Criminal Code Act 1899

Chapter 72Transitional provision for Act No. 18 of 1999sch 1 pt 9 ch 72 hdg prev ch 72 hdg ins 1999 No. 18 s 4om 1999 No. 66 s 6 schpres ch 72 hdg ins 1999 No. 66 s 6 schsch 1 pt 9 ch 72 pt 1 hdg ins 1999 No. 18 s 4om 1999 No. 66 s 6 schsch 1 pt 9 ch 72 pt 2 hdg ins 1999 No. 18 s 5om 1999 No. 66 s 6 sch709Transitional provision for Act No. 18 of 1999On a charge of unlawful stalking committed after the commencement of the Criminal Code (Stalking) Amendment Act 1999 (the commencement), evidence of an act described in section 359B(c) done before the commencement may be admitted for the purpose of deciding whether an act done after the commencement constituted unlawful stalking.sch 1 pt 9 ch 72 s 709 ins 1999 No. 18 s 5amd 1999 No. 66 s 6 sch Chapter 73Transitional provision for Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999sch 1 pt 9 ch 73 hdg ins 1999 No. 66 s 16710Transitional provision for Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999

This section applies if, after the commencement of the Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999, section 11—

a charge of an offence against section 339(1) is before the Supreme or District Court; and

the person charged with the offence informs the court that he or she does not want to be tried by jury; and

the prosecutor agrees to the charge being dealt with summarily.

The court may order that—

the matter be remitted to a court of summary jurisdiction for the charge to be dealt with summarily; and

the court registrar send the relevant court record to the registrar of the relevant court of summary jurisdiction.

The court may not make an order under subsection (2) if satisfied that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.sch 1 pt 9 ch 73 s 710 ins 1999 No. 66 s 16 Chapter 74Transitional provision for Criminal Law Amendment Act 2000sch 1 pt 9 ch 74 hdg ins 2000 No. 43 s 35711Transitional provision for Criminal Law Amendment Act 2000

In relation to an indictment mentioned in section 578(1), (1A) or (4) charging a person with an offence that was committed before the commencement of this section, the reference in those provisions to section 352 is a reference to section 337 as in force at any time before the commencement of this section.

In relation to an indictment presented before the commencement of this section, the person charged in the indictment may be convicted of an offence because of section 578 only if the person could have been convicted of the offence because of section 578 as in force immediately before the commencement of this section.sch 1 pt 9 ch 74 s 711 ins 2000 No. 43 s 35 Chapter 75Transitional provision for Criminal Law Amendment Act 2002sch 1 pt 9 ch 75 hdg ins 2002 No. 23 s 33712Transitional provision for Criminal Law Amendment Act 2002Section 568(6) to (8), as in force at any time before the commencement of this section, continues to apply in relation to an indictment under section 568(6) presented before the commencement of this section as if the Criminal Law Amendment Act 2002, section 29 had not been enacted.sch 1 pt 9 ch 75 s 712 ins 2002 No. 23 s 33 Chapter 76Transitional provision for Sexual Offences (Protection of Children) Amendment Act 2003sch 1 pt 9 ch 76 hdg ins 2003 No. 3 s 19713Transitional provision for Sexual Offences (Protection of Children) Amendment Act 2003—unlawful sexual relationshipOn a charge of an offence as defined in section 229B, evidence of an unlawful sexual act or acts done before the commencement of this section may be admitted for the purpose of deciding whether unlawful sexual acts done after the commencement of this section establish the existence of an unlawful sexual relationship.sch 1 pt 9 ch 76 s 713 ins 2003 No. 3 s 19 Chapter 77Validation provision for Criminal Proceeds Confiscation Act 2002sch 1 pt 9 ch 77 hdg ins 2002 No. 68 s 310714Validation provision for Criminal Proceeds Confiscation Act 2002—presentation of indictment

This section applies to an indictment presented before the commencement of this section by a person, appointed or employed in, or engaged by, the Office of the Director of Public Prosecutions, who was not authorised under an Act to present the indictment.

The indictment is taken to have been presented by the director of public prosecutions.

Any proceedings taken, or other thing done, in relation to the indictment is taken to be as valid as if the proceedings were taken, or other thing done, in relation to an indictment presented by the director of public prosecutions.sch 1 pt 9 ch 77 s 714 ins 2002 No. 68 s 310 Chapter 78Transitional provision for Evidence (Protection of Children) Amendment Act 2003sch 1 pt 9 ch 78 hdg ins 2003 No. 55 s 33715Transitional provision for disclosure by the prosecutionChapter 62, chapter division 3 applies to the following types of relevant proceeding, even if the offence concerned was committed before the commencement of this section—

a relevant proceeding started in relation to an offence if the charge against the accused person for the offence was brought after the commencement of this section;

a relevant proceeding in relation to an indictment presented after the commencement of this section;

a relevant proceeding that is a new trial ordered by the court if the order is made after the commencement of this section.

sch 1 pt 9 ch 78 s 715 ins 2003 No. 55 s 33 Chapter 79Transitional provision for Defamation Act 2005sch 1 pt 9 ch 79 hdg ins 2005 No. 55 s 48 sch 4716Defence of truth of defamatory matter still to be specially pleadedSection 599, as in force at any time before the commencement of this section, continues to apply in relation to a person charged with the unlawful publication of defamatory matter under the Defamation Act 1889 as if the Defamation Act 2005, schedule 4, amendments of the Criminal Code, item 2 had not been enacted.sch 1 pt 9 ch 79 s 716 ins 2005 No. 55 s 48 sch 4 Chapter 80Transitional provision for Criminal Code Amendment Act 2006sch 1 pt 9 ch 80 hdg ins 2006 No. 30 s 5717Effect of repeal of ss 56, 57 and 58

After the commencement of the Criminal Code Amendment Act 2006, a person can not be charged with, prosecuted for or further prosecuted for, or convicted of, an offence against section 56, 57 or 58 or punished for doing or omitting to do an act that constituted that offence.

