Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 464

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



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