Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 745

745 Application of former s 215

(1) Former section 215 is taken always to have applied as if the limitation provision of the section were not, and had never been, in force.

(2) To remove any doubt, it is declared that any immunity from prosecution acquired because of the limitation provision of former section 215 is abolished.

(3) However, subsections (1) and (2) do not apply in relation to the limitation provision of former section 215 to the extent it applied, from time to time before the commencement of the 1976 amendment, to a prosecution for an offence in relation to a girl of 16 years.

(4) In this section—

"1976 amendment" means the Criminal Code Amendment Act 1976, section 19.

"1989 amendment" means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 14.

"former section 215" means section 215 as in force from time to time before the commencement of the 1989 amendment.

"limitation provision" , of former section 215, means the provision of former section 215 that limited the period within which a prosecution for either of the offences firstly defined in the section must be begun.