431   Convicted persons not to be liable to death penalty

(1)  This section applies to offences under:

(a)  an Act,

(b)  an Imperial Act so far as it applies in New South Wales, or

(c)  a rule of law,

      whether committed before or after the commencement of the Crimes (Death Penalty Abolition) Amendment Act 1985.

(2)  A person is not liable to the punishment of death for an offence to which this section applies.

(3)  Where, but for this subsection, no penalty would be provided for an offence to which this section applies that was formerly punishable by death, that offence shall be punishable by penal servitude for life.