However, subsection (1) does not prevent a person being punished by the Legislative Assembly for contempt of the Legislative Assembly as defined under the Parliament of Queensland Act 2001.sch 1 pt 9 ch 80 s 717 ins 2006 No. 30 s 5 Chapter 81Transitional provision for Justice and Other Legislation Amendment Act 2007sch 1 pt 9 ch 81 hdg ins 2007 No. 37 s 44718Appointment of animal valuersA person appointed as an animal valuer under section 450F, as in force immediately before the commencement of this section, continues to hold the appointment after the commencement, as if the appointment had been made by the chief executive.sch 1 pt 9 ch 81 s 718 ins 2007 No. 37 s 44 Chapter 82Transitional provision for Criminal Code and Other Acts Amendment Act 2008sch 1 pt 9 ch 82 hdg ins 2008 No. 55 s 120719References to particular offences

The following provisions apply as if a reference to section 208 included a reference to section 209 as in force at any time before its repeal by the amending Act—

• section 229B(10), definitions offence of a sexual nature and prescribed age

• section 578(1), (1A) and (4)

• section 636(1), definition prescribed offence.

Section 568(2) applies as if it included a reference to an indictment against a trustee to whom the Trust Accounts Act 1973 applies for an offence under section 436 as in force at any time before its repeal by the amending Act.

Section 641(1) applies as if it included a reference to a trustee within the meaning of the Trust Accounts Act 1973 charged with an offence under section 436 as in force at any time before its repeal by the amending Act and, for that purpose, section 641(2), as in force immediately before the commencement of this section, continues to apply.

Section 644A applies as if the reference to section 101 included a reference to section 103 as in force at any time before its repeal by the amending Act.

In this section—amending Act means the Criminal Code and Other Acts Amendment Act 2008.sch 1 pt 9 ch 82 s 719 ins 2008 No. 55 s 120amd 2010 No. 2 s 89 sch 1 Chapter 83Transitional provision for Criminal Code and Jury and Another Act Amendment Act 2008sch 1 pt 9 ch 83 hdg ins 2008 No. 50 s 6720Trial by judge alone

Chapter 62, chapter division 9A applies in relation to a trial begun after the commencement whether the offence was committed before or after the commencement.

For subsection (1), the trial has begun when the jury panel attends before the court.

In this section—commencement means the commencement of the Criminal Code and Jury and Another Act Amendment Act 2008, part 2.sch 1 pt 9 ch 83 s 720 ins 2008 No. 50 s 6 Chapter 84Transitional provision for Justice and Other Legislation Amendment Act 2008, part 8sch 1 pt 9 ch 84 hdg ins 2008 No. 59 s 30721Notices to witnesses

This section applies if, before the commencement of this section, a witness is given a notice to witness in relation to the trial of a person.

Sections 559, 590AA, 593A and 597A, as in force immediately before the commencement of this section, continue to have effect in relation to the notice to witness until—

the trial of the person is concluded; or

the court otherwise directs; or

3 years after the commencement of this section;

whichever happens first.sch 1 pt 9 ch 84 s 721 ins 2008 No. 59 s 30 Chapter 85Transitional provision for the Criminal Code (Medical Treatment) Amendment Act 2009sch 1 pt 9 ch 85 hdg ins 2009 No. 33 s 4722Retrospective application of amendment

This Code as amended by the Criminal Code (Medical Treatment) Amendment Act 2009, section 3 applies to proceedings for an offence—

started but not finished before 19 August 2009; or

started after 19 August 2009, whether the act or omission constituting the offence happened before or after 19 August 2009.

Subsection (1) does not apply to proceedings for an appeal against a conviction or sentence that happened before 19 August 2009.sch 1 pt 9 ch 85 s 722 ins 2009 No. 33 s 4 Chapter 86Transitional provisions for Criminal Code (Abusive Domestic Relationship Defence and Another Matter) Amendment Act 2010sch 1 pt 9 ch 86 hdg ins 2010 No. 1 s 5723Retrospective application of amendment

This Code, as amended by the Criminal Code (Abusive Domestic Relationship Defence and Another Matter) Amendment Act 2010, section 3, applies to proceedings for an offence—

started but not finished before the commencement; or

started after the commencement, whether the act or omission constituting the offence happened before or after the commencement.

Subsection (1) does not apply to proceedings for an appeal from a conviction or sentence that happened before the commencement.

In this section—commencement means the commencement of the Criminal Code (Abusive Domestic Relationship Defence and Another Matter) Amendment Act 2010, section 3.sch 1 pt 9 ch 86 s 723 ins 2010 No. 1 s 5 Chapter 87Transitional provision for members of QR Groupsch 1 pt 9 ch 87 hdg ins 2010 No. 19 s 24724Employees of members of QR Group taken to be persons employed in public service during interim period

During the interim period, the chief executive officer of QR Limited and persons employed by a member of QR Group are taken to be persons employed in the public service.

