New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 46

46 Transitional provision--repeal of section 25B and re-enactment as summary offence

(1) An offence under section 25B, and any related offence, is taken to be, and to always have been, an offence that is required to be prosecuted summarily before the Local Court.

(2) Subsection (1) does not apply to an offence if an indictment for the offence was presented or filed before the commencement of this section.

(3) If an indictment for an offence under section 25B, or any related offence, was presented or filed before the commencement of this section and proceedings on the indictment have not commenced, the court may remit the matter to the Local Court to be disposed of summarily if it considers it is in the interests of justice to do so.

(4) This section does not affect the validity of anything done or omitted before the commencement of this section in connection with proceedings for an offence that, but for subsection (1), would have been validly done or omitted.

(5) Despite section 179 of the Criminal Procedure Act 1986 , proceedings for an offence to which subsection (1) applies may be commenced not later than 6 months after the commencement of this section.

(6) A reference to section 25B is a reference to section 25B, as in force before its repeal by the Crimes Legislation Amendment Act 2014 .

(7) In this section--

"related offence" means--

(a) an offence under section 26 of conspiring to commit an offence under section 25B, or

(b) an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence against section 25B, or

(c) an offence under section 28 of conspiring to commit an offence under a provision of a law that corresponds to section 25B, or

(d) an offence under section 28 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence under a provision of a law that corresponds to section 25B, or

(e) an offence under section 43B that is committed if a corporation commits a corporate offence and the corporate offence is an offence under section 25B.