New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on 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.
In this Part-
"amending Act" means the Children (Criminal Proceedings) Amendment Act 1989 .
(1) An amendment made to this Act by Schedule 1 (3), (5), (6), (8), (12) (b) or (c) or (14) to the amending Act applies to proceedings pending at or commenced after the amendment commences.
(2) An amendment made to this Act by Schedule 1 (7), (10) (a) or (b), (11), (12) (a), (15) or (21) to the amending Act does not apply to proceedings commenced before the amendment commences.
(3) An amendment made by Schedule 1 (13) to the amending Act does not apply to a control order made before the amendment commences.
The amendments made to this Act by Schedule 1 (4) to the amending Act do not apply to any consent given under section 11 of this Act before those amendments commence.
The amendment made to this Act by Schedule 1 (8) (b) to the amending Act does not affect any regulation made for the purposes of section 25 (2) (a) of this Act and in force immediately before that amendment commences.
Sections 18, 40 and 41, as amended by the Crimes Legislation Amendment Act 1998 , extend to-
(a) an order of recognizance under section 33 (1) (b) or (d), and
(b) an order of probation under section 33 (1) (e),made, by a court exercising the functions of the Children’s Court under section 18 (2), before the commencement of those amendments.
Section 11 (4B), as inserted by the Crimes Legislation Amendment (Sentencing) Act 1999 , does not apply to or in respect of a conviction recorded before the commencement of this clause.
Section 41, as amended by the Crimes Legislation Amendment Act 1999 , extends to any failure by a person, after the commencement of Schedule 1 [1[#93] to that Act, to comply with an outcome plan that was determined at conference before that commencement.
Section 33 (1) (c2) and (1B), as inserted by the Crimes Legislation Amendment Act 2000 , extend to proceedings pending at the commencement of those provisions.
Section 19, as substituted by the Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2001 -
(a) applies to persons who are sentenced after the commencement of that Act, and
(b) does not affect any order made before the commencement of that Act.
Section 33D, as inserted by the Justice Legislation Amendment (Non-association and Place Restriction) Act 2001 , does not apply to any offence committed before the commencement of that section.
(1) The amendments made to this Act by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 do not apply to offences committed before the commencement of the amendments.
(2) Part 7 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 also has effect for the purposes of the application of the Crimes (Sentencing Procedure) Act 1999 to offences dealt with under Division 4 of Part 3 of this Act.
Section 33AA, as inserted by the Crimes Legislation Amendment Act 2002 , applies only to a new control order (within the meaning of that section) made in relation to an offence committed after the commencement of that section, and so applies whether or not the existing control order (within the meaning of that section) was made before the commencement of that section.
Section 11, as amended by the Crimes Legislation Amendment Act 2004 , extends to proceedings commenced before the commencement of those amendments.
An order in force under section 19 (1), as in force immediately before its amendment by Schedule 1 [2[#93] to the Juvenile Offenders Legislation Amendment Act 2004 , is taken, on that commencement, to be an order under that section, as so amended.
Section 19 (6), as inserted by Schedule 1 [4[#93] to the Juvenile Offenders Legislation Amendment Act 2004 , does not apply to a warrant of commitment issued before the commencement of that subsection.
Section 11, as amended by the Children (Criminal Proceedings) Amendment (Publication of Names) Act 2007 , applies in relation to proceedings whether commenced before or after the commencement of that Act.
Section 11 does not apply to the publication or broadcast of the names of the following persons in connection with criminal proceedings-
(a) the name of a person that had been published or broadcast before 21 December 2001 (the date on which that section was amended by the Criminal Legislation Amendment Act 2001 ), being a person who was not a child at the time of the publication or broadcast,
(b) the name of a person that had been published or broadcast before 24 March 2004 (the date on which that section was amended by the Crimes Legislation Amendment Act 2004 ), being a person who was deceased at the time of the publication or broadcast.
In this Part-
"amending Act" means the Children (Criminal Proceedings) Amendment Act 2008 .
An amendment made to section 19 by the amending Act applies in respect of any direction made under that section on or after the commencement of the amendment.