In this section—change of ownership means the beginning of the day notified by the Treasurer by gazette notice for this chapter.commencement means the commencement of this chapter.interim period means the period from the commencement to the change of ownership.member of QR Group means QR Limited or a related body corporate of QR Limited.QR Limited means QR Limited ACN 124 649 967.related body corporate has the meaning given in the Corporations Act.Treasurer means the Minister who administers the Financial Accountability Act 2009.sch 1 pt 9 ch 87 s 724 ins 2010 No. 19 s 24 Chapter 88Transitional provisions for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010sch 1 pt 9 ch 88 hdg (prev ch 87 hdg) ins 2010 No. 26 s 38renum 2010 No. 42 s 23

725Definitions for ch 88In this chapter—amending Act means the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010.originating step, for a proceeding, means—

the arrest of the defendant in the proceeding; or

the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.

sch 1 pt 9 ch 88 s 725 (prev s 724) ins 2010 No. 26 s 38renum 2010 No. 42 s 23

amd 2010 No. 42 s 23

726New disclosure provisions apply only to prosecutions commenced after commencement

Chapter 62, chapter divisions 2, 3, 4 and 4A, as amended or inserted by the amending Act, apply to a proceeding for an offence only if an originating step for the proceeding is taken on or after the commencement of this section.

For subsection (1), it does not matter when the offence was committed.sch 1 pt 9 ch 88 s 726 (prev s 725) ins 2010 No. 26 s 38renum 2010 No. 42 s 23

727New summary disposition provisions apply only to prosecutions commenced after commencement

Chapter 58A, as amended by the amending Act, applies in relation to a charge for an offence only if an originating step for the proceeding for the charge is taken on or after the commencement of this section.

For subsection (1), it does not matter when the offence was committed.

Subsection (4) applies if—

an originating step for a proceeding for a charge for an old offence is taken against a person on or after the commencement of this section in relation to circumstances that happened before the repeal of the provision providing for the old offence; and

the proceeding for the old offence is not prevented under section 11(1).

The issue of whether the charge for the old offence must be heard and decided summarily must, to the greatest practicable extent, be decided according to whether a charge for the new offence could be, or would be required to be, heard and decided summarily.

In this section—new offence means the offence that, for the purposes of section 11(1), is the offence under the law in force at the time when the person is charged with the old offence.old offence means an offence against a provision of this Code that was repealed at any time before the commencement of this section.sch 1 pt 9 ch 88 s 727 (prev s 726) ins 2010 No. 26 s 38renum 2010 No. 42 s 23 (1) Chapter 89Transitional provision for Criminal Code and Other Legislation Amendment Act 2011sch 1 pt 9 ch 89 hdg ins 2011 No. 7 s 11728Application of amendment Act

This Code, as amended by the amendment Act, sections 4 and 6, applies to proceedings for an offence started after the commencement of the sections, whether the act or omission constituting the offence happened before or after the commencement of the sections.

Subsection (1) does not apply to proceedings for an appeal from a conviction or sentence that happened before the commencement of the amendment Act, sections 4 and 6.

This Code, as amended by the amendment Act, sections 5, 7 and 8, applies to proceedings for an offence only if the act or omission constituting the offence happened after the commencement of the sections.

In this section—amendment Act means the Criminal Code and Other Legislation Amendment Act 2011.sch 1 pt 9 ch 89 s 728 ins 2011 No. 7 s 11 Chapter 90Transitional provision for Criminal Law Amendment Act 2012sch 1 pt 9 ch 90 hdg ins 2012 No. 19 s 5729Application of amendment Act

Section 305, as amended by the amendment Act, section 3, to the extent the amendment Act increases the minimum number of years of imprisonment to be served, applies only if—

for section 305(2)(a), at least 1 conviction of murder is for an offence committed after the commencement, even if the other offence or offences were committed before the commencement; or

for section 305(2)(b), either the conviction of murder is for, or the other offence of murder taken into account is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or

for section 305(2)(c), either the conviction of murder is for, or the other offence of murder for which the person has previously been sentenced is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or

for section 305(4), the conviction of murder is for an offence committed after the commencement.

For an offence mentioned in subsection (1) as having been committed before the commencement, for which there was a conviction, it does not matter whether the conviction was recorded before or after the commencement.

This section applies despite section 11 and the Acts Interpretation Act 1954, section 20C(3).

In this section—amendment Act means the Criminal Law Amendment Act 2012.commencement means the commencement of the amendment Act, section 3.minimum number of years of imprisonment to be served means the minimum number of years of imprisonment a person must serve before the person may be released from imprisonment under an order made under section 305 by the court sentencing the person.sch 1 pt 9 ch 90 s 729 ins 2012 No. 19 s 5 Chapter 91Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013sch 1 pt 9 ch 91 hdg ins 2013 No. 14 s 27730Indictments for offencesThis Code, as amended by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013, section 26, applies to an indictment against a person for an offence against section 228A, 228B, 228C or 228D whether the act or omission constituting the offence happened before, on or after the commencement of this section.sch 1 pt 9 ch 91 s 730 ins 2013 No. 14 s 27 Chapter 92Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013sch 1 pt 9 ch 92 hdg ins 2013 No. 64 s 50731Application of amended s 597CSection 597C as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 applies to the arraignment of an accused person in a proceeding for an offence, whether the proceeding was started before, on or after the commencement of this section.sch 1 pt 9 ch 92 s 731 ins 2013 No. 64 s 50 Chapter 93Transitional provision for Criminal Code and Another Act (Stock) Amendment Act 2014sch 1 pt 9 ch 93 hdg ins 2014 No. 13 s 18732Tendering, return or disposal of stock

If an undertaking under former section 450E was given for an animal before the commencement, the section continues to apply to the animal as if the amendment Act had not been enacted.

