South Australian Numbered Acts

STATUTES AMENDMENT (ABOLITION OF DEFENCE OF PROVOCATION AND RELATED MATTERS) ACT 2020 (NO 43 OF 2020) - SCHEDULE 1

Schedule 1—Transitional provisions

1—Transitional provision—amendments to Criminal Law Consolidation Act 1935

Section 15B(2) of the Criminal Law Consolidation Act 1935

(as enacted by this Act) will be taken not to apply in relation to a trial that commenced before the commencement of this clause.

2—Transitional provisions—amendments to Evidence Act 1929

        (1)         Subject to subclause (2)

, Part 3 Division 4 of the Evidence Act 1929

(as enacted by this Act) applies in relation to—

            (a)         proceedings for an offence commenced but not determined before the commencement of this clause; and

            (b)         proceedings for an offence commenced after the commencement of this clause (whether the offence was committed before or after that commencement).

        (2)         Section 34Y of the Evidence Act 1929

(as enacted by this Act) will be taken not to apply in relation to a trial that commenced before the commencement of this clause.

3—Transitional provision—amendments to Sentencing Act 2017

Section 48 of the Sentencing Act 2017

(as amended by this Act) applies in relation to a non-parole period in respect of an offence where—

            (a)         proceedings for the offence were commenced but not determined before the commencement of this clause; and

            (b)         proceedings for an offence commenced after the commencement of this clause (whether the offence was committed before or after that commencement).