S 50CB repealed by No 42 of 2010, s 3 and Sch 1 item 1, effective 15 April 2010. S 50CB formerly read:
SECTION 50CB Defence based on valid and genuine marriage
It is a defence to a prosecution for an offence against Division
at the time of the sexual intercourse or act of indecency, there existed between the defendant and the person in relation to whom the offence was allegedly committed a marriage that was valid, or recognised as valid, under the law of:
the place where the marriage was solemnised; or
the place where the offence was allegedly committed; or
the place of the defendant
s residence or domicile; and
when it was solemnised, the marriage was genuine.
A defendant bears an evidential burden in relation to the matters in this section (see subsection
S 50CB amended by No 24 of 2001, s 3 and Sch 10 item 72, by inserting the note at the end. For application provisions, see note under s 3BA.