Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 746

746 Application of s 229B to acts done before 3 July 1989

(1) Section 229B as in force on the commencement of this section applies, and is taken always to have applied, in relation to acts done before the commencement of the 1989 amendment.

(2) For applying section 229B under subsection (1), 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 1989 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) Subsection (1) does not apply in relation to an act done before the commencement of the 1989 amendment 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.

(4) In this section—

"1989 amendment" means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 23.