Victorian Current Acts Victorian Current ActsSchedule 8—Savings and transitionals
1 (1) The Magistrates' Court shall be deemed to be the same Court as the several Magistrates' Courts existing immediately before the commencement of Part 2 and no action, matter or thing shall be abated or affected by the change in the establishment or name of the Court.
(2) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court or to Magistrates' Courts is to be taken to refer to the Magistrates' Court.
(3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court held at a particular place is to be taken to refer to the Magistrates' Court sitting at that place or, if the Magistrates' Court does not sit at that place, to the Court sitting at the place that is nearest to that place.
2 (1) Each person who holds office as a magistrate immediately before the commencement of Part 2 holds office as a magistrate under and subject to this Act on and from that commencement without any further appointment.
(2) Each person who holds office as Chief Magistrate or Deputy Chief Magistrate immediately before the commencement of Part 2 holds office as Chief Magistrate or Deputy Chief Magistrate (as the case requires) under and subject to this Act on and from that commencement without any further appointment.
(3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a police magistrate or to a stipendiary magistrate is to be taken to refer to a magistrate.
3 (1) Each person who holds office as a clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
(2) Each person who holds office as a deputy clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a deputy registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
(3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a clerk of a Magistrates' Court is to be taken to refer to a registrar of the Court.
(4) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a deputy clerk of a Magistrates' Court is to be taken to refer to a deputy registrar of the Court.
Sch. 8 cl. 4 amended by No. 69/2009 s. 54(Sch. Pt 1 item 34.11).
4 Unless the context otherwise requires, any reference in any Act (other than this Act, the Evidence Act 2008 or the Evidence (Miscellaneous Provisions) Act 1958 ) or in any subordinate instrument to a justice of the peace is to be taken to refer to a magistrate.
5 If by any Act (other than this Act) or by any subordinate instrument a procedure is prescribed for or in relation to any proceeding in the Court or for or in relation to any step or process in such a proceeding and there is prescribed by this Act or the Rules a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by this Act or the Rules applies despite the provisions of that Act or subordinate instrument.
6 A civil proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with the Rules and not otherwise.
7 A criminal proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with this Act and not otherwise.
8 An order made by the Court in a civil proceeding (other than an order made under the Imprisonment of Fraudulent Debtors Act 1958 or the Judgment Debt Recovery Act 1984 ) must be enforced in accordance with this Act and the Rules and not otherwise.
9 If by or under any Act other than this Act any jurisdiction, power or authority is vested in a magistrate—
(a) that jurisdiction, power or authority may be exercised in accordance with this Act and the Rules by the Court in all respects as that magistrate might have done; and
(b) the Court constituted in accordance with this Act and the Rules has jurisdiction, power or authority co-ordinate with the jurisdiction, power or authority of the magistrate.
10 If by or under any Act other than this Act any jurisdiction, power or authority is vested in a Magistrates' Court or in any magistrate or justice of the peace by the use of the words "a Magistrates' Court", "a Magistrates' Court constituted by a magistrate", "a magistrate proceeding in chambers", "a magistrate" or "a justice" or by any words referring to a Magistrates' Court or to any magistrate or justice of the peace, that jurisdiction, power or authority may be exercised by the Court in accordance with this Act and the Rules.
11 Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a process, summons, warrant or other thing specified in column 1 of the Table is to be taken to refer to the process, summons, warrant or other thing specified opposite it in column 2 of the Table.
TABLE
|
Column 1 |
Column 2 |
|
Information |
Charge |
|
Preliminary examination |
Committal proceeding |
|
Warrant to apprehend |
Warrant to arrest |
|
Warrant to search |
Search warrant |
|
Warrant of distress |
Warrant to seize property |
|
Warrant of commitment |
Warrant to imprison, warrant to detain in a youth training centre or remand warrant, whichever is appropriate |
12 (1) The Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975 continue, despite their repeal and despite any rule of law to the contrary, to apply to—
(a) any action or matter pending in a Magistrates' Court immediately before the commencement of Part 2 unless at that commencement—
(i) the hearing of that action or matter had not commenced; or
(ii) no evidence had been given on the hearing of that action or matter; and
(b) any re-hearing or review of, or appeal from, any action or matter—
(i) that was concluded before the commencement of Part 2; or
(ii) to which, by virtue of paragraph (a), the Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975 continue to apply; and
(c) the enforcement of any order made in any action or matter referred to in paragraph (b).
