Where a penal statute creating a circumstance of aggravation is repealed and replaced by legislation with different elements, s 20(2)(d) of the Acts Interpretation Act 1954 (Qld) preserves the penalty incurred under the repealed Act, and s 11(2) of the Criminal Code (Qld) does not operate to reduce the punishment to nil. Section 11(2) may prevail over s 20(2) only where the replacement laws provide for punishment for the same 'acts or omissions' with a reduced penalty. The interaction between Part 9D cooperation provisions (s 161S) and mandatory sentencing (s 161R) may produce anomalous results that require legislative attention.
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