Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Crimes (Female Genital Mutilation) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Insertion of new definitions 2
4. Insertion of new sections 32 to 34A 3
32. Offence to perform female genital mutilation 3
33. Offence to take a person from the State with the
intention of having prohibited female genital mutilation
performed 4
34. Consent not a defence to a charge under sections
32 or 33 4
34A. Exceptions to offences under section 32 5
NOTES 6
i
531086B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
A BILL
to amend the Crimes Act 1958 to make provision with respect to
female genital mutilation and for other purposes.
Crimes (Female Genital Mutilation) Act
1996
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Crimes
Act 1958 to make provision with respect to the
practice of female genital mutilation.
2. Commencement
5
This Act comes into operation on the day on
which it receives the Royal Assent.
1
531086B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Crimes (Female Genital Mutilation) Act 1996
s. 3
Act No.
3. Insertion of new definitions
In section 15 of the Crimes Act 1958 insert the
following definitions--
' "child" means any person under the age of 18
years;
5
"female genital mutilation" means all or any of
the following--
(a) infibulation;
(b) the excision or mutilation of the whole
or a part of the clitoris;
10
(c) the excision or mutilation of the whole
or a part of the labia minora or labia
majora;
(d) any procedure to narrow or close the
vaginal opening;
15
(e) the sealing or suturing together of the
labia minora or labia majora;
(f) the removal of the clitoral hood;
"medical practitioner" means--
(a) a registered medical practitioner; or
20
(b) in relation to the performance of female
genital mutilation outside Victoria, a
person who, in the place in which the
female genital mutilation took place,
holds an authority to practise medicine
25
which is similar to that of a registered
medical practitioner;
"midwife" means--
(a) a registered midwife; or
(b) in relation to the performance of female
30
genital mutilation outside Victoria, a
person who, in the place in which the
2
531086B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Crimes (Female Genital Mutilation) Act 1996
s. 4 Act No.
female genital mutilation took place,
holds an authority to practise midwifery
which is similar to that of registered
midwife;
"prohibited female genital mutilation" means
5
female genital mutilation the performance of
which would be an offence under this Act if
carried out in the State;
"registered medical practitioner" has the same
meaning as in the Medical Practice Act
10
1994;
"registered midwife" means a person who is
registered under Part 2 of the Nurses Act
1993 in Division 1 of the Register
established under that Act and who has
15
completed a course in midwifery approved
by the Nurses Board of Victoria, established
under that Act;'.
4. Insertion of new sections 32 to 34A
After section 31 of the Crimes Act 1958 insert--
20
"32. Offence to perform female genital
mutilation
(1) A person must not perform female genital
mutilation on a child.
Penalty: Level 4 imprisonment.
25
(2) A person must not perform on a person other
than a child any type of female genital
mutilation referred to in paragraphs (a) to (e)
of the definition of female genital mutilation.
Penalty: Level 4 imprisonment.
30
3
531086B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Crimes (Female Genital Mutilation) Act 1996
s. 4
Act No.
33. Offence to take a person from the State with
the intention of having prohibited female
genital mutilation performed
(1) A person must not take another person from
the State, or arrange for another person to be
5
taken from the State, with the intention of
having prohibited female genital mutilation
performed on the other person.
Penalty: Level 4 imprisonment.
(2) In proceedings for an offence under
10
sub-section (1), proof that--
(a) the defendant took the person, or
arranged for the person to be taken
from the State; and
(b) the person was subjected, while outside
15
the State, to prohibited female genital
mutilation--
is, in the absence of proof to the contrary,
proof that the defendant took the person or
arranged for the person to be taken from the
20
State with the intention of having prohibited
female genital mutilation performed on the
person.
34. Consent not a defence to a charge under
sections 32 or 33
25
It is not a defence to a charge brought under
section 32 or 33 to prove that the person on
whom the act which is the subject of the
charge was performed, or the parents or
guardian of that person, consented to the
30
performance of that act.
4
531086B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Crimes (Female Genital Mutilation) Act 1996
s. 4 Act No.
34A. Exceptions to offences under section 32
(1) It is not an offence against section 32 if the
performance of the female genital mutilation
is by a surgical operation which is--
(a) necessary for the health of the person
5
on whom it is performed and which is
performed by a medical practitioner; or
(b) is performed on a person in labour or
who has just given birth, and for
medical purposes or the relief of
10
physical symptoms connected with that
labour or birth, and which is performed
by a medical practitioner or a midwife;
or
(c) is a sexual reassignment procedure
15
which is performed by a medical
practitioner.
(2) For the purposes of sub-section (1)(a), in
determining whether an operation is
necessary for the health of a person, the only
20
matters to be taken into account are those
relevant to the medical welfare or the relief
of physical symptoms of the person.
(3) The burden of proving that the performance
of the female genital mutilation did not occur
25
in any of the circumstances set out in
sub-section (1) lies with the prosecution.".
5
531086B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Crimes (Female Genital Mutilation) Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
6
531086B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
[Index] [Search] [Download] [Related Items] [Help]