S 50CB repealed by No 42 of 2010, s 3 and Sch 1 item 1, effective 15 April 2010. S 50CB formerly read:
SECTION 50CB Defence based on valid and genuine marriage
50CB
It is a defence to a prosecution for an offence against Division
2
that:
(a)
at the time of the sexual intercourse or act of indecency, there existed between the defendant and the person in relation to whom the offence was allegedly committed a marriage that was valid, or recognised as valid, under the law of:
(i)
the place where the marriage was solemnised; or
(ii)
the place where the offence was allegedly committed; or
(iii)
the place of the defendant
'
s residence or domicile; and
(b)
when it was solemnised, the marriage was genuine.
Note:
A defendant bears an evidential burden in relation to the matters in this section (see subsection
13.3(3)
of the
Criminal Code
).
S 50CB amended by No 24 of 2001, s 3 and Sch 10 item 72, by inserting the note at the end. For application provisions, see note under s 3BA.
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