The amended s 66EA(1) of the Crimes Act 1900 (NSW) is a new offence to which s 19 of the Crimes (Sentencing Procedure) Act 1999 (NSW) has no application, meaning the maximum penalty of life imprisonment applies even where the unlawful sexual acts were committed before 1 December 2018. However, s 66EA(8) requires the sentencing court to take into account the maximum penalties for the underlying sexual acts at the time they were committed. The decision was by majority only (2-1), with Hamill J dissenting on the basis that s 19 preserved the 25-year maximum.
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