(1)  Any person who has unlawful sexual intercourse with another person who is under the age of 17 years is guilty of a crime.

Charge:  Penetrative sexual abuse of a child [ or young person].

(2)  .  .  .  .  .  .  .  .  

(3)  The consent of a person against whom a crime is alleged to have been committed under this section is a defence to such a charge only where, at the time the crime was alleged to have been committed –

(a) that person was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or

(b) that person was of or above the age of 12 years and the accused person was not more than 3 years older than that person.

(4)  This section is to be taken to be in force from 4 April 1924.

(5)  .  .  .  .  .  .  .  .  

(6)  Nothing in subsection (4) impugns or otherwise affects the lawfulness of a conviction arising from conduct that occurred before the commencement of the Criminal Code Amendment (Sexual Offences) Act 1987 .