New South Wales Consolidated Acts New South Wales Consolidated Acts
(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 1997Schedule 5 to the Crimes Legislation Amendment Act 1998Crimes Legislation Amendment (Sentencing) Act 1999Crimes (Sentencing Procedure) Act 1999Crimes (Administration of Sentences) Act 1999Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001Criminal Legislation Amendment Act 2001 , to the extent that it amends this ActCriminal Procedure Amendment (Justices and Local Courts) Act 2001Justices Legislation Repeal and Amendment Act 2001Crimes Legislation Amendment (Penalty Notice Offences) Act 2002Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002Criminal Procedure Amendment (Sexual Offence Evidence) Act 2003Road Transport Legislation Amendment (Public Transport Lanes) Act 2004 , but only in relation to the amendments made to this ActCriminal Procedure Amendment (Evidence) Act 2005Criminal Procedure Further Amendment (Evidence) Act 2005Criminal Procedure Amendment (Prosecutions) Act 2005Criminal Procedure Amendment (Sexual Offence Case Management) Act 2005Courts Legislation Amendment Act 2006 , to the extent that it amends this ActCriminal Procedure Amendment (Sexual and Other Offences) Act 2006 , to the extent that it amends this ActCrimes and Courts Legislation Amendment Act 2006 , but only to the extent to which it amends this Act.Criminal Procedure Amendment (Vulnerable Persons) Act 2007Criminal Procedure Amendment (Local Court Process Reforms) Act 2007Evidence Amendment Act 2007 , to the extent that it amends this ActCriminal Legislation Amendment Act 2007Crimes Amendment (Cognitive Impairment--Sexual Offences) Act 2008 , but only to the extent to which it amends this ActCrimes Amendment (Sexual Offences) Act 2008Criminal Procedure Amendment (Case Management) Act 2009Crimes Amendment (Child Pornography and Abuse Material) Act 2010Courts and Crimes Legislation Further Amendment Act 2010Criminal Procedure Amendment (Summary Proceedings Case Management) Act 2012Courts and Crimes Legislation Amendment Act 2012Crimes Legislation Amendment Act 2012Criminal Procedure Amendment (Court Costs Levy) Act 2013Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Act 2013any other Act that amends this Act
(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.
The amendments to this Act made by Schedule 1.4 [4[#93]-[13[#93] 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.
Table 2 to Part 9A, as amended by Schedule 5 [1[#93] and [2[#93] 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.
The amendments to this Act made by Schedule 5 [3[#93]-[9[#93] 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.
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.
(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.
In this Division--
"1900 Act" means the Crimes Act 1900 , as in force immediately before the
appointed day.
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.
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.
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.
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).
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.
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.
Division 2A of Part 3 extends to proceedings for an offence that were instituted before the commencement of that Division, but does not apply to any such proceedings if the accused person was committed for trial before that commencement.
The amendment made to section 48 by the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 applies to proceedings in which the accused person is committed for trial after the commencement of the amendment.
Section 54, as substituted by the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 , does not apply to proceedings in which the accused person was committed for trial before the substitution of that section.
Section 63A applies to indictments presented after the commencement of that section.
(1) The amended Part does not apply in relation to criminal proceedings the hearing of which began before it was amended. The Part, as in force before it was amended, continues to apply in relation to such proceedings.
(2) The amended Part applies in relation to a requirement (whether by subpoena or other procedure) to produce a document on or after its amendment even if the requirement was issued before it was amended.
(3) The amended Part applies in respect of a protected confidence whether made before or after it was amended.
(4) In this clause--
"amended Part" means Part 7 as amended by the amending Act.
"amending Act" means the Criminal Procedure Amendment (Sexual Assault Communications Privilege) Act 2002 .
"protected confidence" has the meaning it has in Part 7.
In this Part--
"amended Criminal Procedure Act " means this Act, as amended by the
Criminal Procedure Amendment (Justices and Local Courts) Act 2001 .
"amended Local Courts Act" means the Local Courts Act 1982 , as amended by
the Justices Legislation Repeal and Amendment Act 2001 .
