Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_75
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 75
Character Range: 172357–173760

75  Application of amendments to conduct before and after commencement

(1) In this item:
earlier conduct means conduct engaged in before the commencement of this Schedule.
engage in conduct has the same meaning as in the Criminal Code.
later conduct means conduct engaged in after the commencement of this Schedule.
new law means Part 9.1 of the Criminal Code as in force from time to time.
old law means:
 (a) the provisions of Division 2 of Part XIII of the Customs Act 1901 as in force from time to time before the commencement of this Schedule to the extent to which those provisions related to narcotic substances; and
 (b) any law related to those provisions.

(2) The amendments made by this Schedule do not apply in relation to earlier conduct.

(3) Despite the amendments made by this Schedule, the old law continues to apply in relation to later conduct if:
 (a) the later conduct is related to earlier conduct; and
 (b) because of that relationship, the later conduct would have constituted a physical element (or a part of a physical element) of an offence against the old law, had the old law remained in force.

(4) If later conduct is alleged against a person in a prosecution for an offence against the old law, that conduct must not be alleged against the person in a prosecution for:
 (a) an offence against the new law; or
 (b) an offence related to an offence against the new law.