Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 727

727 New summary disposition provisions apply only to prosecutions commenced after commencement

(1) Chapter 58A, as amended by the amending Act, applies in relation to a charge for an offence only if an originating step for the proceeding for the charge is taken on or after the commencement of this section.

(2) For subsection (1), it does not matter when the offence was committed.

(3) Subsection (4) applies if—

(a) an originating step for a proceeding for a charge for an old offence is taken against a person on or after the commencement of this section in relation to circumstances that happened before the repeal of the provision providing for the old offence; and

(b) the proceeding for the old offence is not prevented under section 11(1).

(4) The issue of whether the charge for the old offence must be heard and decided summarily must, to the greatest practicable extent, be decided according to whether a charge for the new offence could be, or would be required to be, heard and decided summarily.

(5) In this section—

"new offence" means the offence that, for the purposes of section 11(1), is the offence under the law in force at the time when the person is charged with the old offence.

"old offence" means an offence against a provision of this Code that was repealed at any time before the commencement of this section.