Criminal Code Act 1995
Section 3
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES Division 270 - Slavery and slavery-like offences
View history note
Hide history noteCausing a person to enter into a forced marriage
(1)
A person (the first person ) commits an offence if:
(a) the first person engages in conduct; and
(b) the conduct causes another person to enter into a forced marriage as the victim of the marriage.
Penalty:
(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 9 years; or
(b) in any other case - imprisonment for 7 years.
Being a party to a forced marriage
(2)
A person commits an offence if:
(a) the person is a party to a marriage (within the meaning of section 270.7A ); and
(b) the marriage is a forced marriage; and
(c) the person is not a victim of the forced marriage.
Penalty:
(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 9 years; or
(b) in any other case - imprisonment for 7 years.
(3)
Strict liability applies to paragraph (2)(c).
Note:
For strict liability, see section 6.1 .
(4)
Subsection (2) does not apply if the person has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) ).
Consent to commence proceedings if defendant under 18
(5)
Proceedings for an offence against subsection (1) or (2) must not be commenced without the consent of the Attorney-General if the defendant was under 18 at the time the defendant allegedly engaged in the conduct constituting the offence.
(6)
However, a person may be arrested for, charged with or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.
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