrate a person '''under the age of 18''' if that person is under the care of the offender {s322} (Guardian, teacher and etcetera). (Last updated 24th December 2005) COOK ISLANDS It is an offence to have sexual intercourse with a girl under the age of 16 years, under sections 146 and 147 of the Cook Islands Crimes Act (1969) . If the victim consented and is aged 12 years or more, it is a defence if the defendant was younger than the girl, or if he was under 21 years of age and "had reasonable cause to believe, and did believe" that the girl was aged 16 years or older. (These defenses do not apply if consent was gained fraudulently.) There is no minimum age of consent for boys, although sodomy is illegal at any age (under section 155 of the Crimes Act) and it is illegal for men aged 21 years or more to commit indecent acts on boys under 15 years of age (under section 153 of the Crimes Act). Similarly, it is illegal for women aged 21 years or more to commit indecent acts on girls under 15 years of age (under section 152 of the Crimes Act). (Last updated 14 April 2006) FIJI It is an offence to have carnal knowledge of a girl under the age of 16 years, under Sections 155 and 156 of the Penal Code of Fiji (1978) . If the victim is aged 13 years or more, it is a defence if the defendant "had reasonable cause to believe and did in fact believe" that the girl was aged 16 years or older. There is no minimum age of consent for boys, although carnal knowledge "against the order of nature" and acts of "gross indecency" between males (i.e. anal sex) are illegal at any age, under sections 175 and 177 of the Penal Code. (Last updated 14 April 2006) NEW ZEALAND It is an offence to have a sexual connection with a young person under the age of 16 years [http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=197507246&infobase=pal_statutes.nfo&jump=a1961-043%2fs.134&softpage=DOC&wordsaroundhits=6#JUMPDEST_a1961-043/s.134 - NZ Crimes Act (1961) Part 7 Section 134]. It is a defence if due diligence had been undertaken by the defendant to ascertain the victim's age, had reasonable grounds to believe the victim was aged 16 or over and consent was given - NZ Crimes Act (1961) Part 7 Section 134A . Further it is an offence for a person to have a sexual connection with a young person '''under the age of 18''' if the defendant is in a guardianship role (parent, step-parent, foster parent, guardian, uncle, aunt or other members of extended family, Whanau or other power or authority or responcibilty for care or upbringing NZ Crimes Act (1961) Part 7 Sections 131 & 131A Although Age of consent laws in New Zealand (as with most other western countries) are currently severe, consensual relationships between adults and young teens are usually not prosecuted unless the parent or child complain about it. Similarly, although a teen 14 years or older can be prosecuted for a consensual relationship with a teen under 16 (both parties if both are 14 years or older), this is extremely rare. Even with a complaint, it is still up to police discretion and if the age difference is small it is rarely prosecuted, with a family group conferences being the more likely option There was an attempt to formalise this under law in 2004, however this was abandoned after a public outcry [http://www.nzherald.co.nz/section/story.cfm?c_id=1&objectid=3568162 . It is interesting to note that before 2005, there was not a law in New Zealand prohibiting any form of sexual relationship between adult women and male minors [http://www.nzherald.co.nz/section/story.cfm?c_id=1&objectid=3568162]. New Zealand decriminalised prostitution in 2003 with a minimum legal age of 18 - NZ Prostitution Reform Act (2003) Part 2 Sections 20-23 . (Last updated 6nd March 2006) PAPUA NEW GUINEA It is an offence to have unlawful carnal knowledge of a girl under the age of 16 years, under Sections 213 and 216 of the Criminal Code (1974) of Papua New Guinea. If the victim is aged 12 years or more, it is a defence if the defendant "believed, on reasonable grounds" that the girl was aged 16 years or older. It is a crime for any person to indecently deal with a boy '''aged under 14 years''' (under section 211 of the Criminal Code), and boys aged under 17 years are not deemed able to consent to acts by another male that, but for their consent, would be indecent assaults (under section 243 of the Criminal Code). Also having or allowing carnal knowledge "against the order of nature" is illegal at any age, as are acts of "gross indecency" between males, under sections 210 and 212 of the Criminal Code. (Last updated 15 April 2006) SAMOA It is an offence to have sexual intercourse with a girl under the age of 16 years, under sections 51 and 53 of Samoa's Crimes Ordinance (1961) . If the victim consented and is aged 12 years or more, it is a defence if the defendant was younger than the girl, or if he was under 21 years of age and "had reasonable cause to believe, and did believe" that the girl was aged 16 years or older. (These defenses do not apply if consent was gained fraudulently.) There is no minimum age of consent for boys, although sodomy is illegal at any age (under section 58E of the Crimes Ordinance) and it is illegal for men aged 21 years or more to commit indecent acts on boys under 16 years of age (under section 58C of the Crimes Ordinance). Similarly, it is illegal for women aged 21 years or more to commit indecent acts on girls under 16 years of age (under section 58B of the Crimes Ordinance). (Last updated 14 April 2006) TONGA It is an offence to have carnal knowledge of a girl under the age of 12 years, under sections 120 of Tonga's Criminal Offences Act , and it is no defence to believe she consented (section 122). A girl under 16 years of age cannot legally consent to acts that would constitute indecent assault, but for her consent (section 124). Indecent assault on any child under the age of 12 years is an offence, and consent of the victim is no defense (section 125). Sodomy is illegal at any age under section 136 of the Act. (Last updated 15 April 2006) |