If an undertaking under former section 450G was given for an animal before the commencement, the section continues to apply to the animal as if the amendment Act had not been enacted.

The prescribed provisions apply to an animal seized before the commencement, other than an animal for which an undertaking mentioned in subsection (1) or (2) was given before the commencement.

In this section—amendment Act means the Criminal Code and Another Act (Stock) Amendment Act 2014.animal see section 450D.commencement means the commencement of this section.former, in relation to a provision, means the provision as in force before the commencement.prescribed provisions means the following—

chapter 44A, chapter division 1;

sections 450E(1)(b) and 450EA;

chapter 44A, chapter division 3;

sections 450EI and 450EJ.

sch 1 pt 9 ch 93 s 732 ins 2014 No. 13 s 18 Chapter 94Transitional provisions for Criminal Law Amendment Act 2014sch 1 pt 9 ch 94 hdg ins 2014 No. 39 s 36733Extended application of ch 68Chapter 68 applies to a person acquitted of an offence—

whether the person has been acquitted of the offence before, on or after the commencement of—

chapter 68 on 25 October 2007; or

the Criminal Law Amendment Act 2014, section 35; and

whether the circumstances supporting an order for a retrial of the person arose before, on or after the commencement of a provision mentioned in paragraph (a)(i) or (ii).

sch 1 pt 9 ch 94 s 733 ins 2014 No. 39 s 36734Application of s 564Section 564(2A) applies to the sentencing of an offender for an offence whether the proceeding for the offence was started before, on or after the commencement of this section.sch 1 pt 9 ch 94 s 734 ins 2014 No. 39 s 36 Chapter 95Transitional provision for Health and Other Legislation Amendment Act 2016sch 1 pt 9 ch 95 hdg ins 2016 No. 50 s 12735References to particular offences

An amended provision applies as if a reference to section 215 in the amended provision included a reference to—

the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016; and

the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008.

The definition prescribed offence in section 636(1) applies as if it included a reference to an offence defined in a provision mentioned in subsection (1)(a) or (b).

In this section—amended provision means any of the following provisions as in force on or after the commencement—

section 229B(10), definition offence of a sexual nature;

section 578(1) and (4).

sch 1 pt 9 ch 95 s 735 ins 2016 No. 50 s 12 Chapter 96Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016sch 1 pt 9 ch 96 hdg ins 2016 No. 62 s 139736Review of consorting provisions

The Minister must, as soon as practicable after the day that is 5 years after the commencement of the consorting provisions, appoint a retired judge (the reviewer) to—

review the operation of the consorting provisions; and

prepare, and give the Minister, a written report on the outcome of the review.

The terms of reference for the review are the terms decided by the Minister.

Without limiting subsection (2), the terms of reference for the review must state the following matters—

the object of the review is for the reviewer to decide whether the consorting provisions have been effective in disrupting serious and organised crime;

if the reviewer decides the consorting provisions have not been effective in disrupting serious and organised crime, the reviewer must recommend any amendments of the provisions the reviewer considers necessary to improve the effectiveness of the provisions;

in conducting the review, the reviewer must consider whether any demographic has been disproportionately or adversely affected by the consorting provisions.Examples of a demographic—Aboriginal people, Torres Strait Islanders, homeless people, drug dependent people

The Minister must, within 14 sitting days after receiving the reviewer’s report for the review, table a copy of the report in the Legislative Assembly.

In this section—consorting provisions means—

part 2, chapter 9A; and

the following provisions of the Police Powers and Responsibilities Act 2000—

• section 30(i)

• section 32(2)(b)

• section 41(p)

• section 41A

• section 43B

• chapter 2, part 6A

• section 60(3)(k).

retired judge means—

a retired Supreme Court judge; or

a retired District Court judge.

sch 1 pt 9 ch 96 s 736 ins 2016 No. 62 s 139737Regulation made by the Serious and Organised Crime Legislation Amendment Act 2016

This section applies to the regulation made by the Serious and Organised Crime Legislation Amendment Act 2016, section 494 and schedule 2.

The regulation is subordinate legislation.

The Statutory Instruments Act 1992, part 6 does not apply to the regulation.sch 1 pt 9 ch 96 s 737 ins 2016 No. 62 s 139738Offences against ss 60A and 60B charged before repeal

This section applies if—

a person was charged with an offence against section 60A or 60B before the section was repealed; and

at the time of the repeal, the proceeding for the offence had not been finally decided.

The proceeding for the offence may be continued, and the person may be punished for the offence, as if the section had not been repealed.

To remove any doubt, it is declared that section 11 does not limit subsection (2).sch 1 pt 9 ch 96 s 738 ins 2016 No. 62 s 146 Chapter 97Transitional provision for Criminal Law Amendment Act 2017sch 1 pt 9 ch 97 hdg ins 2017 No. 6 s 12739Application of amendment Act

This Code, as amended by the amendment Act, section 10, applies to a proceeding for an offence only if the offence was committed after the commencement of that section.

