Sch. 1 hearing of the charge commenced on or after the commencement of section 7 of that Act irrespective of when the offence was committed or the proceeding for the offence commenced. __________________ SCHEDULES SCHEDULE 1 Sch. 1 amended by Nos 43/1994 s. 56(Sch. item 6.2), 1 Sexual offences 36/1995 s. 13(2), This clause applies to the following offences— substituted by No. 48/1997 s. 34. (a) an offence against, or for which the penalty Sch. 1 cl. 1(a) amended by or the maximum or minimum penalty is No. 69/1997 fixed by, any of the following sections of the s. 21. Crimes Act 1958: (i) section 38 (rape); (ia) section 38A (compelling sexual Sch. 1 cl. 1(a)(ia) penetration) if the person against whom inserted by the offence is committed is a child; No. 2/2006 s. 43(2)(a). (ii) section 39 (indecent assault); Sch. 1 cl. 1(a)(ii) substituted by No. 57/2005 s. 50(2)(a). (iii) section 40 (assault with intent to rape); (iv) section 44(1), (2) or (4) (incest) but not section 44(4) if both people are aged 18 or older and each consented (as defined in section 36 of the Crimes Act 1958) to engage in the sexual act;
hearing of the charge commenced on or after the commencement of section 7 of that Act irrespective of when the offence was committed or the proceeding for the offence commenced. __________________ SCHEDULES Sch. 1 amended by Nos 43/1994 s. 56(Sch. item 6.2), 36/1995 s. 13(2), substituted by No. 48/1997 s. 34. SCHEDULE 1 Sch. 1 1 Sexual offences This clause applies to the following offences— Sch. 1 cl. 1(a) amended by No. 69/1997 s. 21. (a) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958: (i) section 38 (rape); Sch. 1 cl. 1(a)(ia) inserted by No. 2/2006 s. 43(2)(a). (ia) section 38A (compelling sexual penetration) if the person against whom the offence is committed is a child; Sch. 1 cl. 1(a)(ii) substituted by No. 57/2005 s. 50(2)(a). (ii) section 39 (indecent assault); (iii) section 40 (assault with intent to rape); (iv) section 44(1), (2) or (4) (incest) but not section 44(4) if both people are aged 18 or older and each consented (as defined in section 36 of the Crimes Act 1958) to engage in the sexual act;