(1) An amendment made to section 33 by the amending Act applies only in respect of an offence committed on or after the commencement of the amendment, except as otherwise provided by this clause.
(2) The amendment made to section 33 (1B) by the amending Act relating to the setting of a non-parole period, and the amendment made to section 41A by the amending Act, extend to proceedings commenced (but not concluded) before the commencement of the amendments (including proceedings for offences committed before the commencement of the amendments).
(3) The amendment made to section 41A by the amending Act extends to proceedings in respect of a good behaviour bond entered into before the commencement of the amendment.
(4) The amendment to section 41A does not require a non-parole period in respect of an order under section 33 (1) (g) to be set on termination of a good behaviour bond entered into before the commencement of the amendment if the non-parole period was set at the time that the order under section 33 (1) (g) was suspended.
The amendment made to section 36 by the amending Act applies only in respect of offences committed on or after the commencement of the amendment.
In this Part-
"amending Act" means the Children (Criminal Proceedings) Amendment (Youth
Conduct Orders) Act 2008 .
Part 4A, as inserted by the amending Act, extends to a relevant offence (within the meaning of that Part) committed, or alleged to have been committed, by a child before the commencement of that Part, but only if the child is charged with the offence (within the meaning of that Part) after that commencement.
The provisions of section 26 of the Interpretation Act 1987 apply in relation to a power to make an instrument that is to be conferred by an uncommenced amendment to the Children (Criminal Proceedings) Regulation 2005 made by the amending Act in the same way as they apply to powers to make instruments conferred by uncommenced amendments to Acts.
Note : Section 26 of the Interpretation Act 1987 enables a power to make instruments of a legislative or administrative character that is to be conferred by an enacted but uncommenced amendment to an Act to be exercised before the amendment commences. Any such instrument will have effect on the commencement of the amendment.
The amendments made to section 41 by the Courts Legislation Amendment Act 2010 extend to a failure of a person of the kind referred to in section 41 (1A) (as inserted by that Act) occurring before the commencement of the amendments.
In this Part-
"amending Act" means the Courts and Crimes Legislation Further Amendment Act
2010 .
"commencement day" means the day on which Schedule 4.1 to the amending Act
commences.
Part 4A of the Act and Part 2 of the Children (Criminal Proceedings) Regulation 2005 , as amended by the amending Act, extend to a relevant offence (within the meaning of the amended Part 4A of the Act) committed, or alleged to have been committed, by a child before the commencement day, but only if-
(a) the child has not yet been charged with the offence immediately before the commencement day, or
(b) where the child was charged with the offence before the commencement day-the child has not yet-(i) pleaded guilty to (or been found guilty of) the offence, or(ii) had a penalty imposed by the Children’s Court for the offence.
(1) Section 48Q (as amended by the amending Act) extends to youth conduct orders made before the commencement day that are revoked on or after that day.
(2) Section 48R (as amended by the amending Act) extends to-(a) any application made under that section that is pending immediately before the commencement day, and(b) any application made under that section that is made on or after the commencement day in relation to a final youth conduct order made before that day.
Section 48U (as amended by the amending Act) extends to any information obtained before, on or after the commencement day in connection with the administration of the Anti-Social Behaviour Pilot Project (which was the previous name of the SCSF Program).
Sections 27 (2A) and 42A extend to proceedings commenced but not finally determined immediately before the commencement of those provisions.
In this Part-
"amending Act" means the Justice Legislation Amendment (Committals and Guilty
Pleas) Act 2017 .
"existing proceedings" means proceedings for an indictable offence commenced
under this Act before the amendment of the former committal provisions by the
amending Act.
"former committal provisions" means Divisions 2-5 of Part 2 of Chapter 3 of
the Criminal Procedure Act 1986 and Division 3 of Part 3 of this Act, as in
force before the substitution or amendment of those provisions by the amending
Act.
The former committal provisions continue to apply to existing proceedings as if those provisions had not been amended by the amending Act.
This Act, as amended by the amending Act, extends to proceedings for an offence committed before the amendment of Division 3 of Part 3 of this Act by the amending Act, if proceedings for the offence commenced on or after that amendment.
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.