Statutes Amendment (Stealthing and Consent) Bill 2022 (SA)

South Australia Statutes Amendment (Stealthing and Consent) Bill 2022 A Bill For An Act to amend the Criminal Law Consolidation Act 1935, the Criminal Procedure Act 1921 and the Evidence Act 1929.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Criminal Law Consolidation Act 1935 2 Amendment of section 46—Consent to sexual activity Part 3—Amendment of Criminal Procedure Act 1921 3 Amendment of section 124—Expert evidence and evidence of alibi 4 Transitional provision Part 4—Amendment of Evidence Act 1929 5 Amendment of section 34N—Directions relating to consent in certain sexual cases 6 Transitional provision

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Stealthing and Consent) Act 2022.

Part 2—Amendment of Criminal Law Consolidation Act 1935 2—Amendment of section 46—Consent to sexual activity Section 46(3)—after paragraph (g) insert: (ga) the person agrees to engage in the activity because of a misrepresentation (whether express or implied) as to the use of a condom during the activity; or

Part 3—Amendment of Criminal Procedure Act 1921 3—Amendment of section 124—Expert evidence and evidence of alibi Section 124(8)—delete subsection (8) and substitute: (8) The defendant must provide to the prosecution a copy of any report obtained by the defendant from a person proposed to be called to give expert evidence at the trial if— (a) the expert evidence is of a kind referred to in section 34N(2a) of the Evidence Act 1929; or (b) the court has, on application by the prosecution, made an order requiring the defendant to provide a copy of the report to the prosecution. 4—Transitional provision The amendments made by this Part apply to proceedings relating to an offence that are commenced after the commencement of this Part, regardless of when the offence occurred.