Page 1352 - Week 04 - Thursday, 5 May 2022

Schedule of amendments

Amendments moved by Dr Paterson

Clause 4 heading

Page 2, line 9—

omit the heading, substitute

4 New sections 50A to 50C

Clause 4

Proposed new section 50A

Page 2, line 11—

omit proposed new section 50A, substitute

50A Objects—pt 3

An object of this part is to recognise the following in relation to a sexual act:

(a) consent to participate in a sexual act is not to be presumed;

(b) every person has a right to choose not to participate in a sexual act;

(c) a consensual sexual act involves ongoing and mutual communication and decision-making by the people participating in the sexual act.

Clause 4

Proposed new section 50C

Page 3, line 7—

insert

50C Meaning of sexual act—pt 3

(1) In this part:

sexual act—

(a) means—

(i) sexual intercourse; and

(ii) sexual touching; and

(iii) any other act in circumstances where a reasonable person would consider the act to be sexual; but

(b) does not include an act carried out for a proper medical purpose or otherwise authorised by law.

(2) The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include the following:

(a) whether the area of the body involved in the act is a person’s breasts, genital area or anal area;

(b) whether the person carrying out the act does so for the purpose of sexual arousal or sexual gratification;