593Transitional provisions—Crimes (Amendment) Act 2000

593 Transitional provisions—Crimes (Amendment) Act 2000

(1) In this section commencement day means the day on which the Crimes (Amendment) Act 2000 comes into operation.

(2) The amendment of section 38 of this Act made by section 4 of the Crimes (Amendment) Act 2000 applies only to offences alleged to have been committed after the commencement day.

(3) The amendment of section 70 of this Act made by section 6 of the Crimes (Amendment) Act 2000 applies only to offences alleged to have been committed after the commencement day.

(4) For the purposes of subsections (2) and (3), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement day, the offence is alleged to have been committed before the commencement day.

(5) From any time on or after the commencement day a charge or presentment may be filed against a person for an offence against section 45 of this Act, as substituted by section 5 of the Crimes (Amendment) Act 2000, irrespective of whether the offence is alleged to have been committed before, on or after the commencement day provided it is not alleged to have been committed before 5 August 1991.

(6) For the purposes of subsection (5), if an offence is alleged to have been committed between two dates, one before and one on or after 5 August 1991, the offence is alleged to have been committed before 5 August 1991.

(7) Section 359A(1) of this Act, as in force before the commencement day, continues to apply to an alleged offence against section 45 or 46 (as in force before the commencement day) or an attempt to commit any such offence or an assault with intent to commit any such offence for which a person is directed to be tried, or with which a person is charged on indictment or presentment, before the commencement day.

(8) The amendments of section 425(1) of this Act made by section 7 of the Crimes (Amendment) Act 2000 apply to any trial that commences on or after the commencement day and an accused may be found guilty in such a trial of an offence against section 45 of this Act, as substituted by section 5 of the Crimes (Amendment) Act 2000, irrespective of whether the conduct constituting the offence is alleged to have occurred before, on or after the commencement day provided it is not alleged to have occurred before 5 August 1991.

(9) For the purposes of subsection (8)—

(a) a trial commences on arraignment of the accused in accordance with Subdivision (12) of Division 1 of Part III of this Act; and

(b) if conduct constituting an offence is alleged to have occurred between two dates, one before and one on or after 5 August 1991, the conduct is alleged to have occurred before 5 August 1991.