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CRIMES ACT 1900 - SECT 441 Retrospective repeal of limitation period on criminal proceeding for particular sexual

CRIMES ACT 1900 - SECT 441

Retrospective repeal of limitation period on criminal proceeding for particular sexual offences

    (1)     Despite any law previously in force in the Territory that limited the time in which a criminal proceeding could be begun (a limitation law ) for an offence against a repealed sexual offence provision, a criminal proceeding for the offence may be begun as though the limitation law had never been in force.

    (2)     To remove any doubt, any right acquired by a person because of the commencement of the 1951 Act, or the 1976 Ordinance, not to be prosecuted for an offence against a repealed sexual offence provision is abrogated.

    (3)     In this section:

1951 Act means the Crimes Act 1951

(repealed).

Note     The 1951 Act

        (a)     commenced on 14 December 1951 (as the Crimes Ordinance 1951 ) and was repealed on 21 December 2000; and

        (b)     created new offences under the 1951 repealed provisions, and limited the time in which a person could be prosecuted for the offences (see the 1951 Act, s 78).

1951 repealed provision means any of the following provisions of this Act, as in force on the commencement of the 1951 Act:

        (a)     section 71 (Carnally knowing a girl between ten and sixteen);

        (b)     section 72 (Attempts);

        (c)     section 76 (Indecent assault).

1976 Ordinance means the Law Reform (Sexual Behaviour) Ordinance 1976

(repealed).

Note     The 1976 Ordinance

        (a)     commenced on 8 November 1976 and was repealed on 28 November 1985; and

        (b)     created burdens of proof for the prosecution of offences under the 1976 repealed provisions, and limited the time in which a person could be prosecuted for the offences (see the 1976 Ordinance, s 6).

1976 repealed provision means any of the following provisions of this Act, as in force on the commencement of the 1976 Ordinance:

        (a)     section 79 (Buggery and bestiality);

        (b)     section 80 (Attempt, &c., to commit buggery);

        (c)     section 81 (Indecent assault on male).

"repealed sexual offence provision" means—

        (a)     a 1951 repealed provision; or

        (b)     a 1976 repealed provision.