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LEGISLATION ACT 2001 - SECT 84A Creation of offences and changes in penalties

LEGISLATION ACT 2001 - SECT 84A

Creation of offences and changes in penalties

    (1)     If a law makes an act or omission an offence, the act or omission is only an offence if done or not done after the law commences.

    (2)     If a law increases the maximum or minimum penalty, or the penalty, for an offence, the increase applies only to an offence committed after the law commences.

    (3)     If a law reduces the maximum or minimum penalty, or the penalty, for an offence, the reduction applies to an offence committed before or after the law commences, but does not affect any penalty imposed before the law commences.

    (4)     In this section:

"law" means an Act or subordinate law.

Note     A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 8).

    (5)     This section is a determinative provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.