Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 7A

    (1)     Any immunity from prosecution arising because of the time limit imposed by the following repealed provisions on commencing a proceeding for an offence is abolished—

        (a)     section 47 of the Crimes Act 1928 ;

        (b)     section 51 of the Crimes Act 1957 ;

        (c)     section 51 of the Crimes Act 1958 (repealed by section 5 of the Crimes (Sexual   Offences) Act 1980 );

        (d)     section 48(6) of the Crimes Act 1958 (inserted by section 5 of the Crimes (Sexual   Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991 );

        (e)     section 49(6) of the Crimes Act 1958 (inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991 ).

S. 7A(2) amended by No. 14/2015 s. 80.

    (2)     Subsection (1) does not apply to an offence if the conduct constituting it would not constitute an offence under the law of Victoria immediately before the day after the day on which the Jury Directions Act 2015 receives the Royal Assent.

    (3)     Without limiting any other defence available to a person charged, because of subsection (1), with an offence of a kind described in column 1 of the Table in this subsection, the person may rely on a defence described in column 2 of that Table in relation to that offence.

Table

Column 1	Column 2
An offence against a child under the age of 16	A defence that would be available under section 45(4) of the Crimes Act 1958 if the person were charged with an offence under section 45(1) of that Act
An offence against a 16 or 17 year old child	A defence that would be available under section 48(2) of the Crimes Act 1958 if the person were charged with an offence under section 48(1) of that Act

S. 7B inserted by No. 38/2022 s. 60.