Environmental Protection Act 1994

This section applies in relation to an offence committed by a person—

before the commencement, against a relevant offence provision; or

after the commencement, against a relevant offence provision as continued under section 810.

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 amending Act had not been enacted.

A reference in subsection (2) to a proceeding for the offence includes, for an offence against a relevant infringement notice offence provision, a reference to action by way of an infringement notice under the State Penalties Enforcement Act 1999 and, for that purpose, the State Penalties Enforcement Regulation 2014 applies as if it had not been amended by the amending Act.

Subsections (2) and (2A)—

do not limit the Acts Interpretation Act 1954, section 20; and

apply despite the Criminal Code, section 11.

Any action under the State Penalties Enforcement Act 1999 taken in relation to a relevant infringement notice offence provision before the commencement of subsection (2A) is taken to be, and to have always been, as valid as if subsection (2A) were in force when the action was taken.

In this section—

section 361;

section 362;

section 363;

section 363E;

section 363I;

section 363L.