In this section—amendment Act means the Criminal Law Amendment Act 2017.sch 1 pt 9 ch 97 s 739 ins 2017 No. 6 s 12 Chapter 98Transitional provision for Victims of Crime Assistance and Other Legislation Amendment Act 2017sch 1 pt 9 ch 98 hdg ins 2017 No. 8 s 5740Protected counselling communications

Section 590APA applies to a proceeding for an offence only if an originating step for the proceeding is taken on or after the commencement, whether the act or omission constituting the offence happened before or after the commencement.

In this section—originating step, for a proceeding, means—

the arrest of the defendant in the proceeding; or

the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.

sch 1 pt 9 ch 98 s 740 ins 2017 No. 8 s 5 Chapter 99Transitional provision for Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Act 2017sch 1 pt 9 ch 99 hdg ins 2017 No. 41 s 6741Application of s 552HA court may impose the penalty mentioned in section 552H(1)(a) for an offence committed before the commencement.sch 1 pt 9 ch 99 s 741 ins 2017 No. 41 s 6 Chapter 100Transitional provision for Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Act 2019sch 1 pt 9 ch 100 hdg ins 2019 No. 1 s 10742Application of s 229AASection 229AA applies to an offender convicted of an offence against section 227A(1) or (2) or 227B(1) after the commencement, even if the offence was committed, or the offender was charged with the offence, before the commencement.sch 1 pt 9 ch 100 s 742 ins 2019 No. 1 s 10 Chapter 101Transitional provision for Police Powers and Responsibilities and Other Legislation Amendment Act 2020sch 1 pt 9 ch 101 hdg ins 2020 No. 7 s 14743Saving of former s 205A

Former section 205A continues to apply, as if part 4 of the amending Act had not commenced, in relation to an offence against the section committed before the commencement.

In this section—amending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2020.former section 205A means section 205A as in force from time to time before it was amended by part 4 of the amending Act.sch 1 pt 9 ch 101 s 743 ins 2020 No. 7 s 14 Chapter 102Transitional and declaratory provisions for Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020sch 1 pt 9 ch 102 hdg ins 2020 No. 32 s 21Chapter division 1Provisions commencing on day after assentsch 1 pt 9 ch 102 ch div 1 hdg ins 2020 No. 32 s 21744Application of repealed s 212

Repealed section 212 is taken always to have applied as if the limitation provision of the section were not, and had never been, in force.

To remove any doubt, it is declared that any immunity from prosecution acquired because of the limitation provision of repealed section 212 is abolished.

In this section—1989 amendment means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 13.limitation provision, of repealed section 212, means the provision of repealed section 212 that limited the period within which a prosecution for either of the offences defined in the section must be begun.repealed section 212 means section 212 as in force from time to time before the commencement of the 1989 amendment.sch 1 pt 9 ch 102 ch div 1 s 744 ins 2020 No. 32 s 21745Application of former s 215

Former section 215 is taken always to have applied as if the limitation provision of the section were not, and had never been, in force.

To remove any doubt, it is declared that any immunity from prosecution acquired because of the limitation provision of former section 215 is abolished.

However, subsections (1) and (2) do not apply in relation to the limitation provision of former section 215 to the extent it applied, from time to time before the commencement of the 1976 amendment, to a prosecution for an offence in relation to a girl of 16 years.

In this section—1976 amendment means the Criminal Code Amendment Act 1976, section 19.1989 amendment means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 14.former section 215 means section 215 as in force from time to time before the commencement of the 1989 amendment.limitation provision, of former section 215, means the provision of former section 215 that limited the period within which a prosecution for either of the offences firstly defined in the section must be begun.sch 1 pt 9 ch 102 ch div 1 s 745 ins 2020 No. 32 s 21746Application of s 229B to acts done before 3 July 1989

Section 229B as in force on the commencement of this section applies, and is taken always to have applied, in relation to acts done before the commencement of the 1989 amendment.

For applying section 229B under subsection (1), the section applies, and is taken always to have applied, as if—

the maximum penalty under section 229B(1) were—

if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 14 years or more—life imprisonment; or

if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 5 years or more but less than 14 years—14 years imprisonment; or

otherwise—7 years imprisonment; and

the reference in section 229B(10), definition offence of a sexual nature to an offence defined in section 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 352 included a reference to an offence—

defined in a provision of this Code as in force from time to time before the commencement of the 1989 amendment; and

constituted by an act that would, if committed on the commencement of this section, constitute an offence defined in a section mentioned in that definition.

Subsection (1) does not apply in relation to an act done before the commencement of the 1989 amendment if, before the commencement of this section, the act was the subject of a charge of an offence, whether or not the charge was finally dealt with.

In this section—1989 amendment means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 23.sch 1 pt 9 ch 102 ch div 1 s 746 ins 2020 No. 32 s 21747Application of s 229B during period 3 July 1989 to 30 April 2003

Section 229B as in force on the commencement of this section applies, and is taken always to have applied, during the following periods—

the period starting on the commencement of the 1989 amendment and ending immediately before the commencement of the 1997 amendment;

the period starting on the commencement of the 1997 amendment and ending immediately before the commencement of the 2003 amendment.

For applying section 229B under subsection (1)(a), the section applies, and is taken always to have applied, as if—

the maximum penalty under section 229B(1) were—

if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 14 years or more—life imprisonment; or

if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 5 years or more but less than 14 years—14 years imprisonment; or

otherwise—7 years imprisonment; and

the reference in section 229B(10), definition offence of a sexual nature to an offence defined in section 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 352 included a reference to an offence—

defined in a provision of this Code as in force from time to time before the commencement of the 1997 amendment; and

constituted by an act that would, if committed on the commencement of this section, constitute an offence defined in a section mentioned in that definition.