(2) Part VIIA of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply to enforcement orders made under that Part before the commencement of section 99 of this Act.
(3) Section 168 of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply in relation to a proceeding for an offence if, at the commencement of section 130, the hearing of that proceeding had commenced.
(4) Subclause (1) applies except as otherwise expressly provided by the Rules with respect to civil proceedings.
13 All fines imposed before the commencement of
section 97 and not recovered before that commencement may be recovered in
all respects
as if this Act had not been passed.
Sch. 8 cl. 14 inserted by No. 49/1990 s. 3, repealed by No. 10/1999 s. 8(4).
* * * * *
Sch. 8 cl. 15 inserted by No. 23/1991 s. 10, repealed by No. 10/1999 s. 8(4).
* * * * *
Sch. 8 cl. 16 inserted by No. 44/1997 s. 31.
16 The amendment of section 58(1)(b) made by section 29 of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 29 of that Act.
Sch. 8 cl. 17 inserted by No. 44/1997 s. 31.
17 The amendment of Schedule 7 made by section 30(2) of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 30(2) of that Act.
Sch. 8 cl. 18 inserted by No. 81/1997 s. 13, repealed by No. 10/1999 s. 8(4).
* * * * *
Sch. 8 cl. 19 inserted by No. 10/1999 s. 24(3).
19 The amendments of section 126 of this Act made by section 24(1) and (2) of the Magistrates' Court (Amendment) Act 1999 apply to proceedings, whether commenced before or after the commencement of that section of that Act.
Sch. 8 cl. 20 inserted by No. 10/1999 s. 7.
20 (1) Schedule 5, as substituted by section 4 of the Magistrates' Court (Amendment) Act 1999 applies only with respect to the hearing of charges filed after the commencement of that section.
(2) Schedule 5, as in force immediately before the commencement of section 4 of the Magistrates' Court (Amendment) Act 1999 , continues to apply, despite its repeal, with respect to the hearing of charges filed before that commencement.
(3) Any amendment of this Act made by a provision of Part 2 of the Magistrates' Court (Amendment) Act 1999 does not alter the nature of a committal proceeding from that existing immediately before the commencement of that provision.
Sch. 8 cl. 21 inserted by No. 10/1999 s. 16.
21 (1) The amendments of this Act made by sections 9, 13 and 14 of the Magistrates' Court (Amendment) Act 1999 apply only with respect to appeals to the County Court where notice of appeal is given on or after 1 July 1999.
(2) The repeal of section 87 effected by section 10 of the Magistrates' Court (Amendment) Act 1999 does not affect an appeal to the County Court where the notice of appeal was given before 1 July 1999.
(3) Section 88AA, as inserted by section 11 of the Magistrates' Court (Amendment) Act 1999 , applies only with respect to appeals to the County Court where notice of appeal is given on or after 1 July 1999.
Sch. 8 cl. 22 inserted by No. 92/2000 s. 10.
22 (1) The amendments of sections 34 and 35 of this Act made by section 4 of the Magistrates' Court (Committal Proceedings) Act 2000 apply only with respect to summonses issued on or after the commencement of that section of that Act.
(2) The amendments of section 56A of this Act made by section 6 of the Magistrates' Court (Committal Proceedings) Act 2000 apply only with respect to applications made under section 56A(1), and to proceedings held under orders made on such applications, on or after the commencement of that section of that Act.
(3) Subject to subclauses (4) to (8), an amendment of Schedule 5 to this Act made by a provision of Part 2 of the Magistrates' Court (Committal Proceedings) Act 2000 applies only with respect to the hearing of charges filed in the Court on or after the commencement of that provision.
