Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (153 of 2015)

Schedule 4   Forced marriage

Criminal Code Act 1995

3   At the end of section 270.7A of the Criminal Code

Add:

(4) For the purposes of proving an offence against this Division or Division 271, a person under 16 years of age is presumed, unless the contrary is proved, to be incapable of understanding the nature and effect of a marriage ceremony.

Note: A defendant bears a legal burden in relation to proving the contrary (see section 13.4).