For applying section 229B under subsection (1)(b), the section applies, and is taken always to have applied, as if—

the maximum penalty under section 229B(1) were—

if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 14 years or more—life imprisonment; or

otherwise—14 years imprisonment; and

the reference in section 229B(10), definition offence of a sexual nature to an offence defined in section 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 352 included a reference to an offence—

defined in a provision of this Code as in force from time to time before the commencement of the 2003 amendment; and

constituted by an act that would, if committed on the commencement of this section, constitute an offence defined in a section mentioned in that definition.

If an adult has been charged, before the commencement of this section, with committing an offence against section 229B over a period that includes any part of a period mentioned in subsection (1)(a) or (b), subsection (1) does not apply in relation to the period the subject of the charge for—

the proceeding for the offence; or

any appeal against a conviction or sentence for the offence.

Also, section 229B as applied under subsection (1) does not apply in relation to an act done during a period mentioned in subsection (1)(a) or (b) if, before the commencement of this section, the act was the subject of a charge of an offence, whether or not the charge was finally dealt with.

In this section—1989 amendment means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 23.1997 amendment means the Criminal Law Amendment Act 1997, section 33.2003 amendment means the Sexual Offences (Protection of Children) Amendment Act 2003, section 18.sch 1 pt 9 ch 102 ch div 1 s 747 ins 2020 No. 32 s 21748Proceedings for offences against s 229B

This section applies in relation to an offence committed by a person against section 229B as applied under section 746 or 747.

A proceeding for the offence may be started, and the person may be convicted of and punished for the offence, as if section 229B had always applied in the way provided for under section 746 or 747.

This section applies despite section 11 and the Acts Interpretation Act 1954, section 20C.sch 1 pt 9 ch 102 ch div 1 s 748 ins 2020 No. 32 s 21749Application of former s 218B to certain conduct

If conduct constituting an offence against former section 218B started before the commencement and continues after the commencement, former section 218B continues to apply in relation to all of the conduct constituting the offence.

In this section—former section 218B means section 218B as in force from time to time before the commencement.sch 1 pt 9 ch 102 ch div 1 s 749 ins 2020 No. 32 s 21750Application of amended ss 668A and 669A

Section 668A, as amended by the amending Act, applies in relation to the referral, after the commencement, of a point of law mentioned in section 668A(1), whether the direction or ruling in relation to which the point of law has arisen was given before, or is given after, the commencement.

Section 669A, as amended by the amending Act, applies in relation to the making of an appeal, after the commencement, against an order staying proceedings or further proceedings on an indictment, whether the order was made before, or is made after, the commencement.

In this section—amending Act means the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020.sch 1 pt 9 ch 102 ch div 1 s 750 ins 2020 No. 32 s 21Chapter division 2Provision commencing by proclamationsch 1 pt 9 ch 102 ch div 2 hdg ins 2020 No. 32 s 28751Application of s 229BCSection 229BC applies to an adult in relation to information gained on or after the commencement whether the information relates to an alleged offence believed to have been committed by an alleged offender before or after the commencement.sch 1 pt 9 ch 102 ch div 2 s 751 ins 2020 No. 32 s 28 Chapter 103Transitional provisions for Justice and Other Legislation Amendment Act 2020sch 1 pt 9 ch 103 hdg ins 2020 No. 15 s 55752Application of s 359E(4)

Section 359E(4), as amended under the Justice and Other Legislation Amendment Act 2020, applies to the crime of unlawful stalking whether any of the acts constituting the unlawful stalking have been done before or after the commencement.

This section applies despite section 11(2) and the Acts Interpretation Act 1954, section 20C(3).sch 1 pt 9 ch 103 s 752 ins 2020 No. 15 s 55753Application of ch 58A before and after amendment to particular charges

Chapter 58A, as in force immediately before the commencement, continues to apply in relation to a charge for an offence if an originating step for the proceeding for the charge was taken before the commencement.

Chapter 58A, as amended under the Justice and Other Legislation Amendment Act 2020, applies in relation to a charge for an offence if—

no originating step for the proceeding for the charge was taken before the commencement; and

an originating step for the proceeding for the charge is taken on or after the commencement.

For subsection (2), it does not matter when the offence was committed.

In this section—originating step, for a proceeding, means—

the arrest of the defendant in the proceeding; or

the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.

sch 1 pt 9 ch 103 s 753 ins 2020 No. 15 s 55 Chapter 104Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021sch 1 pt 9 ch 104 hdg ins 2021 No. 7 s 10754Offences charged before or after the commencement

Despite the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021, the former provisions continue to apply in relation to a person charged with an offence before the commencement.

The new provisions apply in relation to a person charged with an offence after the commencement, whether the charge is for an offence committed before or after the commencement.

In this section—former provisions means the provisions of this Code as in force from time to time before the commencement.new provisions means the provisions of this Code as in force from the commencement.sch 1 pt 9 ch 104 s 754 ins 2021 No. 7 s 10 Chapter 105Transitional provision for Evidence and Other Legislation Amendment Act 2022sch 1 pt 9 ch 105 hdg ins 2022 No. 12 s 12755Existing relevant proceedings

This section applies in relation to a relevant proceeding started, but not finally decided, before the commencement.

