Eleventh Schedule Savings and transitional provisions
(Section 581)
Part 1 Crimes (Amendment) Act 1989
(1) In any other Act, in any instrument made under any Act or in any document of any kind:(a) a reference (however expressed) to sexual intercourse within the meaning of section 61A is to be taken to be a reference to sexual intercourse within the meaning of section 61H, and(b) a reference to an offence under section 61B or 61C is to be taken to include a reference to an offence under section 61K, and(c) a reference to an offence under section 61D is to be taken to include a reference to an offence under section 61I or 61J, and(d) a reference to an offence under section 61E is to be taken to include a reference to an offence under section 61L, 61M, 61N or 61O, and(e) a reference to an attempt referred to in section 61F is to be taken to include a reference to an attempt referred to in section 61P.(2) Subclause (1) does not apply in relation to offences committed or alleged to have been committed before the commencement of Schedule 1 (2) to the Crimes (Amendment) Act 1989.
Sections 61A–61G as in force before their repeal by the Crimes (Amendment) Act 1989 continue to apply to offences committed or alleged to have been committed before the repeal.
Part 2 Criminal Legislation (Amendment) Act 1992
It is declared that, from 14 July 1981 (being the date of commencement of the amendments made by the Crimes (Sexual Assault) Amendment Act 1981) until the commencement of the amendment made by the Criminal Legislation (Amendment) Act 1992 to section 61H, an act has been an act of sexual intercourse within the meaning of this Act at the relevant time if the act has comprised sexual intercourse within the meaning of section 61H, as amended by the Criminal Legislation (Amendment) Act 1992.
4 Consent to sexual intercourse
The amendments to section 61R made by the Criminal Legislation (Amendment) Act 1992 apply only in respect of offences committed after the commencement of the amendments.
5 Application of amendment to section 409
The amendment made by the Criminal Legislation (Amendment) Act 1992 to section 409, to the extent to which it applies to a written statement the whole or a part of which was tendered as evidence on a plea of guilty under section 51A of the Justices Act 1902, applies to such a statement tendered after the commencement of the amendment.
6 Operation of amendments relating to taking of vehicles without consent and other indictable offences
(1) The amendments to sections 476 and 496A made by the Criminal Legislation (Amendment) Act 1992 apply only in respect of proceedings for offences committed after the commencement of the amendments.(2) This Act applies in respect of proceedings for offences committed before the commencement of any such amendments as if the amendments had not been made.(3) Section 526A continues to apply to offences committed before that section was repealed as if the section is still in force.
7 Reduction of sentences for assistance to authorities
Section 442B of this Act and section 5DA of the Criminal Appeal Act 1912, as inserted by the Criminal Legislation (Amendment) Act 1992, apply only to a sentence imposed after the commencement of the section concerned, but so apply whether the offence in relation to which the sentence is imposed was committed before or after that commencement.
Part 3 Crimes (Registration of Interstate Restraint Orders) Amendment Act 1993
Part 15A, as amended by the Crimes (Registration of Interstate Restraint Orders) Amendment Act 1993, extends to an interstate restraint order (within the meaning of that Part) made before the commencement of that Act.
Part 4 Crimes Legislation (Review of Convictions) Amendment Act 1993
In this Part, appointed day means the day appointed under section 2 of the Crimes Legislation (Review of Convictions) Amendment Act 1993.
10 Matters arising under section 475
(1) Any matter that was pending, immediately before the appointed day, under section 475 (as in force before the appointed day) is to be finally disposed of in accordance with that section as if that section were still in force.(2) However, section 474H (2) (which enables a prescribed person to refer matters to the Court of Criminal Appeal) extends to a prescribed person conducting an inquiry under section 475.(3) Despite subclause (1), subsections (2), (3) and (4) of section 474G (which confer certain powers on a person conducting an inquiry under Division 4 of Part 13A) extend to a prescribed person conducting an inquiry under section 475 and to any witness summoned by or before the prescribed person.
11 Matters arising under section 26 of Criminal Appeal Act 1912
Any matter that was pending, immediately before the appointed day, under section 26 of the Criminal Appeal Act 1912 (as in force before the appointed day) is to be finally disposed of in accordance with that section as if that section were still in force.
12 Application of Part 13A to past convictions
(1) Part 13A extends to convictions recorded before the appointed day.(2) Section 474J extends to free pardons granted before the appointed day and to free pardons granted on or after the appointed day as a consequence of an inquiry that is disposed of under section 475, as referred to in clause 10.
