Section 80AF of the Crimes Act 1900 (NSW) is procedural in character and applies to criminal proceedings that were already pending when it came into force on 1 December 2018, because it does not affect existing rights or obligations, does not make past acts criminal, and does not create or alter a criminal offence. Where an indictment alleges an offence under s 78K during a date range that extends beyond the complainant's 16th birthday, the prosecution is statute-barred under s 78T(1) for the period after the complainant turned 16, and the proviso cannot cure this defect. The question of whether acquiescence by defence counsel in an indictment amendment can waive a retrospectivity objection was left open.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.