"old Act" means this Act, as in force before its amendment by the
Criminal Procedure Amendment (Justices and Local Courts) Act 2001 .
"renumbered provision" means a provision of this Act that is renumbered by the
Criminal Procedure Amendment (Justices and Local Courts) Act 2001 .
"repealed provision" means a provision of an Act that is repealed by one of
the 2001 amending Acts.
"2001 amending Acts" means the Criminal Procedure Amendment (Justices and
Local Courts) Act 2001 and the Justices Legislation Repeal and Amendment Act
2001 .
(1) The registry functions of the abolished office of the Clerk of the Peace are the functions of the registrars and other officers of the Supreme Court or the District Court.
(2) Subclause (1) has effect subject to this Act and any other Act and, in particular, does not affect the functions of the Criminal Listing Director.
(3) A reference in any other Act, in any instrument made under any Act or in any other instrument of any other kind to the Clerk of the Peace is to be read as a reference to such person or persons as may be prescribed.
(1) If any proceedings commenced, or any other thing commenced or done, under a repealed provision still having effect or not completed immediately before the repeal could have been done or commenced under the corresponding provision of the amended Criminal Procedure Act or the amended Local Courts Act--(a) the thing done continues to have effect, or(b) the proceedings or other thing commenced may be completed.
(2) A decision, order or a sentence made by a Local Court, or any other person or body, that is completed under subclause (1) may be enforced as if the provisions of the old Act and the Justices Act 1902 and any repealed instruments under those Acts were still in force.
(3) Any act, matter or thing done or omitted to be done under a repealed provision or renumbered provision, and having force immediately before the commencement of a provision of an Act that replaces the repealed provision or renumbers the provision, is on that commencement taken to be done under the corresponding provision of the amended Criminal Procedure Act or Local Courts Act (as the case requires).
(1) Except as provided by this clause, a reference in any other Act or instrument--(a) to a repealed provision for which there is a corresponding provision in the amended Criminal Procedure Act, or to a renumbered provision, extends to the corresponding provision of the amended Criminal Procedure Act, and(b) to a repealed provision for which there is a corresponding provision in the amended Local Courts Act extends to the corresponding provision of the amended Local Courts Act, and(c) to any act, matter or thing referred to in a repealed provision or a renumbered provision extends to the corresponding act, matter or thing referred to in the corresponding provision of the amended Criminal Procedure Act or amended Local Courts Act.
(2) The regulations may provide that a reference in any other Act or instrument or a specified instrument to a repealed provision or a renumbered provision is to be read as a reference to another specified instrument (or a specified provision of such an instrument).
In any Act or statutory rule under which a function is conferred on one or more justices (other than an authorised justice), a reference to a justice in connection with the function is taken to be a reference to a Magistrate or Local Court, if the function is, because of the 2001 amending Acts, instead conferred on a Magistrate or Local Court.
An act, matter or thing done or omitted to be done by a justice (other than a Magistrate or an authorised justice within the meaning of the Search Warrants Act 1985 ) before the commencement of this clause in accordance with a provision of an Act or a statutory rule continues to have effect after that commencement as if the Act, matter or thing were done by an authorised officer or a Magistrate (as the case requires).
(1) The provisions of the amended Criminal Procedure Act, and any instruments made under that Act, apply to or in relation to proceedings for an offence committed before the commencement of this clause, if proceedings for the offence were not commenced before the commencement of this clause.
(2) The provisions of the old Act and the Justices Act 1902 , and any instruments made under those Acts, continue to apply to or in relation to proceedings for an offence committed before the commencement of this clause, if proceedings for the offence were commenced before the commencement of this clause.
(3) For the purposes of this clause, proceedings are taken to have been commenced in respect of an offence if an information was laid or a complaint made, or an attendance notice issued, in relation to the offence, before the commencement of this clause.
(4) This clause applies to all proceedings for offences (including committal proceedings).
(5) This clause does not apply to or in respect of Parts 4A, 5, 5A and 5B of the Justices Act 1902 .