(4) If a defendant has given a notice under clause 12(1)(a) of Schedule 5 to this Act before the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 but an application for leave to cross‑examine the witness has not been made before that commencement, the notice has effect on and after that commencement as if it were a notice given in accordance with that clause as amended by that Act and the application for leave shall be made and determined in accordance with Schedule 5 to this Act as amended by that Act.
(5) If an application for leave to cross-examine a witness at a committal proceeding has been refused before the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 but the committal proceeding has not been held before that commencement, the Court may, on the application of the defendant, grant leave to the defendant to give a fresh notice under clause 12(1)(a) of Schedule 5 to this Act as amended by that Act if satisfied that it is in the interests of justice to do so.
(6) Subject to subclause (5), a notice that the defendant intends to seek leave to cross-examine a witness at a committal proceeding may be given, and an application for leave to cross-examine a witness at a committal proceeding may be made, on or after the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 in accordance with Schedule 5 to this Act as amended by that Act, irrespective of when the charge to which the proceeding relates was filed in the Court.
(7) If leave to cross-examine a witness to whom clause 13 of Schedule 5 to this Act applies has been granted before the commencement of section 8 of the Magistrates' Court (Committal Proceedings) Act 2000 but the cross-examination has not commenced before that commencement, the amendment of that Schedule made by that section applies with respect to the cross-examination.
(8) Clause 24A of Schedule 5 to this Act, as inserted by section 9 of the Magistrates' Court (Committal Proceedings) Act 2000 applies irrespective of when the defendant was committed for trial.
Sch. 8 cl. 23 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
23 Any amendment of this Act made by the Magistrates' Court (Infringements) Act 2000 applies to infringement notices, enforcement orders, warrants and custodial community permits issued before as well as after the commencement of that Act.
Sch. 8 cl. 24 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
24 If the operation of clause 23 would result in an enforcement order expiring before the date section 11 of the Magistrates' Court (Infringements) Act 2000 came into operation, the order expires on that date.
Sch. 8 cl. 25 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
25 Despite clauses 23 and 24, if an application to have an application for the revocation of an enforcement order referred to the Court under clause 10(6) of Schedule 7 was pending immediately before section 11 of the Magistrates' Court (Infringements) Act 2000 came into operation, the order remains in force until the registrar refuses the application for referral or, if the referral is made, until the Court revokes or refuses to revoke the order.
Sch. 8 cl. 25 inserted by No. 61/2001 s. 12(2),
re-numbered as Sch.
8 cl. 26 by No. 35/2002 s. 24(a).
26 The amendment of item 49 in Schedule 4 to this Act made by the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 applies to offences alleged to have been committed before as well as after the commencement of that Act.
Sch. 8 cl. 27 inserted by No. 35/2002 s. 24(b).
27 (1) The amendments made to this Act by sections 12, 13, 14, 15, 19 and 20 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 apply to a criminal proceeding commenced on or after the commencement of that Act.
(2) Section 128A as inserted by section 17 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 applies to a criminal proceeding for an offence, whether commenced before or after the commencement of section 17 of that Act.
Sch. 8 cl. 28 inserted by No. 27/2002 s. 9.
28 The amendments of this Act made by section 6 of the Magistrates' Court (Koori Court) Act 2002 apply with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced.
Sch. 8 cl. 29 inserted by No. 39/2003 s. 10.
29 The amendments made to this Act by section 6 of the Courts Legislation (Amendment) Act 2003 apply with respect to a proceeding for an offence, whether the offence is alleged to have been committed before or after the commencement of that section.
Sch. 8 cl. 30 inserted by No. 31/2004 s. 8.
30 A person is eligible for appointment as a magistrate under section 7 if the person was, immediately before the commencement of section 4(2) of the Courts Legislation (Judicial Appointments) Act 2004 , eligible for appointment under section 7(3)(b) as then in force.
Sch. 8 cl. 31 inserted by No. 68/2004 s. 5.
