The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age.
Close-in-age exceptions may exist and are noted where applicable.
In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.
Scope: all jurisdictions per list of sovereign states and dependent territories in Oceania.
Australia
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.
Regulations by state State Difference in age exemption applies Age of consent 14 16 – 16 16 17 12 17 12 16 13 16 – 16 10 16
Federal laws Under federal legislation that applies to all Australians, it is an offence for an Australian citizen, resident or body corporateCriminal Code Act 1995 Division 272 — Child sex offences outside Australia. while 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 cannot be outlawed under section 4 of the Human Rights (Sexual Conduct) Act 1994. Arbitrary interferences with privacy.
Australian Capital Territory It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.(2) 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.(3b). It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.). Sexual intercourse with young person under special care.
Coral Sea Islands Territory The laws of the Australian Capital Territory apply to the Coral Sea Islands Territory. (Cth).
New South Wales It is an offence in New South Wales to have sexual intercourse with a person under the age of 16. or attempt such an offence.. It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher, etc.).. There is a close-in-age defence that allows those aged 14 and 15 to consent to sex with those less than two years older. This defence was added as section 80AG as part of the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 No 33.
Norfolk Island It is an offence in Norfolk Island for a person to have sexual intercourse or commit an act of indecency with a person 'under the age of 16'.Despite the abolition of the Norfolk Island Legislative Assembly on 1 July 2015 by the the continues in force pursuant to the Sections 113 and 119 . The Australian Government has proposed to introduce a new offence of sexual intercourse with a young person under special care based on the law in the Australian Capital Territory.
Northern Territory It is an offence in the Northern Territory to have sexual intercourse with a person under the age of 16,Criminal Code Act 2014 . or attempt such an offence. It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).
Queensland The age of consent in Queensland is 16 and there is no close-in-age exception. It is illegal to have carnal knowledge of a person under the age of 16, including all types of sexual activity. Engaging in penile intercourse with child under 16. Legislation in September 2016 lowered and equalised the age of consent for anal sex to 16.. The age may be raised to 18 an adult is a carer or supervisor to a child who is 16 or 17. Sexual acts with a child aged 16 or 17 under one’s care, supervision or authority.
South Australia It is an offence in South Australia to engage in any activity which involves fellatio, cunnilingus or placing any part of the body within the labia majora, vagina or anus of a person under the age of 17 unless they are lawful spouses.(3). The Australian Marriage Act can permit someone who is 18 or over to marry a 16-year-old.. But, it is a defence if the person is 16 at the time of the offence and either the offender is under 17 years of age or believe on reasonable grounds that the other person is 17 or older.(4). It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).(5).
Tasmania It is an offence in Tasmania to have sexual intercourse with a person under the age of 17. s 124 Sexual intercourse with young person. However, it is a defence if the younger person was aged 12 years or older and the offender was not more than 3 years their senior or, if the younger person was of or above 15 years and the offender was not more than 5 years their senior.
Victoria It is an offence in Victoria to sexually penetrate a person under the age of 16.. However, it is a defence if the younger party was aged 12 years or older and the offender was not more than 2 years older than the younger person, or they were married... It is also an offence for a person having the care of a person under the age of 18 (guardian, teacher etc.) to sexually penetrate that person.. A person under the age of 18 is not allowed to engage in commercial sexual services or be on premises used for commercial sexual services.–53K..
Western Australia It is an offence in Western Australia to sexually penetrate a person under the age of 16. & s 321. It is also an offence for a person in a position of authority over a person under the age of 18 to have sex with that person.Criminal Code Act Compilation 1913 (WA, s322)
Clipperton Island (France)
The laws of France where applicable apply. (These specify a general age of consent of 15.)
Cook Islands The age of consent is set at 16 years in Cook Islands, regardless of gender and/or sexual orientation.
Laws passed on decriminalizing homosexuality The new bill that took effect on 1 June 2023, officially decriminalized homosexuality in Cook Islands.
Easter Island (Chile)
Federated States of Micronesia
The states' statutory rape laws apply to children age 13 and below in Yap and Kosrae and age 15 and below in Pohnpei. The age of consent in Chuuk state is 18. The age of consent in Chuuk was raised due to campaigning led by Chuuk Women's Council.