Without limiting the generality of any other provision of this Part, the provisions of the old Act and any instrument made under that Act continue to apply to or in relation to--
(a) requiring the appearance of accused persons, witnesses and other persons at proceedings relating to offences to which the old Act and the Justices Act 1902 continue to apply, and
(b) the issue and enforcement of and requirements for warrants of apprehension and commitment relating to offences to which the old Act and the Justices Act 1902 continue to apply, and
(c) the service of process and other documents relating to offences to which the old Act and the Justices Act 1902 continue to apply.
A warrant issued under the Justices Act 1902 before the commencement of this clause and in force before that commencement continues to have effect, and may be executed and enforced, as if that Act were still in force.
Without limiting the generality of any other provision of this Part, the provisions of the Justices Act 1902 and any instrument made under that Act continue to apply to or in relation to--
(a) orders for, and the payment of, costs by accused persons or other persons in any proceedings commenced under that Act before the commencement of this clause, and
(b) the enforcement of any such order.
A provision of an Act or a statutory instrument that confers on a person or body the same protection and immunities as a justice of the peace (however expressed) is taken to confer on the person or body--
(a) the same protection and immunities as are conferred on a Magistrate, if the protection and immunities are conferred in respect of the exercise of judicial functions or functions required to be exercised judicially, or
(b) the same protection and immunities as are conferred on a registrar of a Local Court, if the protection and immunities are conferred in respect of the exercise of any other function.
A provision of an Act or a statutory rule relating to the making or use (including the admissibility) of a deposition of a witness made before the commencement of this clause, and in force immediately before that commencement, continues to apply to a deposition made in accordance with any applicable law before the commencement of this clause.
References in an Act (other than this Act), in any instrument made under an Act or in any other instrument, to an expression listed in Column 1 of the Table to this clause are taken to be references to the expression listed next to that expression in Column 2 of the Table.
| Old expression | New expression |
| justices in petty sessions | Local Court |
| summary proceedings before justices | summary proceedings before a Local Court |
| Act regulating summary proceedings before justices | Criminal Procedure Act
1986 , if the reference relates to proceedings for an offence Local Courts Act 1982 , if the reference relates to any other proceedings |
| clerk of courts of petty sessions or clerk of petty sessions | registrar of a Local Court |
| clerk of a Local Court | registrar of a Local Court |
| laying an information for an offence, if the reference is to an offence required to be dealt with by a Local Court | issuing and filing a court attendance notice |
| making a complaint or issuing a summons, if the reference is to an offence to be dealt with by a Local Court (other than under the Local Courts (Civil Claims) Act 1970 ) | issuing and filing a court attendance notice |
| making a complaint or issuing a summons, if the reference is to a matter required to be dealt with by a Local Court (other than an offence under the Local Courts (Civil Claims) Act 1970 ) | issuing and filing an application notice |
| issue of an attendance notice for an offence, if the reference is to an offence required to be dealt with by a Local Court | issuing and filing a court attendance notice |
| warrant of apprehension or warrant to apprehend, if the reference is to a warrant issued under the Justices Act 1902 | arrest warrant |
| deposition, if the reference is to evidence given by a witness before a Magistrate or Local Court | transcript of evidence |
(1) Nothing in the 2001 amending Acts affects the appointment of any existing authorised justice and any such person is taken to have been appointed under the Search Warrants Act 1985 , as amended by the Justices Legislation Repeal and Amendment Act 2001 .
(2) In this clause--
"existing authorised justice" means a person who was, immediately before the commencement of the amendments made to section 3 of the Search Warrants Act 1985 by the Justices Legislation Repeal and Amendment Act 2001 , an authorised justice within the meaning of the Search Warrants Act 1985 .
In this Part--
"amending Act" means the Criminal Procedure Further Amendment (Evidence) Act
2005 .
(1) The amendments made by the amending Act to the definitions of
"prescribed sexual offence" in section 3 (1),
"child sexual assault offence" in section 91 and
"sexual assault offence" in section 295 extend to proceedings in respect of an offence, and to civil proceedings (insofar as the amendments are relevant to civil proceedings), that were instituted or partly heard before the commencement of the amendments.Note : Division 1B of Part 3.10 of Chapter 3 of the Evidence Act 1995 applies the definition of
"sexual assault offence" in section 295 to certain civil proceedings.
