Schedule 2 Savings, transitional and other provisions
(Section 3C)
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts or provisions of Acts:Schedule 1.4 to the Crimes Legislation Amendment Act 1997
Schedule 5 to the Crimes Legislation Amendment Act 1998
Crimes Legislation Amendment (Sentencing) Act 1999
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on Schedule 1.4 to Crimes Legislation Amendment Act 1997
2 Application of amendments to Part 10
The amendments to this Act made by Schedule 1.4 [4]–[13] to the Crimes Legislation Amendment Act 1997 do not apply in respect of a summary offence if the person charged with the indictable offence to which the summary offence is related is committed for trial for the indictable offence before the commencement of the amendments.
Part 3 Provisions consequent on Schedule 5 to Crimes Legislation Amendment Act 1998
3 Application of amendments to Table 2 to Part 9A
Table 2 to Part 9A, as amended by Schedule 5 [1] and [2] to the Crimes Legislation Amendment Act 1998, applies to proceedings for an offence with which a person is charged after (but not before) the commencement of those amendments, irrespective of when the offence was alleged to have been committed.
4 Application of amendments to Part 10
The amendments to this Act made by Schedule 5 [3]–[9] to the Crimes Legislation Amendment Act 1998 do not apply in respect of a back up offence or a related offence if the person charged with the indictable offence to which the back up offence or the related offence is related is committed for trial for the indictable offence before the commencement of the amendments.
Part 4 Provisions consequent on enactment of Crimes Legislation Amendment (Sentencing) Act 1999
In this Part:1999 amending Act means the Crimes Legislation Amendment (Sentencing) Act 1999.
amended legislation means any Act or instrument amended by Schedule 2, 3, 4 or 5 to the 1999 amending Act, as so amended.
appointed day means:
(a) in relation to a provision of the old legislation that has been repealed or amended by the 1999 amending Act, the day on which the repeal or amendment commences, or(b) in relation to a new provision inserted into the amended legislation by the 1999 amending Act, the day on which the new provision commences.old legislation means:
(a) any Act or instrument repealed by Schedule 1 to the 1999 amending Act, as in force immediately before its repeal, and(b) any Act or instrument amended by Schedule 2, 3, 4 or 5 to the 1999 amending Act, as in force immediately before its amendment.
Division 2 Crimes Act 1900
In this Division:1900 Act means the Crimes Act 1900, as in force immediately before the appointed day.
7 Certificates under section 358
A certificate prepared in accordance with section 358 of the 1900 Act is taken to have been prepared in accordance with section 127 of this Act.
8 Notices under section 405A and 405AB
A notice served on a person for the purposes of section 405A or 405AB of the 1900 Act is taken to have been served on the person for the purposes of section 48 or 49 of this Act, as the case requires.
9 Depositions under section 406
A deposition made in accordance with section 406 of the 1900 Act is taken to have been made in accordance with section 111 of this Act.
10 Certificate evidence under section 414A
Any certificate prepared for the purposes of a provision of section 414A of the 1900 Act is taken to have been prepared for the purposes of section 109 or 110 of this Act, as the case requires.
Section 442A of the 1900 Act continues to have effect in relation to offences under section 61B, 61C and 61D of that Act, as in force before their repeal on 17 March 1991 by the Crimes (Amendment) Act 1989.
Any order that, immediately before the appointed day, was in force under section 578 of the 1900 Act is taken to be an order in force under section 119 of this Act, and may be amended and revoked accordingly.
(1) Section 95 does not apply to the trial of a person charged with an offence before 10 June 1994 (the date on which the right to make unsworn dock statements was originally abolished).(2) The re-enactment by section 95 of section 404A of the Crimes Act 1900 does not limit the operation of section 30 of the Interpretation Act 1987 in relation to the repeal of section 404A by the 1999 amending Act.
Nothing in section 105 authorises the admission of evidence of a kind that was inadmissible immediately before 14 July 1981 (the date on which section 409B of the Crimes Act 1900 commenced).
17 Continued operation of Forfeited Recognizances and Bail Act 1954
The Forfeited Recognizances and Bail Act 1954 continues to apply to a recognizance entered into before the commencement of this clause as if that Act had not been repealed.
Any delegation that was in force immediately before the commencement of the 1999 amending Act under a provision of the old legislation for which there is a corresponding provision in the amended legislation is taken to be a delegation in force under the corresponding provision of the amended legislation.
19 Construction of certain references
Subject to the Crimes (Sentencing Procedure) Act 1999, the Crimes (Administration of Sentences) Act 1999 and the regulations under this Act, in any Act or instrument:(a) a reference to a provision of the old legislation for which there is a corresponding provision in the amended legislation extends to the corresponding provision of the amended legislation, and(b) a reference to any act, matter or thing referred to in a provision of the old legislation for which there is a corresponding provision in the amended legislation extends to the corresponding act, matter or thing referred to in the corresponding provision of the amended legislation.
Subject to the Crimes (Sentencing Procedure) Act 1999, the Crimes (Administration of Sentences) Act 1999 and the regulations under this Act:(a) anything begun before the appointed day under a provision of the old legislation for which there is a corresponding provision in the amended legislation may be continued and completed under the old legislation as if the 1999 amending Act had not been enacted, and(b) subject to paragraph (a), anything done under a provision of the old legislation for which there is a corresponding provision in the amended legislation (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of the amended legislation.