Criminal Code Act 1995
Schedule
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The Criminal Code
Division 71
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Offences against United Nations and associated personnel
SECTION 71.15
71.5
Defence
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medical or hygienic procedures
A person is not criminally responsible for an offence against section 71.8 in respect of any sexual penetration carried out in the course of a procedure in good faith for medical or hygienic purposes.
Section 3
CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS[ CCH Note: Subdiv A heading will be inserted by No 5 of 2024, s 3 and Sch 1 item 1, applicable in relation to conduct engaged in on or after 8 September 2024. The heading will read:
]Subdivision A - Definitions
A person is not criminally responsible for an offence against section 71.8 in respect of any sexual penetration carried out in the course of a procedure in good faith for medical or hygienic purposes.
Note:
A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3) .
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