Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 747

747 Application of s 229B during period 3 July 1989 to 30 April 2003

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

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

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

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

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

(i) 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

(ii) 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

(iii) otherwise—7 years imprisonment; and

(b) 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—

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

(ii) 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.

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

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

(i) 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

(ii) otherwise—14 years imprisonment; and

(b) 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—

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

(ii) 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.

(4) 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—

(a) the proceeding for the offence; or

(b) any appeal against a conviction or sentence for the offence.

(5) 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.

(6) 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.