VICIn ForceAct
Criminal Procedure Act 2009
7ATime limits on prosecuting certain former sexual offences removed
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7A Time limits on prosecuting certain former sexual offences removed
(1) Any immunity from prosecution arising because of the time limit imposed by the following repealed provisions on commencing a proceeding for an offence is abolished—
(a) section 47 of the **Crimes Act 1928**;
(b) section 51 of the **Crimes Act 1957**;
(c) section 51 of the **Crimes Act 1958** (repealed by section 5 of the **Crimes (Sexual** **Offences) Act 1980**);
(d) section 48(6) of the **Crimes Act 1958** (inserted by section 5 of the **Crimes (Sexual** **Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**);
(e) section 49(6) of the **Crimes Act 1958** (inserted by section 5 of the **Crimes (Sexual Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**).
S. 7A(2) amended by No. 14/2015 s. 80.
(2) Subsection (1) does not apply to an offence if the conduct constituting it would not constitute an offence under the law of Victoria immediately before the day after the day on which the **Jury Directions Act 2015** receives the Royal Assent.
(3) Without limiting any other defence available to a person charged, because of subsection (1), with an offence of a kind described in column 1 of the Table in this subsection, the person may rely on a defence described in column 2 of that Table in relation to that offence.
**Table**
| *Column 1* | *Column 2* |
| An offence against a child under the age of 16 | A defence that would be available under section 45(4) of the **Crimes Act 1958** if the person were charged with an offence under section 45(1) of that Act |
| An offence against a 16 or 17 year old child | A defence that would be available under section 48(2) of the **Crimes Act 1958** if the person were charged with an offence under section 48(1) of that Act |
S. 7B inserted by No. 38/2022 s. 60.