(2) Subclause (1) does not affect the admissibility of any evidence admitted in proceedings before the commencement of those amendments or otherwise affect the validity of anything done, or omitted to be done, before that commencement.
(3) In particular, the application, as a result of an amendment referred to in subclause (1), of section 91 (8) or 93 to proceedings to which it did not apply before the commencement of Schedule 1 [1[#93] to the amending Act does not affect the validity of any direction given under section 91 before that commencement. However if, as a result of an amendment referred to in subclause (1), section 91 (8) or 93 applies in respect of a person directed to attend committal proceedings, and the person has not yet attended, the Magistrate must, on application by the prosecutor, revoke the direction.
(4) The amendments made to Division 3 of Part 5 of Chapter 6 by the amending Act extend to proceedings for a new trial ordered before the commencement of the amendments, including new trial proceedings that have been instituted or partly heard.
(1) Section 275A, as inserted by the amending Act, extends to proceedings instituted or partly heard before the commencement of that section.
(2) However, that section does not affect the admissibility of any evidence admitted in any proceedings before that commencement or otherwise affect the validity of anything done, or omitted to be done, before that commencement.
Part 2A of Chapter 6, as inserted by the amending Act, extends to a criminal investigation instituted, or criminal proceedings instituted or partly heard, before the commencement of that Part.
(1) New section 291, and sections 291A, 291B and 291C as inserted by the amending Act, extend to proceedings instituted or partly heard before the commencement of new section 291, subject to this clause.
(2) The replacement of former section 291 by the amending Act does not affect the validity of any direction made under that section before the replacement of that section that requires the proceedings to be held partly or entirely in camera.
(3) However, unless the court has already directed under former section 291 that the evidence of the complainant be given in camera, new section 291 applies in respect of any evidence given by the complainant after the commencement of new section 291. That is, such evidence must be given in camera unless the court otherwise directs under new section 291.
(4) In this clause--
"former section 291" means section 291, as in force before its replacement by the amending Act.
"new section 291" means section 291, as inserted by the amending Act.
The amendments made by the amending Act to section 294B and section 294C, as inserted by the amending Act, extend to proceedings instituted or partly heard before the commencement of those amendments.
In this Part--
"applicable signing provision" means section 126 or any corresponding
provisions of this Act previously in force that applied to the signing of
indictments at the time concerned.
"introduction day" means the day on which the Bill for the
Criminal Procedure Amendment (Prosecutions) Act 2005 was first introduced
into Parliament.
"relevant period" means the period commencing on 13 July 1987 and ending
immediately before the introduction day.
(1) This clause applies to an indictment signed by a legal practitioner during the relevant period that purports to be signed for and on behalf of the Director of Public Prosecutions in circumstances where--(a) the legal practitioner was instructed to prosecute the criminal proceedings to which the indictment related on behalf of the Director of Public Prosecutions, and(b) the legal practitioner was not authorised by or under the applicable signing provision to sign the indictment for and on behalf of the Director of Public Prosecutions.
(2) Any indictment to which this clause applies that, but for this subclause, would have been invalid only because it had not been signed by a person authorised to sign it under the applicable signing provision, is taken at the time it was signed and at all relevant times after it was signed to have been a valid indictment.
(3) Without limiting subclause (2), any criminal proceedings (including any conviction or acquittal of the defendant or sentence imposed on the defendant) that would otherwise have been invalid or a nullity only because the proceedings related to an indictment validated by subclause (2) are taken to be, and always to have been, valid.
(4) However, nothing in this clause affects the validity of a particular indictment to which this clause applies or criminal proceedings relating to such an indictment if the indictment or proceedings (or both) were held to be invalid or a nullity before the introduction day in a judgment, order or other decision of a court.
(1) Section 130A, as inserted by the amending Act, applies only to pre-trial orders made after the commencement of that section (irrespective of when the relevant sexual offence proceedings commenced).
(2) In this clause,
"amending Act" means the Criminal Procedure Amendment (Sexual Offence Case Management) Act 2005 .