12A Application of further amendments made by Crimes Amendment (Review of Convictions and Sentences) Act 1996
Part 13A, as amended by the Crimes Amendment (Review of Convictions and Sentences) Act 1996, extends to convictions recorded and sentences imposed before the commencement of that Act.
Part 5 Crimes Legislation (Unsworn Evidence) Amendment Act 1994
13 Application of abolition of accused person’s right to give unsworn evidence or to make unsworn statement
Section 404A, and the amendments to sections 405, 405A and 409C made by the Crimes Legislation (Unsworn Evidence) Amendment Act 1994, apply to the trial of a person charged with an offence on or after the commencement of that section and those amendments.
Part 6 Crimes (Home Invasion) Amendment Act 1994
14 Section 476 (indictable offences punishable summarily with consent of accused)
A reference in section 476 (6) (ea), (f) or (g) to an offence mentioned in section 109 (1), 111 (1), 112 (1) or 113 (1) of the kind described in the paragraph concerned is taken to include a reference to an offence mentioned in section 109, 111, 112 or 113 (as in force before the commencement of the amendment made to that paragraph by the Crimes (Home Invasion) Amendment Act 1994) of that kind and committed before that commencement.
Part 7 Criminal Legislation Amendment Act 1995
Section 353A, as amended by the Criminal Legislation Amendment Act 1995, extends to a person in lawful custody on the commencement of the amendment to section 353A made by that Act.
16 Apprehended violence orders—s 562G
Section 562G, as amended by the Criminal Legislation Amendment Act 1995, extends to orders made by Local Courts before the commencement of the amendment to section 562G made by that Act.
17 Summons for appearance or arrest of defendant—s 562K
Section 562K, as amended by the Criminal Legislation Amendment Act 1995, extends to warrants issued before the commencement of the amendment to section 562K made by that Act.
18 Registration of interstate restraint orders—s 562U
Section 562U, as amended by the Criminal Legislation Amendment Act 1995, extends to orders registered before the commencement of the amendment to section 562U made by that Act.
19 Abolition of offences of eavesdropping and being a common scold—s 580B
Section 580B does not apply to an offence committed before the commencement of that section.
Part 8 Crimes Amendment (Apprehended Violence Orders) Act 1996
In this Part:AVO Amendment Act 1996 means the Crimes Amendment (Apprehended Violence Orders) Act 1996.
order has the meaning given it in section 562A.
21 Order must be made on conviction for certain offences
Section 562BE applies in respect of a conviction for an offence on or after the commencement of that section even if proceedings for the offence were commenced before the commencement of that section.
22 Order must be made on charge for certain offences
Section 562BF does not apply in respect of proceedings before a court that the court started to hear before the commencement of that section. Section 562O continues to apply in respect of any such proceedings as if that section had not been amended by the AVO Amendment Act 1996.
Subsection (3) of section 562BA (which was inserted by the AVO Amendment Act 1996) applies to any proceedings for an order of the kind referred to in section 562BA, whether the proceedings were commenced before, on or after the commencement of that subsection, but not to proceedings before a court that the court started to hear before the commencement of that subsection.
24 Specification of restricted premises or place in order
The amendment to section 562D contained in the AVO Amendment Act 1996 extends to any order made before the commencement of that amendment that is the subject of an application for variation at any time on or after the commencement of that amendment.
25 Application for variation or revocation of order
An amendment to section 562F contained in the AVO Amendment Act 1996 does not apply in respect of an application for variation or revocation of order that was made before the commencement of that amendment.
26 Time limit for making of complaint for order by District Court
(1) Subsection (1) of section 562GA (which was inserted by the AVO Amendment Act 1996) does not apply in respect of a complaint for an order by the District Court that was made before the commencement of that subsection.(2) Subsection (1) of section 562GA applies to a complaint for an order by the District Court that is made on or after the commencement of that subsection, even if it relates to an earlier complaint that was dismissed by a Local Court or the Children’s Court before the commencement of that subsection. For the purposes of the application of section 562GA to such an earlier complaint, the earlier complaint is taken to have been dismissed on the date of commencement of that subsection.
27 Proceedings for an order by District Court
Subsections (2) and (3) of section 562GA (as inserted by the AVO Amendment Act 1996) apply to any proceedings in the District Court for an order that are commenced before, on or after the commencement of those subsections, except proceedings before the Court that the Court started to hear before the commencement of those subsections.
The amendments to section 562H (made by the AVO Amendment Act 1996) do not apply in respect of a telephone interim order that was made before the commencement of those amendments. Section 562H (as in force immediately before the commencement of those amendments) continues to apply in respect of such a telephone interim order.
