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Ages of consent in Oceania


The ages of consent for sexual activity vary by jurisdiction across Australia, New Zealand and Oceania, ranging from age 15 to age 18. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Close in age exceptions may exist and are noted when relevant. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. In all other places the age of consent is equal, regardless of sexual orientation or gender.

The below is a list of all jurisdictions in Oceania as listed in List of sovereign states and dependent territories in Oceania.

Australia is a federation of States and Territories, with each State and Territory having the primary jurisdiction over age of consent issues within its territory. However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.

Under federal legislation, it is an offence for an Australian citizen, resident or body corporatewhile outside of Australia to have sexual intercourse with a person under the age of 16 or to induce a child under the age of 16 to have sexual intercourse, or be somehow involved in a similar sexual act.

Sex between consenting adults (18 or over) in private, regardless of gender or sexual orientation can not be outlawed under section 4 of the Human Rights (Sexual Conduct) Act 1994.

It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16. However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.

The laws of the Australian Capital Territory apply to the Coral Sea Islands Territory.


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