In this Part--
"amending Act" means the Courts Legislation Amendment Act 2006 .
(1) An amendment made to this Act by the amending Act does not extend to proceedings instituted before the commencement of that amendment.
(2) Such proceedings may be dealt with as if the amendment had not commenced.
(1) The amendments made by the Criminal Procedure Amendment (Sexual and Other Offences) Act 2006 do not extend to any proceedings commenced before the commencement of the amendments and any such proceedings may continue as if that Act had not been enacted.
(2) This clause does not apply to the amendments inserted by Schedule 1 [10[#93] to the Criminal Procedure Amendment (Sexual and Other Offences) Act 2006 .
Section 179 (3), as inserted by the Crimes and Courts Legislation Amendment Act 2006 , extends to a summary offence that relates to the death of a person before the commencement of that subsection, but only if the period for commencement of proceedings in relation to the offence under section 179 (1) has not expired on the commencement of section 179 (3).
Section 237 (1A)-(1C), as inserted by the Crimes and Courts Legislation Amendment Act 2006 , does not apply to a warrant issued before the commencement of those provisions and any such warrant expires at the end of 20 years from the date of issue.
In this Part--
"amending Act" means the Criminal Procedure Amendment (Vulnerable Persons)
Act 2007 .
The amendments made to this Act by the amending Act do not extend to any proceedings commenced before the commencement of the amendments and any such proceedings are to be dealt with as if the amending Act had not been enacted.
Any proceedings to which the Evidence (Children) Act 1997 applied that were pending immediately before the repeal of that Act by the amending Act are to continue to be dealt with as if that Act had not been repealed.
The amendment made to section 265 by the Criminal Procedure Amendment (Local Court Process Reforms) Act 2007 does not extend to proceedings commenced before the commencement of the amendment and such proceedings may continue as if that amendment had not been enacted.
(1) An amendment made to section 275A or 294 by the Evidence Amendment Act 2007 does not apply in relation to any proceeding the hearing of which began before the commencement of the amendment.
(2) Sections 275A and 294, as in force immediately before the commencement of the amendment, continue to apply to proceedings the hearing of which began before that amendment.
(1) The amendments made to Division 3 of Part 3 of Chapter 3 by the Criminal Legislation Amendment Act 2007 do not apply in respect of any pre-trial disclosure that is carried out pursuant to an order made by the court under section 136 before the commencement of the amendments.
(2) The amendments made to sections 150 and 151 by the Criminal Legislation Amendment Act 2007 do not apply in respect of a trial that was listed for hearing before the commencement of the amendments.
The amendments made to sections 205 and 208 by the Criminal Legislation Amendment Act 2007 apply only to the dismissal of a matter on or after the commencement of the amendments.
Section 170, as amended by Schedule 7 to the Courts and Crimes Legislation Further Amendment Act 2008 , does not apply to proceedings commenced before the commencement of that Schedule.
The substitution of section 130A by the Criminal Procedure Amendment (Case Management) Act 2009 applies only in respect of proceedings in which the indictment was presented or filed on or after that substitution.
(1) Division 3 of Part 3 of Chapter 3, as substituted by the Criminal Procedure Amendment (Case Management) Act 2009 , applies only in respect of proceedings in which the indictment was presented or filed on or after that substitution.
(2) Division 3 of Part 3 of Chapter 3, as in force before its substitution by the Criminal Procedure Amendment (Case Management) Act 2009 , continues to apply in respect of proceedings in which the indictment was presented or filed before that substitution.
(1) Part 4A of Chapter 6, as inserted by the Crimes Amendment (Child Pornography and Abuse Material) Act 2010 , extends to proceedings instituted or partly heard before the commencement of that Part, which were not finally disposed of before that commencement.
(2) Accordingly, that Part extends to offences under Division 15A of Part 3 of the Crimes Act 1900 alleged to have been committed before the commencement of Part 4A of Chapter 6.
A reference in this Act to child abuse material includes a reference to child pornography within the meaning of section 91H of the Crimes Act 1900 (as in force before that section was replaced by the Crimes Amendment (Child Pornography and Abuse Material) Act 2010 ).