29 Measures to protect children in AVO proceedings
A provision of section 562NA (which was inserted by the AVO Amendment Act 1996), other than subsection (2), does not apply in respect of proceedings before a court that the court started to hear before the commencement of the provision. However, the remainder of any such proceedings are to be heard in the absence of the public if the court so directs.
(Repealed)
Part 9A Traffic Legislation Amendment Act 1997
29A Regulations of a savings nature
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Traffic Legislation Amendment Act 1997, but only in relation to the amendments made to this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision 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 10 Crimes Legislation Amendment Act 1997
The amendment made to section 61S by the Crimes Legislation Amendment Act 1997 does not apply in respect of an act or omission giving rise to proceedings for an offence that occurred before the amendment commenced.
31 Increase in time limit for prosecutions for offences relating to unlawful access to data in computer
The amendment made to section 309 by the Crimes Legislation Amendment Act 1997 does not apply in respect of an act or omission giving rise to proceedings for an offence referred to in that section that occurred before that amendment commenced.
32 Orders under section 353A (4)
Section 353A (7) (b), as amended by the Crimes Legislation Amendment Act 1997, does not apply in relation to an offence found proved before the commencement of the amendment made to that paragraph by that Act.
33 Plea of autrefois convict or autrefois acquit
Section 399 (2), as inserted by the Crimes Legislation Amendment Act 1997, does not apply to a plea of autrefois convict or autrefois acquit made before the commencement of that subsection.
Part 11 Crimes Amendment (Child Pornography) Act 1997
34 Operation of amendments in relation to use or employment of a child for pornographic purposes
Section 91G, as amended by Schedule 1 [2]–[4] to the Crimes Amendment (Child Pornography) Act 1997, does not apply in respect of an act giving rise to proceedings for an offence that occurred before that amendment commenced.
Part 12 Crimes Amendment (Detention after Arrest) Act 1997
Part 10A does not apply in respect of the arrest of a person before the commencement of that Part.
Part 13 Crimes Amendment (Diminished Responsibility) Act 1997
36 Replacement of defence of diminished responsibility—application of new defence
Section 23A, as substituted by the Crimes Amendment (Diminished Responsibility) Act 1997, does not apply to or in respect of a murder that is alleged to have been committed before that substitution. This Act continues to apply to and in respect of such an alleged murder as if the Crimes Amendment (Diminished Responsibility) Act 1997 had not been enacted.
37 Application of requirement to give notice of defence
Section 405AB, as inserted by the Crimes Amendment (Diminished Responsibility) Act 1997, does not apply to or in respect of a trial for murder if the murder is alleged to have been committed before the commencement of that section.
Part 14 Crimes Legislation Further Amendment Act 1998
38 Power of registrar to extend interim apprehended violence orders
The power conferred on a registrar of a court to vary an interim order by the amendment made to section 562BB by the Crimes Legislation Further Amendment Act 1998 extends to interim orders made under that section before the commencement of that amendment.
39 Abolition of common law rule that husband and wife cannot be found guilty of conspiracy
Section 580D, as inserted by the Crimes Legislation Further Amendment Act 1998, does not apply in respect of any act of, or omission by, a husband or wife if the act or omission occurred before the commencement of that section.
An amendment made to section 428G or the Second Schedule by the Crimes Legislation Further Amendment Act 1998 does not apply in respect of any trial commenced before the amendment commences.
Part 15 Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999
(1) Proceedings for offences committed, or alleged to have been committed, before the commencement of Schedule 2 to the Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999 are to be determined as if that Act had not been enacted.(2) Accordingly, the law (including any relevant provision of this Act) that would have been applicable to the proceedings had Schedule 2 to the Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999 not been enacted continues to apply to the proceedings as if that Act had not been enacted.
Part 16 Crimes Amendment (Apprehended Violence) Act 1999
(1) In this Part:amending Act means the Crimes Amendment (Apprehended Violence) Act 1999.
(2) Words and expressions used in this Part have the same meanings as in Part 15A.
(1) An apprehended violence order in force immediately before the omission of section 562B by the amending Act is taken to be an apprehended violence order issued under Part 15A as amended by the amending Act.(2) An apprehended violence order in force immediately before the omission of section 562B by the amending Act is taken to be:(a) an apprehended domestic violence order, if the protected person (or at least one of the protected persons) for whose protection the order was made has a domestic relationship with the person against whom it was issued, or(b) an apprehended personal violence order, if the protected person (or each of the protected persons) for whose protection the order was made does not have a domestic relationship with the person against whom it was issued.(3) An order (other than an order referred to in subclause (1) or (2)) in force under Part 15A immediately before the commencement of an amendment made by the amending Act is taken to have been made under that Part as amended by the amending Act.(4) A registered interstate restraint order within the meaning of Part 15A immediately before its amendment by the amending Act is taken to be a registered external protection order within the meaning of section 562RA as inserted by the amending Act.
