Criminal Code Act 1995

Div 270 heading substituted by No 34 of 2018, s 3 and Sch 6 item 5, applicable in relation to conduct engaged in on or after 23 May 2018. The heading formerly read:

Division 270 - Slavery and slavery like conditions

Div 270 heading substituted by No 6 of 2013, s 3 and Sch 1 item 7, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013. The heading formerly read:

Division 270 - Slavery, sexual servitude and deceptive recruiting

Subdiv C heading substituted by No 34 of 2018, s 3 and Sch 6 item 8, applicable in relation to conduct engaged in on or after 23 May 2018. The heading formerly read:

Subdivision C - Slavery like conditions

Subdiv C heading inserted by No 6 of 2013, s 3 and Sch 1 item 12, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013.

S 270.7A(1) substituted by No 72 of 2019, s 3 and Sch 5 item 1, effective 21 September 2019. S 270.7A(1) formerly read:

(1)
A marriage is a forced marriage if one party to the marriage (the victim ) entered into the marriage without freely and fully consenting:

(a) because of the use of coercion, threat or deception; or

(b) because the party was incapable of understanding the nature and effect of the marriage ceremony.

S 270.7A(1) substituted by No 153 of 2015, s 3 and Sch 4 item 1, effective 27 November 2015. S 270.7A(1) formerly read:

(1)
For the purposes of this Division, a marriage is a forced marriage if, because of the use of coercion, threat or deception, one party to the marriage (the victim ) entered into the marriage without freely and fully consenting.

S 270.7A(3) amended by No 72 of 2019, s 3 and Sch 5 item 2, by substituting " Subparagraph (1)(a)(i) " for " Paragraph (1)(a) " , effective 21 September 2019.

S 270.7A(3) amended by No 153 of 2015, s 3 and Sch 4 item 2, by substituting " Paragraph (1)(a) " for " Subsection (1) " , effective 27 November 2015.

S 270.7A(4) repealed by No 72 of 2019, s 3 and Sch 5 item 3, effective 21 September 2019. S 270.7A(4) formerly read:

(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).

S 270.7A(4) inserted by No 153 of 2015, s 3 and Sch 4 item 3, effective 27 November 2015.

S 270.7A inserted by No 6 of 2013, s 3 and Sch 1 item 12, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013.