(1) Section 294D, as inserted by the Crimes Amendment (Child Pornography and Abuse Material) Act 2010 , extends to proceedings instituted or partly heard before the commencement of that section, which were not finally disposed of before that commencement.
(2) However, section 294D does not affect the admissibility of any evidence given in proceedings before the commencement of that section or otherwise affect the validity of anything done, or omitted to be done, before that commencement.
The amendment made by the Courts and Crimes Legislation Amendment
Act 2010 to the definition of
"offence involving violence" in section 94 applies in respect of
committal proceedings that a Magistrate first starts to hear after the
commencement of the amendment.
(1) The amendments made to this Act by Schedule 12.1 [1[#93]-[3[#93] to the amending Act extend to proceedings commenced but not completed before the commencement of those amendments.
(2) However, subclause (1) does not affect the admissibility of any evidence given in proceedings before the commencement of those amendments or otherwise affect the validity of anything done, or omitted to be done, before that commencement.
(3) The amendments made to this Act by Schedule 12.1 [4[#93]-[7[#93] to the amending Act do not extend to proceedings in a court if the proceedings have commenced in that court before the commencement of those amendments.
(4) In this clause--
"amending Act" means the Courts and Crimes Legislation Further Amendment Act 2010 .
The amendment made to section 56 by the Courts and Crimes Legislation Further Amendment Act 2010 applies only to committal proceedings instituted on or after the commencement of the amendment.
Section 132, as in force before its substitution by the Courts and Crimes Legislation Further Amendment Act 2010 , continues to apply to criminal proceedings that were commenced in the Supreme Court or District Court before that substitution.
An amendment made to Schedule 1 by the Courts and Crimes Legislation Further Amendment Act 2010 applies only in respect of an offence that is committed, or alleged to have been committed, on or after the commencement of the amendment.
A provision of Division 2A of Part 5 of Chapter 4 applies only in respect of proceedings that commence on or after the commencement of that provision.
(1) An amendment made to section 267 or 268 by the Courts and Crimes Legislation Amendment Act 2012 applies only in respect of an offence that is committed, or alleged to have been committed, on or after the commencement of the amendment.
(2) An amendment made to Schedule 1 by the Courts and Crimes Legislation Amendment Act 2012 extends to an offence that was committed, or alleged to have been committed, before the commencement of the amendment unless the accused person has been committed for trial or sentence before that commencement.
(1) The amendments made to Part 4A of Chapter 6 by the Courts and Crimes Legislation Amendment Act 2012 extend to proceedings instituted or partly heard before the commencement of the amendments, which were not finally disposed of before that commencement.
(2) Accordingly, that Part as so amended extends to offences under Division 15A of Part 3 of the Crimes Act 1900 alleged to have been committed before the commencement of the amendments to Part 4A of Chapter 6.
The amendments made to Part 2A of Chapter 6 by the Crimes Legislation Amendment Act 2012 extend to a criminal investigation instituted, or criminal proceedings instituted or partly heard, before the commencement of Schedule 2 to that Act.
The amendments made by the Criminal Procedure Amendment (Court Costs Levy) Act 2013 extend to proceedings commenced but not finally determined immediately before the commencement of the amendments.
(1) The Minister is to ensure that the operation of the amendments made by the Criminal Procedure Amendment (Court Costs Levy) Act 2013 are reviewed to determine whether the policy objectives of those amendments remain valid and whether the relevant terms of this Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 12 months from the date of commencement of section 211A.
In this
Part,
"amending Act" means the Criminal Procedure Amendment (Mandatory Pre-trial
Defence Disclosure) Act 2013 .
(1) An amendment of Division 3 of Part 3 of Chapter 3 by the amending Act applies only in respect of proceedings in which the indictment was presented or filed on or after the commencement of the amendment.
(2) Accordingly, a provision of Division 3 of Part 3 of Chapter 3, as in force before its amendment by the amending Act, continues to apply in respect of proceedings in which the indictment was presented or filed before the commencement of the amendment.