Subsection (3) applies in relation to the relevant proceeding if, before the commencement—

a request was made to the prosecution under section 590AS(3) to allow an appropriate person to view or examine original evidence that is the body of a deceased person; or

the court hearing the proceeding made a direction under section 590AS(4) in relation to viewing and examining original evidence that is the body of a deceased person; or

the accused person applied to the court for a direction mentioned in paragraph (b).

Section 590AS, as in force from time to time before the commencement, continues to apply in relation to the relevant proceeding as if the Evidence and Other Legislation Amendment Act 2022 had not been enacted.

If subsection (3) does not apply in relation to the relevant proceeding, section 590ASA applies in relation to the proceeding.

In this section—appropriate person see section 590AS(6).body see the Coroners Act 2003, schedule 2.original evidence see section 590AD.relevant proceeding see section 590AD.sch 1 pt 9 ch 105 s 755 ins 2022 No. 12 s 12 Chapter 106Transitional provisions for Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023sch 1 pt 9 ch 106 hdg ins 2023 No. 1 s 28756Offences charged before or after the commencement

Despite the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023, the former provisions continue to apply in relation to a person charged with an offence before the commencement.

The new provisions apply in relation to a person charged with an offence after the commencement, whether the charge is for an offence committed before or after the commencement.

In this section—former provisions means the provisions of this Code as in force from time to time before the commencement.new provisions means the provisions of this Code as in force from the commencement.sch 1 pt 9 ch 106 s 756 ins 2023 No. 1 s 28757Conviction for domestic violence offence before commencement

This section applies if a person commits an offence against new section 359F(10) after the commencement and the penalty mentioned in new section 359F(11) applies to the person.

New section 359F(11) applies regardless of whether any of the acts constituting the domestic violence offence mentioned in new section 359F(11) were done before or after the commencement.

This section applies despite section 11(2) and the Acts Interpretation Act 1954, section 20C(3).

In this section—new, in relation to section 359F or a subsection of section 359F, means section 359F or a subsection of section 359F as amended by the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023.sch 1 pt 9 ch 106 s 757 ins 2023 No. 1 s 28 Chapter 107Transitional provisions for Strengthening Community Safety Act 2023sch 1 pt 9 ch 107 hdg ins 2023 No. 3 s 10758Proceedings for charge for offence against former s 408A(1B)

This section applies in relation to an offence against section 408A(1) to which section 408A(3) (as in force immediately before the commencement) applied, committed by a person before the commencement.

Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Strengthening Community Safety Act 2023, section 8 had not commenced.

Subsection (2) applies despite section 11.sch 1 pt 9 ch 107 s 758 ins 2023 No. 3 s 10amd 2024 No. 45 s 134 sch 1759Application of particular provisions to charge for offence against former s 408A(3)

Section 408A(6) and (7) apply in relation to a charge for an offence against section 408(1) to which section 408A(3) (as in force immediately before the commencement) applied, whether an originating step for the proceeding for the charge was taken before or after the commencement.

Section 552BB, table, entry for section 408A, column 3, section 3, as in force immediately before the commencement, continues to apply in relation to a charge for an offence against section 408A(1) to which section 408A(3) (as in force immediately before the commencement) applied, whether an originating step for the proceeding for the charge was taken before or after the commencement.sch 1 pt 9 ch 107 s 759 ins 2023 No. 3 s 10amd 2024 No. 45 s 134 sch 1 Chapter 108Transitional provision for Information Privacy and Other Legislation Amendment Act 2023sch 1 pt 9 ch 108 hdg ins 2023 No. 32 s 5760Application of s 408E

This section applies if an act or omission constituting an offence against section 408E happened before the commencement, whether the proceeding for the offence is started before or after the commencement.

Section 408E as in force before the commencement continues to apply in relation to the act or omission as if the Information Privacy and Other Legislation Amendment Act 2023, section 4 had not commenced.sch 1 pt 9 ch 108 s 760 ins 2023 No. 32 s 5 Chapter 109Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024sch 1 pt 9 ch 109 hdg ins 2024 No. 5 s 17761Application of ch 32 to proceedings

Despite the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, the former provisions continue to apply to a proceeding for an offence committed wholly or partly before the commencement.

The new provisions apply to a proceeding for an offence committed wholly after the commencement.

In this section—former provisions means the provisions of chapter 32 as in force from time to time before the commencement.new provisions means the provisions of chapter 32 as in force from the commencement.sch 1 pt 9 ch 109 s 761 ins 2024 No. 5 s 17762Application of s 334C to acts of domestic violence constituting coercive control

Section 334C applies only to acts of domestic violence constituting the course of conduct under that section that were done after the commencement.

This section does not limit the Evidence Act 1977, part 6A, division 1A.sch 1 pt 9 ch 109 s 762 ins 2024 No. 5 s 23763Conviction for domestic violence offence before commencement

This section applies if a person commits an offence against section 334E(10) after the commencement and the penalty in section 334E(11) applies to the person.

Section 334E(11) applies regardless of whether the conviction mentioned in that subsection was recorded before or after the commencement.

This section applies despite section 11(2) and the Acts Interpretation Act 1954, section 20C(3).sch 1 pt 9 ch 109 s 763 ins 2024 No. 5 s 23 Chapter 110Transitional provision for Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Act 2024sch 1 pt 9 ch 110 hdg ins 2024 No. 6 s 35764 Subsequent appeals—appeals or applications for leave to appeal before commencement

This section applies if, before the commencement, a person appealed, or applied for leave to appeal, against a conviction of the person under section 668D.

