Crimes Amendment Act 2005

Part 1 Amendments to principal Act

3 Interpretation

(1)

Section 2(1) of the principal Act is amended by inserting, in their appropriate alphabetical order, the following definitions:

for a material benefit, in relation to doing a thing, means—

(a)

after having obtained a material benefit for doing the thing; or

(b)

intending to obtain a material benefit for doing the thing

genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male. female, or of indeterminate sex)

sexual connection means—

(a)

connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—

(i)

a part of the body of another person; or

(ii)

an object held or manipulated by another person; or

(b)

connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or

(c)

the continuation of connection of a kind described in paragraph (a) or paragraph (b)

(2)

Section 2 of the principal Act is amended by inserting, after subsection (1), the following subsections:

(1A)

For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection.

(1B)

For the purposes of this Act, one person does an indecent act on another person whether he or she—

(a)

does an indecent act with or on the other person; or

(b)

induces or permits the other person to do an indecent act with or on him or her.

(3)

Section 98B of the principal Act is consequentially amended by repealing the definition of for a material benefit.