Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 753

753 Application of ch 58A before and after amendment to particular charges

(1) Chapter 58A, as in force immediately before the commencement, continues to apply in relation to a charge for an offence if an originating step for the proceeding for the charge was taken before the commencement.

(2) Chapter 58A, as amended under the Justice and Other Legislation Amendment Act 2020, applies in relation to a charge for an offence if—

(a) no originating step for the proceeding for the charge was taken before the commencement; and

(b) an originating step for the proceeding for the charge is taken on or after the commencement.

(3) For subsection (2), it does not matter when the offence was committed.

(4) In this section—

"originating step" , for a proceeding, means—

(a) the arrest of the defendant in the proceeding; or

(b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.