Victorian Current Acts Victorian Current Acts(1) A finding of guilt or conviction of an old offence counts as a finding of guilt or conviction of a new offence for the purpose of determining whether or not a person has previously been found guilty or convicted of the new offence.
(2) For the purposes of this section—
(a) an old offence is an offence under a repealed statutory provision which is constituted by the same acts, omissions, matters, circumstances or things as an offence (the new offence) under an Act or subordinate instrument which substantially re-enacts (whether in the same language or not) the repealed statutory provision; and
(b) a repealed statutory provision is an Act or provision of an Act that has been repealed or a subordinate instrument or provision of a subordinate instrument that has been revoked.
(3) This section applies—
(a) even if the new offence differs from the old offence in—
(i) its penalty; or
(ii) the procedure applicable to its prosecution; or
(iii) its classification; or
(iv) its name;
(b) unless the contrary intention appears in the Act or subordinate instrument that creates the new offence.
S. 115A inserted by No. 65/2011 s. 49.