Criminal Code Act Compilation Act 1913

This section applies in relation to an alleged act or omission in respect of a person (the victim) in the following circumstances —

the alleged act or omission occurred in a period (the relevant period) during which the victim had a birthday (the relevant birthday);

it is uncertain when in the relevant period the alleged act or omission occurred;

the alleged act or omission, if proved, constituted —

a sexual offence in respect of the victim before the relevant birthday; and

a separate and different sexual offence in respect of the victim on or after the relevant birthday.

If the sexual offences referred to in subsection (1)(c) have the same statutory penalty, the accused person may be charged with, and convicted and sentenced in respect of, either of the offences regardless of when in the relevant period the alleged act or omission occurred.

If the sexual offences referred to in subsection (1)(c) have different statutory penalties, the accused person may be charged with, and convicted and sentenced in respect of, the offence that has the lesser statutory penalty regardless of when in the relevant period the alleged act or omission occurred.