44 Existing complaints and applications
(1) A complaint for an apprehended violence order pending immediately before the omission of section 562B by the amending Act is taken to be:(a) a complaint for an apprehended domestic violence order, if the protected person (or at least one of the protected persons) for whose protection the order is sought has a domestic relationship with the person against whom it is sought, or(b) a complaint for an apprehended personal violence order, if the protected person (or each of the protected persons) for whose protection the order is sought does not have a domestic relationship with the person against whom it is sought.(2) An application (other than a complaint referred to in subclause (1)) pending under a provision of Part 15A immediately before the commencement of an amendment made by the amending Act is taken to have been made under that Part as amended by the amending Act.
45 References to interstate restraint orders
(1) A reference (however expressed) in any other Act, in any instrument under any Act or in any other document of any kind to an interstate restraint order within the meaning of Part 15A is taken to be a reference to an external protection order within the meaning of section 562RA as inserted by the amending Act.(2) A reference (however expressed) in any other Act, in any instrument under any Act or in any other document of any kind to a registered interstate restraint order within the meaning of Part 15A is taken to be a reference to a registered external protection order within the meaning of section 562RA as inserted by the amending Act.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the amending Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the amending Act or a later date.(3) To the extent to which any such provision 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 17 Crimes Legislation Amendment Act 2000
47 Application of amendments relating to geographical jurisdiction
Part 1A and sections 178BA (3) and 178BB (2), as inserted by the Crimes Legislation Amendment Act 2000, do not apply in respect of any act or omission occurring before their commencement. Sections 3A and 3B (as in force before their repeal by that Act) continue to apply to any such act or omission.
Part 18 Crimes Legislation Amendment Act 2002
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Crimes Legislation Amendment Act 2002 (but only to the extent that it amends this Act).(2) Any such provision may, if the regulations so provide, take effect from the date of assent to that Act or a later date.(3) To the extent to which any such provision 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 19 Crimes Amendment (Sexual Offences) Act 2003
49 Defence under section 77 (2)
Section 77 (2), as in force before its repeal by the Crimes Amendment (Sexual Offences) Act 2003, continues to apply to offences committed before its repeal.
50 Defence under section 91D (2)
Section 91D (2), as in force before its repeal by the Crimes Amendment (Sexual Offences) Act 2003, continues to apply to offences committed before its repeal.
51 Trial for rape—verdict of carnal knowledge
Where on the trial of a person for rape committed before the commencement of Schedule 1 to the Crimes (Sexual Assault) Amendment Act 1981, the jury are satisfied that the female was a girl under the age of sixteen years, but above the age of ten years, and that the accused had carnal knowledge of her, but are not satisfied that carnal knowledge was had without her consent, they may acquit him of the rape charged and find him guilty of an offence under section 71, and he shall be liable to punishment accordingly.
52 Trial for carnal knowledge—girl in fact over 10
Where on the trial of a person for an offence under section 67 the jury are satisfied that the girl was of or above the age of ten years, but under the age of sixteen years, and that the accused had carnal knowledge of such girl, they may acquit him of the offence charged and find him guilty of an offence under section 71, and he shall be liable to punishment accordingly.
53 Trial for carnal knowledge—verdict of assault with intent
Where on the trial of a person for an offence under section 67 the jury are satisfied that the girl was of or above the age of ten years, but under the age of sixteen years, but are not satisfied that the accused had carnal knowledge of the girl, and are satisfied that he was guilty of an offence under section 72, they may acquit him of the offence charged and find him guilty of an offence under the said last-mentioned section, and he shall be liable to punishment accordingly.
54 Rape or attempt—verdict of incest or attempt
If on the trial of any male person for an offence under section 63 or 65 the jury are not satisfied that he is guilty of the offence charged, but are satisfied that he is guilty of an offence under section 78A or under section 78B, they may acquit such person of the offence charged, and find him guilty of an offence under section 78A or under section 78B, and he shall be liable to punishment accordingly.
(cf ss 78, 78F)
(1) (Repealed)(2) No prosecution for an offence under section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q or for an offence of attempting, or of conspiracy or incitement, to commit an offence under any of those sections shall, if the accused was at the time of the alleged offence under the age of 18 years, be commenced without the sanction of the Attorney General.