Crimes Amendment Act (No 2) 2008

17 New sections 413 to 415 inserted

• The following sections are inserted after section 412:

  “413 Enactment creating offence is repealed and replaced or consolidated

  • Section 414 applies if—

    • “(a) an enactment that forms a part of this Act and that creates an offence is repealed and is replaced by, or is consolidated in, a new enactment, whether in the same or a different form; and

      • “(i) proceedings are commenced for an offence contrary to the repealed enactment in reliance on section 19 of the Interpretation Act 1999; or

      • “(ii) proceedings are commenced for an offence contrary to the new enactment; or

      • “(iii) proceedings are commenced for an offence contrary to the repealed enactment in reliance on section 19 of the Interpretation Act 1999 and, in the alternative, for an offence contrary to the new enactment; and

    • “(b) the date of the act or omission by the defendant constituting the alleged offence cannot be established with sufficient certainty to determine whether it occurred before the repeal of the repealed enactment or after the commencement of the new enactment.

  “414 Repealed enactment continues to have effect

  • “(1) The repealed enactment referred to in section 413(a) continues to have effect for the purposes of the proceedings.

    “(2) The defendant may be found guilty or convicted of the offence created by the repealed enactment if the defendant’s act or omission—

    • “(a) would have constituted an offence under both the repealed enactment and the new enactment referred to in section 413(a); and

    • “(b) occurred on a date that cannot be established with certainty but that is established to have occurred either after the commencement of the repealed enactment and before its repeal or after the commencement of the new enactment and before its repeal.

    “(3) If subsection (1) applies, the defendant is entitled to raise any defence to the repealed enactment that the defendant would be entitled to raise under the new enactment, if that defence is relevant to the repealed enactment.

    “(4) A defendant found guilty or convicted, in accordance with this section, of an offence created by the repealed enactment is liable to a maximum penalty which is the lesser of that prescribed for the offence of which the defendant is found guilty or convicted and that prescribed for the corresponding offence created under the new enactment.

  “415 Inconsistency with other enactment or rule of law

  • If sections 413 and 414 are inconsistent with any other enactment or rule of law, sections 413 and 414 prevail over that enactment or rule of law.”