(1) The Minister is to review the amendments made by the amending Act to determine--(a) whether they have been effective in reducing delays in proceedings on indictment, and(b) whether they have been effective in promoting the efficient management and conduct of trials, and(c) whether the interests of justice have been affected in relation to parties to proceedings on indictment, and(d) the cost impacts of the procedures.
(2) The review is to be undertaken as soon as possible after the period of 2 years from the commencement of this clause.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
In this Part--
"amending Act" means the Criminal Procedure Amendment (Summary Proceedings
for Indictable Offences) Act 2016 .
"former provisions" means clauses 6, 7 and 8 of Table 1 of Schedule 1 to this
Act as in force before the commencement of Schedule 1 [2[#93] to the amending
Act.
(1) Each of the former provisions continues to apply in relation to proceedings for offences alleged to have been committed before the repeal of section 5 of the Crimes Act 1900 .Note : Section 5 of the Crimes Act 1900 defined the term
"maliciously" for the purposes of that Act and was repealed by the Crimes Amendment Act 2007 .
(2) A reference in any of the former provisions to maliciously is taken to have always included a reference to intentionally or recklessly for offences alleged to have been committed on or after the repeal of section 5 of the Crimes Act 1900 .
(3) Clause 8A of Table 1 of Schedule 1 to this Act does not apply to proceedings for offences for which alleged offenders were charged before the commencement of that clause.
An amendment made to Schedule 1 to this Act by the Justice Legislation Amendment Act 2018 does not apply to proceedings for an offence that commenced before the commencement of that amendment.
In this Part--
"amending Act" means the Justice Legislation Amendment (Committals and Guilty
Pleas) Act 2017 .
"existing proceedings" means committal proceedings for an offence commenced
before the substitution of the former committal provisions by the amending
Act.
"former committal provisions" means Divisions 2-5 of Part 2 of Chapter 3 of
this Act, as in force before their substitution by the amending Act.
The former committal provisions continue to apply to existing proceedings as if those provisions had not been substituted by the amending Act.
This Act, as amended by the amending Act, extends to proceedings for an offence committed before the substitution of the former committal provisions by the amending Act, if proceedings for the offence commence on or after the substitution of the former committal provisions.
In this Part,
"amending Act" means the Justice Legislation Amendment Act (No 2) 2018 .
Section 279, as amended by the amending Act, does not apply in relation to proceedings the hearing of which began before the section was amended. Section 279, as in force before it was amended, continues to apply in relation to such proceedings.
Part 2B of Chapter 6, as inserted by the amending Act, extends to a criminal investigation or criminal proceedings commenced but not finally determined before the commencement of that Part.
Section 298A, as inserted by the amending Act, extends to proceedings commenced but not finally determined before the commencement of that section.
(1) An amendment made by the amending Act applies only in respect of proceedings in which the indictment was presented or filed after the commencement of the relevant amendment.
(2) Accordingly, a provision of Division 3 of Part 3 of Chapter 3, as in force before its amendment by the amending Act, continues to apply in respect of proceedings in which the indictment was presented or filed before the commencement of the relevant amendment.
(3) In this clause--
"amending Act" means the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2018 .
In this Part,
"amending Act" means the Justice Legislation Amendment Act (No 3) 2018 .
The amendments made to section 179 by the amending Act do not apply in respect of a back up summary offence if the conviction for the related indictable offence is set aside by the District Court on appeal before the commencement of the amendments.
(1) Part 6 of Chapter 6, as amended by the amending Act, extends to an interview carried out, or a recording made, by an interstate investigating official before the commencement of the amendments to that Part made by that Act.
(2) An
"interstate investigating official" means a person who is an investigating official because of the amendments to section 306M made by the amending Act.
Clause 14 of Schedule 3, as in force immediately before its substitution by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 , continues to apply in respect of an offence committed before that substitution.
An amendment made to this Act by the Crimes Legislation Amendment (Victims) Act 2018 applies only to proceedings commenced after the commencement of the amendment.
(1) If, before the commencement of this clause, relevant evidence was given and recorded at a hearing in the absence of the jury (if any), the evidence is taken to have been given at a pre-recorded evidence hearing under Division 2 of Part 5 of Chapter 7.
