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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Child Marriage)
Bill 2016
A BILL FOR
An Act to amend the
Children's
Protection Act 1993
and the
Criminal
Law Consolidation Act 1935
.
Contents
Part 2—Amendment of Children's
Protection Act 1993
4Amendment of section
6—Interpretation
5Amendment of section 26B—Protection of
children at risk of genital mutilation
6Insertion of sections 26C and 26D
26CProtection of
children at risk of being removed from State for marriage
Part 3—Amendment of Criminal Law
Consolidation Act 1935
7Amendment of section 5AA—Aggravated
offences
8Insertion of Part 3 Division 8A
34BBringing child
into State for marriage
34CRemoving child
from State for marriage
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Child Marriage)
Act 2016.
This Act will come into operation on the day on which it is assented to by
the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Children's Protection
Act 1993
4—Amendment
of section 6—Interpretation
Section 6(2)—after paragraph (a) insert:
(ab) in the case of a child to whom section 26C applies—the child
has gone through, or is about to go through, the form or ceremony of marriage;
or
5—Amendment
of section 26B—Protection of children at risk of genital
mutilation
Section 26B(2) to (4)—delete subsections (2) to (4)
(inclusive)
6—Insertion
of sections 26C and 26D
After section 26B insert:
26C—Protection of children at risk of being removed
from State for marriage
(1) If the Court is
satisfied that there are reasonable grounds to suspect that a child to whom this
section applies may be at risk of removal from the State for marriage, the Court
may make orders for the protection of the child.
Examples—
The Court might for example make an order—
(a) preventing a person from taking the child from the State; or
(b) requiring that the child's passport be held by the Court for a period
specified in the order or until further order.
(2) In proceedings under
subsection (1)
, the Court must assume that it is in the child's best interests to resist
pressure of racial, ethnic, religious, cultural or family origin that might lead
to removal of the child from the State for marriage.
(3) This section does not apply to a child of 16 or over in relation to
whom an order is in force under section 12 of the Marriage Act 1961
of the Commonwealth.
(4) In this section—
child means a person under 18 years of age.
26D—Procedural matters
(1) An application for an order under this Division may be made by a
police officer or by the Chief Executive.
(2) The Court may make an order on an application under this Division
without giving a person who is to be bound by the Court's order notice of the
proceedings or an opportunity to be heard in the proceedings.
(3) However, in that case the Court must allow the person against whom the
order is made a reasonable opportunity to appear before the Court to show why
the order should be varied or revoked.
Part 3—Amendment
of Criminal Law Consolidation
Act 1935
7—Amendment
of section 5AA—Aggravated offences
Section 5AA(1)(e)(i)—after "Part 3" insert:
Division 8A or
8—Insertion
of Part 3 Division 8A
After Part 3 Division 8 insert:
Division 8A—Child marriage
34—Interpretation
In this Division, unless the contrary intention appears—
child means a person under the age of 18 years.
34A—Application of Division
This Division does not apply to a child of 16 or over in relation to whom
an order is in force under section 12 of the Marriage Act 1961 of the
Commonwealth.
34B—Bringing child into State for
marriage
(1) A person must
not bring a child to whom this Division applies into the State, or arrange for
such a child to be brought into the State, with the intention of causing the
child to be married.
Maximum penalty:
(a) for a basic offence—imprisonment for 15 years;
(b) for an aggravated offence—imprisonment for 19 years.
(2) In proceedings for an offence against
subsection (1)
, if it is proved that—
(a) the defendant brought a child, or arranged for a child to be brought,
into the State; and
(b) the child, while in the State, went through the form or ceremony of
marriage,
it will be presumed, in the absence of proof to the contrary, that the
defendant brought the child, or arranged for the child brought, into the State
(as the case may be) with the intention of causing the child to be
married.
34C—Removing child from State for
marriage
(1) A person must
not take a child to whom this Division applies from the State, or arrange for
such a child to be taken from the State, with the intention of causing the child
to be married.
Maximum penalty:
(a) for a basic offence—imprisonment for 15 years;
(b) for an aggravated offence—imprisonment for 19 years.
(2) In proceedings for an offence against
subsection (1)
, if it is proved that—
(a) the defendant took a child, or arranged for a child to be taken, from
the State; and
(b) the child, while outside the State, went through the form or ceremony
of marriage,
it will be presumed, in the absence of proof to the contrary, that the
defendant took the child, or arranged for the child to be taken, from the State
(as the case may be) with the intention of causing the child to be
married.
34D—Consent no defence
This Division applies irrespective of whether the child concerned, or a
parent or guardian of the child, consents to the marriage.