Section 45A of the Crimes Act 1900 is Removing Person from State for Female Genital Mutilation and is extracted below.
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Section 45A of the Crimes Act 1900 deals with the offence of ‘Removing Person from State for Female Genital Mutilation’ and reads as follows:
45A Removing Person from State for Female Genital Mutilation
(1) A person is guilty of an offence if the person takes another person from the State, or arranges for another person to be taken from the State, with the intention of having female genital mutilation performed on the other person.
Maximum penalty: imprisonment for 21 years.
(2) In proceedings for an offence under subsection (1) and in the absence of proof to the contrary, it is to be presumed that the accused took another person, or arranged for another person to be taken, from the State with the intention of female genital mutilation being performed on the other person if it is proved that:
(a) the accused took the person, or arranged for the person to be taken, from the State, and
(b) female genital mutilation was performed on the person while outside the State.
(3) It is not a defence to a charge under this section that the person taken from the State consented to being so taken.
(4) In this section:
“female genital mutilation” means an act referred to in section 45 (1) (a), the performance of which would be an offence against that section if performed in the State.
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