(1)  A person shall not unlawfully assault another person.

(1A)  A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 12 months.

(1B)  If an offence against this section is committed in circumstances of aggravation, the offender is liable to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(2)  Where any person is charged with having unlawfully assaulted any other person, the court, if it considers the assault is of an aggravated nature, may sentence the offender to pay a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(3)  A person who with indecent intent assaults any other person is liable to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(4)  If on a complaint under subsection (3) the court finds the assault proved but not the intent, it may amend the complaint to one under subsection (1) for the same assault and convict accordingly.

(5)  Subject to subsection (5A) , a complaint made for the purposes of the Justices Act 1959 in relation to an offence against this section is to be made within 12 months after the date of the offence.

(5A)  Subsection (5) does not apply to a complaint made for the purposes of the Justices Act 1959 in relation to –

(a) an offence under subsection (3) ; or

(b) an offence under subsection (1) if, under subsection (4) , the complaint for the same assault was amended from a complaint under subsection (3) to a complaint under subsection (1) .

(5B)  The amendments to this section effected by section 39 of the Justice Miscellaneous (Royal Commission Amendments) Act 2023 apply in respect of proceedings for an offence –

(a) whether or not that offence was committed before or after the commencement of that Act; and

(b) whether or not a limitation period previously applying to the offence had expired before the commencement of that Act.

(6)  In this section –

circumstances of aggravation , in relation to an offence against this section, means the offender committed the offence knowing that the victim of the offence was, at the time of the offence, pregnant.