Laws

HEARD ISLAND AND MCDONALD ISLANDS

(Australian Territory)
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Equal Love
Age of Consent Legislation/Cases/References
1.

Territory

Consensual sex between same-sex couples is lawful at age sixteen (16)

   
Homosexuality, Sodomy Legislation/Cases/References
1.

Territory

Consensual sex between same-sex couples is lawful [R1.1].

Heard Island and McDonald Islands Act 1953

Section 5 Laws of Australian Capital Territory to be in force

(1) Subject to this Act, the laws (other than the criminal laws) in force from time to time in the Australian Capital Territory (including the principles and rules of common law and equity so in force) are, by virtue of this section, so far as applicable to the Territory and not inconsistent with an Ordinance, in force in the Territory as if the Territory formed part of the Australian Capital Territory.

(2) Subject to this Act, the criminal laws in force from time to time in the Jervis Bay Territory are, by virtue of this section (so far as they are applicable to the Territory and are not inconsistent with an Ordinance) in force in the Territory as if the Territory formed part of the Jervis Bay Territory.

(2A) Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, a law in force in the Territory under subsection (1) or (2).

(3) Subsection (1) does not extend to a law in force in the Australian Capital Territory, if that law is an Act or a provision of an Act other than:

(a) section 6 of the Seat of Government Acceptance Act 1909 ; and

(b) sections 3, 4 and 12C of the Seat of Government (Administration) Act 1910 and the Schedule to that Act.

(4) Subsection (2) does not extend to a criminal law in force in the Jervis Bay Territory if that law is an Act or a provision of an Act.

Section 7 Application of Commonwealth Acts

(1) An Act or a provision of an Act (whether passed before or after the commencement of this Act) is not, except as otherwise provided by that Act or by another Act, in force as such in the Territory, unless expressed to extend to the Territory.

(2) An Ordinance shall not be made so as to affect the application of its own force in, or in relation to, the Territory of an Act or a provision of an Act.

R1.1 ComLaw: Heard Island and McDonald Islands Act 1953 (Accessed 18 JUL 11)

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