Know the law
Age of Consent in Australia: What the Law Says in Each State
The age rules, what counts as consent and what to do when you are unsure.
The age of consent is 16 in New South Wales, Victoria, Queensland, Western Australia, the ACT and the Northern Territory, and 17 in South Australia and Tasmania. Consent must be freely and voluntarily given, and in most states and territories it must be communicated. This guide is general information, not legal advice.
State by state
The age of consent in each state and territory
| State or territory | Age | Where the rule sits |
|---|---|---|
| New South Wales | 16 | Crimes Act 1900 s 66C |
| Victoria | 16 | Crimes Act 1958 s 49B |
| Queensland | 16 | Criminal Code s 215 |
| Western Australia | 16 | Criminal Code s 321 |
| South Australia | 17 | Legal Services Commission Law Handbook (2023) |
| Tasmania | 17 | Criminal Code Act 1924 s 124 |
| ACT | 16 | Crimes Act 1900 s 55 |
| Northern Territory | 16 | Criminal Code Act 1983 s 208J |
Several states and territories also have narrow defences for teenagers close in age, and stricter rules where an adult has authority over a young person, such as a teacher or carer. In Western Australia and South Australia the line is 18 in that case, and Victoria, Tasmania and the Northern Territory have their own offences for it. These rules are detailed, so ask a lawyer or a legal aid service about a real situation. Local Sex Meets is for adults aged 18 and over only.
What counts
What counts as consent
Agreement that is freely given, and in most places, shown.
Criminal law across Australia treats consent as agreement given freely and voluntarily. Not saying no, or not fighting back, is not consent. Victoria, Queensland and the ACT say so in their law, Western Australia says it of physical resistance, the Northern Territory has a jury direction to the same effect, and the NSW Government says the same.
New South Wales, Victoria, Queensland, Tasmania and the ACT go further. Consent has to be communicated by words or actions, and Victoria and Queensland add that a belief in consent is not reasonable if the person never checked. The sources we read for South Australia, Western Australia and the Northern Territory show no such rule.
- Consent can be withdrawn at any time, and each act needs its own agreement, says the NSW Government.
- Victoria, Queensland, South Australia, Tasmania, the ACT and the Northern Territory list someone asleep, unconscious or too affected by alcohol or another drug to agree as not consenting, and the NSW Government says the same. Western Australia’s Code has no such list.
Stealthing
Condoms and consent: where stealthing is covered
Stealthing means removing a condom, or not using one, after agreeing to sex with one. Most jurisdictions now name it.
- Victoria: s 36AA of the Crimes Act 1958, from 30 July 2023.
- Queensland: s 348AA of the Criminal Code, from 23 September 2024, which the Queensland Government calls explicit.
- New South Wales: inside the consent rules that began on 1 June 2022, according to law-firm commentary.
- South Australia: a misrepresentation about condom use is a ground for no consent, from March 2023, according to law-firm commentary.
- Tasmania: s 2A(2A) of the Criminal Code covers a condom the other person said must be used.
- ACT and Northern Territory: s 67 of the Crimes Act 1900 in the ACT, and s 208GA of the Criminal Code, which has applied in the Northern Territory since 25 March 2024.
We found no express condom provision in Western Australia’s Criminal Code as compiled on 1 May 2026. Wording and penalties differ everywhere, so ask a lawyer about a real case.
Photos and videos
Sharing and sending images
Every state and territory has offences for sharing an intimate image of someone without their consent, though the exact elements differ. For the basic offence the maximum is 3 years in prison in Victoria, Queensland, Western Australia, the ACT and the Northern Territory, 2 years in South Australia and 12 months in Tasmania, and some cases carry more, such as images of a young person in the ACT and South Australia. New South Wales has its own offences in ss 91P to 91R of the Crimes Act 1900. The eSafety Commissioner also runs a scheme under the Online Safety Act 2021: you can report an image to eSafety, which can issue removal notices to online services, to the person who posted it and to hosting providers.
Under 18: a sexual image of anyone under 18 can be child abuse material under the Commonwealth Criminal Code, whatever the person in it says. Never ask for, send or keep one.
In practice
If you are not sure
Ask, then wait
Ask plainly and listen for a clear answer. Silence, a shrug or going quiet is not a yes.
Check as you go
Agreeing to one thing is not agreeing to the next, and either of you can change your mind at any point.
Stop at the first doubt
If someone is drunk, asleep or upset, stop and talk another day. The meeting for sex safely guide has a plan for the night.
Get advice
For a legal question, contact a lawyer or the legal aid service in your state. In danger now, call 000. Lifeline is on 13 11 14. For health after a meet, see STI testing.
Age of consent and consent law: your questions
What is the age of consent in Australia?
It is 16 in New South Wales, Victoria, Queensland, Western Australia, the ACT and the Northern Territory, and 17 in South Australia and Tasmania. Narrow defences exist for teenagers close in age, and the line rises to 18 in some states where an adult has authority over a young person.
Does consent have to be spoken?
Not in words alone. In New South Wales, Victoria, Queensland, Tasmania and the ACT consent has to be communicated by words or actions, and the Queensland Government says clear body language can do it. If you are unsure, ask.
Can you take back consent?
Yes. The NSW Government says consent can be withdrawn at any time, and Victoria’s Crimes Act lists withdrawn consent as a situation where there is no consent. Saying yes once does not commit anyone to what comes next.
Is stealthing illegal in Australia?
Victoria, Queensland, South Australia, Tasmania, the ACT and the Northern Territory have express condom provisions, and law-firm commentary says New South Wales handles it inside its consent rules. We found none in Western Australia’s Criminal Code as compiled on 1 May 2026. Ask a lawyer about a real case.
Is it illegal to share someone’s intimate photo?
Yes. Every state and territory has offences for it. For the basic offence the maximums are 3 years in most, 2 years in South Australia and 12 months in Tasmania, and some cases carry more. You can also report an image to the eSafety Commissioner, which can have it removed from online services.
Sources and dates
General information as at 18 October 2026, not legal advice. Check the current law or ask a legal service before relying on it.
- NSW Government consent pages (2022 and 2024), the Judicial Commission of NSW (reviewed March 2025), a Legal Aid NSW summary of the 2017 intimate images Act (older source) and law-firm commentary on the Crimes Act 1900.
- Crimes Act 1958 (Vic), version as at 30 September 2026, and Victoria Legal Aid (April 2026).
- Criminal Code (Qld) as at 1 June 2026, and the Queensland Government (September 2025).
- Criminal Code (WA) compiled 1 May 2026, and Legal Aid WA (February 2026).
- Criminal Law Consolidation Act 1935 (SA), through the Legal Services Commission Law Handbook (2023 and October 2026).
- Criminal Code Act 1924 (Tas): s 2A from the authorised version of 19 January 2026, s 124 from the authorised version of 13 December 2024.
- Crimes Act 1900 (ACT), republication effective 23 February 2026.
- Criminal Code Act 1983 (NT) as in force 12 October 2026.
- Online Safety Act 2021, Part 6; the Criminal Code (Cth) as summarised on the Legal Services Commission Law Handbook’s sexting page (older source); Summary Offences Act 1953 (SA) s 26C; Police Offences Act 1935 (Tas) s 13B.
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