An offence under a repealed provision of the Crimes Act 1900 (NSW) that was punishable by 'penal servitude' is, by operation of s 580F(3), to be treated as punishable by 'imprisonment' for the purposes of determining whether it is a 'serious indictable offence' under s 4(1), including for the purposes of s 316(1). This applies where the repealed provision is preserved by s 30 of the Interpretation Act 1987 (NSW). Section 316 does not operate retrospectively; it imposes liability by reference to future non-disclosure, and the predicate offence may predate the section's enactment.
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