464Transitional provisions on the commencement of the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020

464 Transitional provisions on the commencement of the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020

[Section 464 Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020]

(1)  In this section –

commencement day means the day on which the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020 commences;

relevant crime means a crime where the charge for the crime is amended by the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020 .

(2)  For the avoidance of doubt, the amendments to this Act made by the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020  –

(a) are not intended to affect, or amend, the elements of a relevant crime as they exist on the commencement day; and

(b) apply in relation to an offence, whether or not the offence was committed before, on or after the commencement day.

(3)  A charge for a relevant crime is to be amended, to refer to the charge as amended by the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020 , at the next appearance of a person charged with the crime if –

(a) the person was charged in respect of the crime by reference to the charge as in force for that crime before the commencement day; and

(b) on, and after, the commencement day, proceedings in respect of the crime so charged have not been finally determined.

(4)  A reference in any Act to a charge in respect of a relevant crime is taken, on and after the commencement day, to include a reference to the charge –

(a) as in force immediately before the commencement day; and

(b) as in force on and after the commencement day.