Fiji Under the Crimes Decree of 2009, the age of consent in Fiji is 16, regardless of sexual orientation and/or gender. The relevant article is 215 – defilement of young persons between 13 and 16 years of age.
French Polynesia (France) The laws of France where applicable apply. (These specify a general age of consent of 15.) See Ages of consent in Europe#France.
Juan Fernández Islands (Chile)
Kiribati The age of consent in Kiribati is 15 (sections 133, 134 & 135), but homosexual sex is illegal at all ages (sections 153, 154 & 155). Furthermore, section 132 prohibits taking a girl under 18 out of the care of her parents or guardian for the purpose of sexual intercourse, while section 136 prohibits procuring a girl under 18 for sexual intercourse.
Marcus Island (Japan)
Marcus Island is administratively under the government of Tokyo.
Marshall Islands The age of consent in Marshall Islands is 16. Section 152(A) of the Criminal Code provides that anyone engaging in sexual penetration with a person under 16 is liable to imprisonment for up to 25 years.
Nauru In Nauru it is an offence under the Crimes Act 2016, Division 7.3 to engage in sexual intercourse with a person under the age of 16.RONLAW, Crimes Act 2016 , Division 7.3 — Sexual Acts with Children (Sections 116–127) Consent is not a defence unless the younger party was aged 13 years or older and the offender was not more than 2 years older than the younger person.
New Caledonia (France) New Caledonia has a civil law system based on French law; the 1988 Matignon Accords grant substantial autonomy to the islands.
New Zealand It is an offence in New Zealand to have a sexual connection with a person under the age of 16. It is a defence if due diligence had been undertaken by the defendant to ascertain the victim's age, had reasonable grounds to believe the victim was aged 16 or over and consent was given. Further it is an offence for a person to have a sexual connection with a person under the age of 18 if the defendant is in a guardianship role (parent, stepparent, foster parent, guardian, uncle, aunt or other members of extended family and friends, or other power or authority or responsibility for care or upbringing). The age of consent for girls had earlier been 12 years, and was progressively raised to 16 years in the late 19th century.
The age of consent for prostitution in New Zealand is higher. Although prostitution is legal, under the Prostitution Reform Act 2003 it is illegal to procure or receive sexual services from any person under 18.
New Zealand has had a uniform and equal age of consent of 16, regardless of sexual orientation and/or gender since the passage of the Homosexual Law Reform Act 1986.
Contraceptives in New Zealand are not age-restricted and are available to people under 16. A teen 12 years or older can be prosecuted for a consensual relationship with a teen under 16 (both parties if both are 12 years or older), although this is extremely rare. Even with a complaint, it is still up to police discretion and if the age difference is small it is rarely prosecuted, with family group conferences being the more likely option. There was an attempt to formalise this under law in 2004, however, this was abandoned after a public outcry. Before 2005, there was no law in New Zealand prohibiting any form of sexual relationship between adult women and male minors.
The sexual abuse of boys of any age, including rape, by adult women was fully legal in New Zealand until 2005. This is despite New Zealand having been party to international conventions against the exploitation of children since the 1980s. In 2003, swimming instructor Stacey Margaret Friel, 21, was reported to have had sex with a 13-year-old boy, but faced no charges at the time due to the lack of laws against sexual abuse of boys by women. Since the loophole in the laws was closed there have been a number of cases of women being prosecuted for sexual abuse of young boys, including a woman who gave birth to the child of an 11-year-old boy whom she had allegedly raped.
Tokelau The age of consent is 16. Section 19 of the Crimes, Procedures and Evidence Rules, 2003 (CPER) reads: "1) A person who has carnal knowledge of another — [..] (i) (II) if the victim is under the age of 16 years, whether the victim consented or not [...] commits an offence." Section 21 reads: "(1) A person who indecently assaults another commits an offence. (2) Where the victim is a mental defective or under the age of 16 years it is no defence to a charge under this rule that the person consented to the offence, or that the person charged believed that the person assaulted was sane or not under the age of 16 years as the case may be."
Niue