(2) Evidence given at a pre-recorded evidence hearing under Division 2 of Part 5 of Chapter 7 may be heard or viewed, in accordance with that Division, at a hearing that takes place after the Division is repealed as if it were still in force.
(3) In this clause--
"relevant evidence" means evidence of a relevant witness in a trial proceeding that, if given after the commencement of this clause, would be evidence given at a pre-recorded evidence hearing under Division 2 of Part 5 of Chapter 7.
(1) The original evidence of a witness recorded in a proceeding before the commencement of this clause is, for the purposes of Division 3 of Part 5 of Chapter 7, to be treated in the same way as the original evidence of a witness recorded after the commencement.
(2) The original evidence of a witness may be heard or viewed, in accordance with Division 3 of Part 5 of Chapter 7, at a hearing that takes place after the Division is repealed as if it were still in force.
Section 29A does not apply to proceedings, the hearing of which began before the commencement of that section.
Section 150, as in force immediately before its amendment by the Stronger Communities Legislation Amendment (Miscellaneous) Act 2020 , continues to apply to a trial on indictment if on the commencement of the amendment there are 42 days, but not more than 70 days, before the trial is listed for hearing.
(1) The relevant amendments do not apply to proceedings the hearing of which began before the commencement of the relevant amendments.
(2) In this clause--
"relevant amendments" means the amendments made by Schedule 2[7[#93] and [11[#93] to the Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 .
The amendment made by the Crimes Legislation Amendment (Loss of Foetus) Act 2021 , Schedule 3[1[#93] does not apply to proceedings that commenced before the commencement of the Schedule.
An amendment made to this Act by the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 extends to proceedings for an offence committed, or alleged to have been committed, before the commencement of the amendment but not if the hearing of the proceedings began before the commencement of the amendment.
(1) Subject to subclause (2), an amendment made by the amending Act to another provision of this Act or the regulations under this Act extends to proceedings commenced, but not yet committed for trial or sentence, before the commencement day for the amendment.
(2) An existing DPP disclosure certificate relating to an offence in proceedings to which subclause (1) applies may be used as verification of compliance disclosure for section 66(2)(b), as inserted by the amending Act, relating to the offence in the proceedings.
(3) In this clause--
"amending Act" means the Criminal Procedure Legislation Amendment (Prosecution of Indictable Offences) Act 2022 .
"commencement day" , for an amendment made to another provision of this Act or the regulations under this Act, means the day on which the amendment commences.
"existing DPP disclosure certificate" means a certificate mentioned in section 66(2)(b), as in force immediately before its substitution by the amending Act, that was issued before the commencement of the substitution.
In this part--
"commencement" means the commencement of this part.
"Court" means the District Court.
"prescribed place" means a prescribed place within the meaning of Part 29
immediately before the commencement.
Note--: Newcastle and Downing Centre, Sydney were prescribed places within the meaning of Part 29 immediately before the commencement.
(a) before the Court sitting at a prescribed place, and
(b) that relate to a prescribed sexual offence whenever committed or, if the proceedings relate to more than 1 offence, at least 1 prescribed sexual offence whenever committed.
(a) before the Court sitting at a relevant place, and
(b) that relate to a prescribed sexual offence whenever committed or, if the proceedings relate to more than 1 offence, at least 1 prescribed sexual offence whenever committed.
(1) This clause applies if prescribed proceedings were commenced in either of the following ways--(a) a court attendance notice filed before the commencement,(b) an indictment presented before the commencement.
(2) The previous provisions continue to apply to the prescribed proceedings.
(1) This clause applies to prescribed proceedings commenced in either of the following ways--(a) a court attendance notice filed on or after the commencement,(b) an indictment presented on or after the commencement.
(2) Chapter 6, Part 5, Division 1A applies to the prescribed proceedings.
(1) This clause applies to relevant proceedings commenced in either of the following ways--(a) by a court attendance notice filed, or an indictment presented, on or after the commencement,(b) by a court attendance notice filed, or an indictment presented, before the commencement but only if the matter was not committed for trial before the commencement.
(2) Chapter 6, Part 5, Division 1A applies to the relevant proceedings.