sec.281Continued application of former s 131A

### sec.281 Continued application of former s 131A Former section 131A continues to apply to a person charged with an offence under that section as if the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 had not commenced. Subsections (3) and (4) apply if— immediately before the commencement, a proceeding could have been started for an offence against former section 131A; and on the commencement, the proceeding has not been started. The proceeding may be started and continued under former section 131A, as if the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 had not commenced. However, despite former section 131A(2), the proceeding may be heard and decided without a Crown Law Officer’s written consent. In this section— former section 131A means section 131A as in force before the commencement. s 281 ins 2023 No. 26 s 8 (sec.281-ssec.1) Former section 131A continues to apply to a person charged with an offence under that section as if the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 had not commenced. (sec.281-ssec.2) Subsections (3) and (4) apply if— immediately before the commencement, a proceeding could have been started for an offence against former section 131A; and on the commencement, the proceeding has not been started. (sec.281-ssec.3) The proceeding may be started and continued under former section 131A, as if the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 had not commenced. (sec.281-ssec.4) However, despite former section 131A(2), the proceeding may be heard and decided without a Crown Law Officer’s written consent. (sec.281-ssec.5) In this section— former section 131A means section 131A as in force before the commencement. - (a) immediately before the commencement, a proceeding could have been started for an offence against former section 131A; and - (b) on the commencement, the proceeding has not been started.