SOUTH AUSTRALIA

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 33

33—Definitions

        (1)         In this Division—

"child" means a person under 18;

"female genital mutilation" means—

            (a)         clitoridectomy; or

            (b)         excision of any other part of the female genital organs; or

            (c)         a procedure to narrow or close the vaginal opening; or

            (d)         any other mutilation of the female genital organs,

but does not include a sexual reassignment procedure or a medical procedure that has a genuine therapeutic purpose;

"sexual reassignment procedure" means a surgical procedure to give a female, or a person whose sex is ambivalent, genital characteristics, or ostensible genital characteristics, of a male.

        (2)         A medical procedure has a genuine therapeutic purpose only if directed at curing or alleviating a physiological disability or physical abnormality.

33A—Prohibition of female genital mutilation

        (1)         A person who performs female genital mutilation is guilty of an offence.

Penalty: Imprisonment for 7 years.

        (2)         This section applies irrespective of whether the victim, or a parent or guardian of the victim, consents to the mutilation.

33B—Removal of child from State for genital mutilation

        (1)         A person must not take a child from the State, or arrange for a child to be taken from the State, with the intention of having the child subjected to female genital mutilation.

Penalty: Imprisonment for 7 years.

        (2)         In proceedings for an offence against subsection (1), if it is proved that—

            (a)         the defendant took a child, or arranged for a child to be taken from the State; and

            (b)         the child was subjected, while outside the State, to female genital mutilation,

it will be presumed, in the absence of proof to the contrary, that the defendant took the child, or arranged for the child to be taken, from the State (as the case may be) with the intention of having the child subjected to female genital mutilation.