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It said an uncle and his maternal niece committing incest is not on that same level and, if there was no violence involved, the length of the sentence should reflect it.
It is illegal for a male to have sexual intercourse with his granddaughter, mother, daughter, sister, or half-sister; and for a female over sixteen years of age with her grandfather, father, son, brother, or half-brother.
Legality of incest
Sibling marriage and avunculate marriage is prohibited, while cousin marriage is legal.
Violators may be imprisoned for up to 5 years.
Description: Subject to this overriding federal law, incest continues in the statute books as a crime in every Australian jurisdiction ,  but definitions and penalties vary.