Retrospective repeal of limitation period on criminal proceeding for particular sexual offences
441 Retrospective repeal of limitation period on criminal proceeding for particular sexual offences
Despite any law previously in force in the Territory that limited the time in which a criminal proceeding could be begun (a limitation law) for an offence against a repealed sexual offence provision, a criminal proceeding for the offence may be begun as though the limitation law had never been in force.
To remove any doubt, any right acquired by a person because of the commencement of the 1951 Act, or the 1976 Ordinance, not to be prosecuted for an offence against a repealed sexual offence provision is abrogated.
In this section:
1951 Act means the Crimes Act 1951 (repealed).
The 1951 Act—
commenced on 14 December 1951 (as the Crimes Ordinance 1951) and was repealed on 21 December 2000; and
created new offences under the 1951 repealed provisions, and limited the time in which a person could be prosecuted for the offences (see the 1951 Act, s 78).
1951 repealed provision means any of the following provisions of this Act, as in force on the commencement of the 1951 Act:
section 71 (Carnally knowing a girl between ten and sixteen);
section 72 (Attempts);
section 76 (Indecent assault).
1976 Ordinance means the Law Reform (Sexual Behaviour) Ordinance 1976 (repealed).
The 1976 Ordinance—
commenced on 8 November 1976 and was repealed on 28 November 1985; and
created burdens of proof for the prosecution of offences under the 1976 repealed provisions, and limited the time in which a person could be prosecuted for the offences (see the 1976 Ordinance, s 6).
1976 repealed provision means any of the following provisions of this Act, as in force on the commencement of the 1976 Ordinance:
section 79 (Buggery and bestiality);
section 80 (Attempt, &c., to commit buggery);
section 81 (Indecent assault on male).
repealed sexual offence provision means—
a 1951 repealed provision; or
a 1976 repealed provision.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.