(1) This chapter applies if a person has been acquitted of an offence, whether
before, on or after the commencement of this section.
(2) However, this
chapter does not apply if, in relation to a charge of an offence, although a
person was acquitted of the offence as charged, the person was convicted
instead of a lesser offence.
Example—
• in relation to a charge of
the offence of murder, a person was acquitted of murder and convicted instead
of manslaughter
• in relation to a charge of an offence committed with
circumstances of aggravation, a person was acquitted of the offence committed
with circumstances of aggravation and convicted instead of the offence without
any of the circumstances of aggravation
(3) This section extends to a
person acquitted in proceedings outside this State of an offence under the law
of the place where the proceedings were held.
(4) However, this section does
not extend as mentioned in subsection (3) if the law of the place where the
proceedings were held does not permit the person to be retried and the
application of this chapter to the retrial is inconsistent with the
Commonwealth Constitution or a law of the Commonwealth.
