CRIMINAL CODE 2002 - SECT 8 Delayed application of ch 2 to certain offences
CRIMINAL CODE 2002 - SECT 8
Delayed application of ch 2 to certain offences(1) Despite section 7, the provisions of this chapter (other than the applied provisions) do not apply to a pre-2003 offence unless—
(a) the offence is omitted and remade (with or without changes); or
(b) an Act or subordinate law expressly provides for the provisions to apply to the offence.
(2) To remove any doubt, a power to make subordinate laws for an Act includes power to make subordinate laws applying this chapter to, or displacing the application of subsection (1) to, offences against subordinate laws under that Act.
(3) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.
(4) In this section:
"omitted and remade"—an offence is not omitted and remade if it is amended without being omitted and remade.
pre-2003 offence means an offence in force before 1 January 2003.
(5) This section expires on the application date.