sec.353Application of Criminal Code, s 305

### sec.353 Application of Criminal Code, s 305 This section applies for the purpose of applying the Criminal Code, section 305(2), (3) and (4) to a child under section 176(6) of this Act. Section 305, as amended by the amendment Act, section 3, to the extent the amendment Act increases the minimum number of years of imprisonment to be served, applies only if— for section 305(2)(a), at least 1 conviction of murder is for an offence committed after the commencement, even if the other offence or offences were committed before the commencement; or for section 305(2)(b), either the conviction of murder is for, or the other offence of murder taken into account is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or for section 305(2)(c), either the conviction of murder is for, or the other offence of murder for which the person has previously been sentenced is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or for section 305(4), the conviction of murder is for an offence committed after the commencement. For an offence mentioned in subsection (2) as having been committed before the commencement, for which there was a conviction, it does not matter whether the conviction was recorded before or after the commencement. This section applies despite the Acts Interpretation Act 1954 , section 20C(3) and the Criminal Code, section 11. In this section— amendment Act means the Criminal Law Amendment Act 2012 . commencement means the commencement of the amendment Act, section 3. minimum number of years of imprisonment to be served means the minimum number of years of imprisonment a person must serve before the person may be released from imprisonment under an order made under the Criminal Code, section 305 by the court sentencing the person. s 353 ins 2012 No. 19 s 24 (sec.353-ssec.1) This section applies for the purpose of applying the Criminal Code, section 305(2), (3) and (4) to a child under section 176(6) of this Act. (sec.353-ssec.2) Section 305, as amended by the amendment Act, section 3, to the extent the amendment Act increases the minimum number of years of imprisonment to be served, applies only if— for section 305(2)(a), at least 1 conviction of murder is for an offence committed after the commencement, even if the other offence or offences were committed before the commencement; or for section 305(2)(b), either the conviction of murder is for, or the other offence of murder taken into account is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or for section 305(2)(c), either the conviction of murder is for, or the other offence of murder for which the person has previously been sentenced is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or for section 305(4), the conviction of murder is for an offence committed after the commencement. (sec.353-ssec.3) For an offence mentioned in subsection (2) as having been committed before the commencement, for which there was a conviction, it does not matter whether the conviction was recorded before or after the commencement. (sec.353-ssec.4) This section applies despite the Acts Interpretation Act 1954 , section 20C(3) and the Criminal Code, section 11. (sec.353-ssec.5) In this section— amendment Act means the Criminal Law Amendment Act 2012 . commencement means the commencement of the amendment Act, section 3. minimum number of years of imprisonment to be served means the minimum number of years of imprisonment a person must serve before the person may be released from imprisonment under an order made under the Criminal Code, section 305 by the court sentencing the person. - (a) for section 305(2)(a), at least 1 conviction of murder is for an offence committed after the commencement, even if the other offence or offences were committed before the commencement; or - (b) for section 305(2)(b), either the conviction of murder is for, or the other offence of murder taken into account is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or - (c) for section 305(2)(c), either the conviction of murder is for, or the other offence of murder for which the person has previously been sentenced is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or - (d) for section 305(4), the conviction of murder is for an offence committed after the commencement.