The person may apply for leave to make a subsequent appeal under section 671AC against the person’s conviction whether the person’s appeal or application for leave to appeal was determined before or after the commencement.sch 1 pt 9 ch 110 s 764 ins 2024 No. 6 s 35 Chapter 111Transitional provisions for Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024sch 1 pt 9 ch 111 hdg ins 2024 No. 23 s 18763Definitions for chapterIn this chapter—amendment Act means the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024.former, for a provision of this Act, means the provision as in force from time to time before the commencement.sch 1 pt 9 ch 111 s 763 ins 2024 No. 23 s 18764Proceedings for offences against former ch 22A generally

This section applies in relation to an offence against former chapter 22A committed by a person before the commencement, other than an offence against a relevant chapter 22A provision under section 765.

The person may not be convicted of or punished for the offence unless the person was charged with the offence before the commencement.

If the person was charged with the offence before the commencement, a proceeding for the offence may be continued, and the person may be convicted of and punished for the offence, as if the amendment Act, sections 15 and 31 had not commenced.sch 1 pt 9 ch 111 s 764 ins 2024 No. 23 s 18765Proceedings for particular offences against former ch 22A

This section applies in relation to an offence against a relevant chapter 22A provision committed by a person before the commencement.

Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, sections 15 and 31 had not commenced.

Subsection (2) applies despite section 11.

In this section—relevant chapter 22A provision means each of the following provisions as in force from time to time before the commencement—

section 229FA;

section 229G;

section 229H, if the offence is alleged to have been committed with the circumstance of aggravation mentioned in section 229H(2);

section 229HB, if the offence is alleged to have been committed with the circumstance of aggravation mentioned in section 229HB(2);

section 229I, if the offence is alleged to have been committed with the circumstance of aggravation mentioned in section 229I(2);

section 229K, if—

the offence is alleged to have been committed with the circumstance of aggravation mentioned in section 229K(3); or

section 229K(2) applies because of section 229K(3B).

sch 1 pt 9 ch 111 s 765 ins 2024 No. 23 s 18766Continuation of s 229J—certificate of discharge for particular offences

On the commencement, former section 229J continues to apply in relation to an application made but not decided under that section before the commencement, as if the amendment Act, section 15 had not commenced.

If an order is made under former section 229J(8), whether before or after the commencement—

the order continues in effect indefinitely or until further order under that section; and

without limiting the Acts Interpretation Act 1954, section 20, a proceeding for an offence against former section 229J(10) may be continued or started, and a person may be convicted of and punished for the offence, as if the amendment Act, section 15 had not commenced.

Subsection (2) applies despite section 11.sch 1 pt 9 ch 111 s 766 ins 2024 No. 23 s 18 Chapter 112Transitional provision for the Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Act 2024sch 1 pt 9 ch 112 hdg ins 2024 No. 48 s 11767Repeated sexual conduct with a child of or above 16 by a person who has the child under their care, supervision or authority To remove any doubt, it is declared that on a charge of an offence against section 229B(1A), evidence of an unlawful sexual act or acts done before the commencement may not be admitted in evidence for the purpose of deciding whether unlawful sexual acts done after the commencement establish the existence of an unlawful sexual relationship.sch 1 pt 9 ch 112 s 767 ins 2024 No. 48 s 11 Chapter 113Transitional provisions for Defamation and Other Legislation Amendment Act 2025sch 1 pt 9 ch 113 hdg ins 2025 No. 32 s 21768Proceedings for criminal defamation

Former section 365 continues to apply to a proceeding for an offence in relation to defamatory matter published before the commencement.

New section 365 applies to a proceeding for an offence in relation to defamatory matter published after the commencement.

Subsection (1) applies despite section 11.

In this section—former section 365 means section 365 as in force immediately before the commencement.new section 365 means section 365 as in force from the commencement.sch 1 pt 9 ch 113 s 768 ins 2025 No. 32 s 21769Application of new section 678D

New section 678D applies, and is taken always to have applied, to evidence against a person to whom chapter 68 applies under section 678A.

In this section—new section 678D means section 678D as in force from the commencement.sch 1 pt 9 ch 113 s 769 ins 2025 No. 32 s 21 Chapter 114 Transitional provisions for Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026sch 1 pt 9 ch 114 hdg ins 2026 No. 4 s 15770Prosecution of prohibited symbols offence if entity stops being a prescribed organisation

This section applies if—

a person is charged with an offence against new section 52D involving a prohibited symbol used by a prescribed organisation or a member of a prescribed organisation; and

before the end of the proceeding for the offence, the prescribed organisation stops being a prescribed organisation under new section 52CA(4).

Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the prescribed organisation had not stopped being a prescribed organisation.

Subsection (2) applies despite section 11.

In this section—new, in relation to a provision of this Act, means the provision as in force from the commencement.sch 1 pt 9 ch 114 s 770 ins 2026 No. 4 s 15771Proceedings for offences relating to religious worship

This section applies in relation to an offence against former section 206 or 207 committed by a person before the commencement.

Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026, sections 8 and 9 had not commenced.

Subsection (2) applies despite section 11.

In this section—former section 206 or 207 means section 206 or 207 as in force from time to time before the commencement.sch 1 pt 9 ch 114 s 771 ins 2026 No. 4 s 15