Western Australia

Law Reform (Decriminalization of Sodomy) Act 1989

Reprinted as at 8 December 2000

Reprinted under the Reprints Act 1984 as at 8 December 2000

Western Australia

Law Reform (Decriminalization of Sodomy) Act 1989

CONTENTS

1.Short title1

2.Commencement2

Part 1 — Amendments to The Criminal Code

3.The Code

4.Section 6 amended

5.Section 181 repealed and a section substituted

6.Section 183 repealed

7.Section 184 repealed and a section substituted

8.Section 185 repealed and a section substituted

9.Section 186 repealed and a section substituted

10.Section 187 repealed and a section substituted

11.Section 189 repealed and a section substituted

12.Section 191 amended

13.Section 192 amended

14.Section 193 amended

15.Section 194 amended

16.Section 196 repealed and a section substituted

17.Section 202 repealed and a section substituted

18.Section 203 amended

19.Section 205 repealed and a section substituted

20.Section 596 repealed and a section substituted

21.Section 596A repealed and a section substituted

22.Section 596AD repealed

Part 2 — Proselytising unlawful

23.Encouragement of homosexual behaviour not public policy nor a public purpose4

24.Teaching that promotes homosexuality unlawful4

Notes

Reprinted under the Reprints Act 1984 as at 8 December 2000

Western Australia

Law Reform (Decriminalization of Sodomy) Act 1989

An Act to amend The Criminal Code and to make certain acts unlawful.

WHEREAS, the Parliament does not believe that sexual acts between consenting adults in private ought to be regulated by the criminal law;

AND WHEREAS, the Parliament disapproves of sexual relations between persons of the same sex;

AND WHEREAS, the Parliament disapproves of the promotion or encouragement of homosexual behaviour;

AND WHEREAS, the Parliament does not by its action in removing any criminal penalty for sexual acts in private between persons of the same sex wish to create a change in community attitude to homosexual behaviour;

AND WHEREAS, in particular the Parliament disapproves of persons with care supervision or authority over young persons urging them to adopt homosexuality as a lifestyle and disapproves of instrumentalities of the State so doing:

Be it therefore enacted by the Parliament of Western Australia.

1.Short title

This Act may be cited as the Law Reform (Decriminalization of Sodomy) Act 1989 1.

2.Commencement

The provisions of this Act shall come into operation on such day as is fixed by proclamation 1.

Part 1 — Amendments to The Criminal Code

[3-22.Omitted under the Reprints Act 1984 s.7(4)(e).]

Part 2 — Proselytising unlawful

23.Encouragement of homosexual behaviour not public policy nor a public purpose

It shall be contrary to public policy to encourage or promote homosexual behaviour and the encouragement or promotion of homosexual behaviour shall not be capable of being a public purpose.

24.Teaching that promotes homosexuality unlawful

It shall be unlawful to promote or encourage homosexual behaviour as part of the teaching in any primary or secondary educational institution.

Notes

1This is a reprint as at 8 December 2000 of the Law Reform (Decriminalization of Sodomy) Act 1989. The following Table contains information about that Act.

Table of Acts

Short title	Number and year	Assent	Commencement	Miscellaneous
Law Reform (Decriminalization of Sodomy) Act 1989	32 of 1989	19 December 1989	Proclaimed 23 March 1990 (see section 2 and Gazette 23 March 1990 p.1469)

By Authority: JOHN A. STRIJK, Government Printer