Victorian Current Acts Victorian Current ActsSchedule 1—Transitional provisions
(1) A provision of this Act (other than Division 1
of Part 5) applies to a trial that commences
(within the meaning of section
210 of the Criminal Procedure Act 2009 ) on or after the day on which that
provision comes into operation.
(2) Division 1 of Part 5 applies to a proceeding that relates to a charge for an offence alleged to have been committed on or after the commencement of that Division.
(3) For the purposes of subclause (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of Division 1 of Part 5, the offence is alleged to have been committed before that commencement.
(4) Notes inserted in the Evidence Act 2008 by Division 2 of Part 10 of this Act do not form part of that Act.
Sch. 1 cl. 2 inserted by No. 47/2016 s. 30.
2 Crimes Amendment (Sexual Offences) Act 2016
(1) The amendments made to this Act by sections 27 and 28 of the Crimes Amendment (Sexual Offences) Act 2016 apply only to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act 2009 ) on or after the day on which those sections come into operation if the offence to which the trial relates is alleged to have been committed on or after the commencement of Division 1 of Part 5.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of Division 1 of Part 5, it is alleged to have been committed before that commencement.
Sch. 1 cl. 3 inserted by No. 6/2017 s. 17.
3 Crimes Legislation Further Amendment Act 2017
The amendments made to this Act by Part 5 of the Crimes Legislation Further Amendment Act 2017 apply to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act 2009 ) on or after the day on which Part 5 of the Crimes Legislation Further Amendment Act 2017 comes into operation.
Sch. 1 cl. 4 inserted by No. 37/2017 s. 10.
4 Jury Directions and Other Acts Amendment Act 2017
(1) The amendments made to this Act by a provision of the Jury Directions and Other Acts Amendment Act 2017 apply to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act 2009 ) on or after the day on which that provision comes into operation.
(2) Section 4A as inserted by section 3 of the Jury Directions and Other Acts Amendment Act 2017 applies, on and after the commencement of section 3 of that Act, to a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after that commencement.
(3) In this section—
"specified day" means—
(a) for a committal proceeding under the Criminal Procedure Act 2009 , the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005 , the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).
Sch. 1 cl. 5 inserted by No. 42/2018 s. 34.
5 Victims and Other Legislation Amendment Act 2018
(1) The amendments made to this Act by a provision of the Victims and Other Legislation Amendment Act 2018 apply to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009 ) on or after the day on which that provision comes into operation; and
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the day on which that provision comes into operation.
(2) In this section—
"specified day" means—
(a) for a committal proceeding under the Criminal Procedure Act 2009 , the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005 , the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).
Sch. 1 cl. 6 inserted by No. 38/2022 s. 94.
6 Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022
(1) An amendment made to this Act by a provision of Part 2 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009 ) on or after the commencement of that provision of Part 2; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 2—
if the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed on or after the commencement of that provision of Part 2.
(2) An amendment made to section 46 or 47 by a provision of Part 4 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009 ) on or after the commencement of that provision of Part 4; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 4—
if the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed on or after the commencement of that provision of Part 4.
Sch. 1 cl. 6(2A) inserted by No. 26/2023 s. 62(1).
(2A) On and after the commencement of Part 8 of the Justice Legislation Amendment Act 2023 , subclause (2) no longer applies.
Note
See clause 7(1) for the transitional arrangements that apply to the amendments referred to in subclause (2) on and after the commencement of Part 8 of the Justice Legislation Amendment Act 2023 .
(3) For the purposes of subsections (1) and (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of either—
(a) a provision of Part 2 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 ; or
(b) a provision of Part 4 of that Act—
it is alleged to have been committed before that commencement.
(4) An amendment made to this Act (other than to section 46 or 47) by a provision of Part 4 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies only to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009 ) on or after the commencement of that provision of Part 4; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 4.
(5) In this section—
"specified day" means—
(a) for a committal proceeding under the Criminal Procedure Act 2009 , the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005 , the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).
Sch. 1 cl. 7 inserted by No. 26/2023 s. 62(2).
7 Justice Legislation Amendment Act 2023
(1) On and after the commencement day, an amendment referred to in clause 6(2) applies to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009 ) on or after that day; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after that day—
irrespective of when the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed.
(2) An amendment made to this Act by sections 60 and 61 of the Justice Legislation Amendment Act 2023 applies only to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009 ) on or after the commencement day; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement day.
(3) In this clause—
"commencement day "means the day on which Part 8 of the Justice Legislation Amendment Act 2023 comes into operation;
"specified day" means—
(a) for a committal proceeding under the Criminal Procedure Act 2009 , the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005 , the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).
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