Crimes (Sentencing Procedure) Act 1999

Section 65B, as inserted by the Crimes Legislation Amendment Act 2003, does not apply to proceedings commenced before the commencement of that section.

For the purposes of this clause, proceedings on indictment following an accused person’s committal for trial for an offence are taken to have commenced when committal proceedings for the offence were first commenced.

Section 65B, as inserted by the Crimes Legislation Amendment Act 2003, extends to offences committed before the commencement of that section and, for that purpose, a prescribed sexual offence is taken to include—

an offence committed before 13 June 2003 under Division 10 or 10A of Part 3 of the Crimes Act 1900, as in force from time to time before that date, being—

an offence committed on a person under the age of 16 years, or

an offence, committed on a person of any age, the elements of which include sexual intercourse (as defined by section 61H of that Act), homosexual intercourse (as defined by section 78G of that Act) or carnal knowledge (as defined by section 62 (2) of that Act), and

an offence committed before 17 March 1991 under section 61B, 61C, 61D, 61E or 61F of the Crimes Act 1900, as in force from time to time before that date, being—

an offence committed on a person under the age of 16 years, or

an offence, committed on a person of any age, the elements of which include sexual intercourse (as defined by section 61A of that Act), and

the offence of rape committed before 14 July 1981 as referred to in section 63 or 65 of the Crimes Act 1900, as in force from time to time before that date.