Laws designed to encourage enthusiastic consent are set to be voted down by the ACT Legislative Assembly, over concerns they could negate the legal defence of an "honest mistake".

Key points: Greens MLA Caroline Le Couteur moved a bill to redefine consent in the ACT

Greens MLA Caroline Le Couteur moved a bill to redefine consent in the ACT ACT Law Society said the proposed definition was too ambiguous

ACT Law Society said the proposed definition was too ambiguous Committee acknowledged concerns the changes would increase the burden of proof for defendants

Greens MLA Caroline Le Couteur moved the bill in April, which she said would ensure consent was defined by "when it is given", rather than when it is not.

Ms Le Couteur said the changes would provide a "clearer definition of consent as 'yes means yes', rather than simply 'no means no'".

The bill was referred to an Assembly committee amid concerns it would increase the burden on defendants seeking to prove their innocence.

The committee's inquiry attracted a range of submissions, with legal bodies broadly in opposition and community organisations largely supportive of change.

The ACT Law Society argued the proposed definition of consent, as "free and voluntary agreement", was ambiguous.

"The concept lacks legal certainty and could capture conduct that is undeserving of criminal sanction," the society's submission read.

The Director of Public Prosecutions described the laws as "unfortunately misconceived", conflating the concept of consent given by a victim and consent perceived by an alleged perpetrator.

But the Young Women's Christian Association told the committee enshrining positive consent could "build a culture that breaks down destructive gender stereotyping, be ultimately empowering to everyone and combat other non-sexual offences".

Committee asks for more time to consider bill

The committee found the intention of the bill was timely and that the concept of positive consent should be considered by the Assembly.

But it also accepted concerns the change would increase the burden of proof for defendants.

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"This element of the bill requires consideration and redrafting," the report found.

The committee recommended the ACT not consider legislative change until after the presentation of a report on the matter from the NSW Law Reform Commission.