31 The amendments made to this Act by sections 3 and 4 of the Magistrates' Court (Increased Civil Jurisdiction) Act 2004 apply only with respect to proceedings commenced on or after the commencement of that Act.
Sch. 8 cl. 31A inserted by No. 15/2005 s. 12.
31A The amendment made to this Act by section 11 of the Sentencing (Further Amendment) Act 2005 applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.
Sch. 8 cl. 32 inserted by No. 3/2005 s. 13.
32 The substitution of section 9 of this Act made by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect an appointment made under section 9 as in force immediately before the commencement of section 11 of that Act and a magistrate who has been so appointed and who holds the office of acting magistrate immediately before that commencement continues in that office subject to section 9 as if section 9 had not been substituted.
Sch. 8 cl. 33 inserted by No. 3/2005 s. 13.
33 The substitution of clause 11 in Part 2 of Schedule 1 to this Act made by section 12 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect the remuneration of an acting magistrate applicable immediately before the commencement of section 12 of that Act and an acting magistrate who receives remuneration under clause 11 immediately before that commencement continues to receive remuneration during the period of his or her appointment as if clause 11 had not been substituted.
Sch. 8 cl. 34 inserted by No. 19/2005 s. 10.
34 (1) Subject to subclauses (2) and (3), the amendments of section 140 of this Act made by section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 do not affect the operation of any regulations made under that section of this Act.
(2) If, but for subclause (1), a provision of the regulations made under section 140 would cease to have effect because of the repeal of the power conferred by that section to make the provision, the provision continues in operation until it is revoked or the first anniversary of the commencement of section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 (whichever first occurs).
(3) A provision of the regulations made under section 140 is of no force or effect to the extent that it deals with a matter dealt with by a rule made under section 16(1A).
(4) Despite the amendments of section 140 of this Act made by section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 and without limiting any other power to make regulations conferred by this Act, the Governor in Council may, until the first anniversary of the commencement of section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 , make regulations under that section revoking any provision of the regulations made under a power conferred by that section that is repealed by those amendments.
Sch. 8 cl. 35 inserted by No. 87/2005 s. 33.
35 Savings provisions—instalment arrangements and payment plans
(1) Despite the amendment of Schedule 7 by section 28 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 —
(a) any instalment arrangement of a kind referred to in clause 3(2A) of Schedule 7 in force immediately before the commencement of section 28 of that Act continues to have effect and may be enforced in accordance with Schedule 7 as in force immediately before that commencement as if those amendments had not been made; and
(b) any certificate under clause 4(2) of Schedule 7 provided to a registrar under clause 4(1) of that Schedule which certifies as to a matter referred to in clause 4(2)(da) as in force immediately before the commencement of section 28 of that Act—
(i) continues to have effect as if those amendments had not been made; and
(ii) is a valid certificate for the purposes of enforcement under Schedule 7 of the infringement penalty and any prescribed costs to which that certificate relates; and
(c) clause 3A of Schedule 7 as in force immediately before the commencement of section 28 of that Act continues to have effect in respect of any instalment arrangement to which that clause applied immediately before that commencement as if clause 3A had not been amended by that Act.
(2) Nothing in this clause prevents an instalment arrangement of a kind referred to in clause 3(2A) of Schedule 7 in force immediately before the commencement of section 28 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 being cancelled or revoked and a payment plan under Part 5 of Schedule 7 being offered and accepted in respect of any infringement penalty and prescribed costs to which that instalment arrangement applied.
Sch. 8 cl. 35A inserted by No. 2/2006 s. 41A (as amended by No. 76/2006 s. 13).
35A An amendment made to this Act by a provision of section 40 or 41 of the Crimes (Sexual Offences) Act 2006 applies only to a criminal proceeding commenced on or after the commencement of that provision.
Sch. 8 cl. 36 inserted by No. 32/2006 s. 89.
36 Validation of service of certain documents under Schedule 7
(1) Despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984 , if under or for the purposes of Part 2 of Schedule 7 to this Act as in force immediately before its repeal by section 176(2) of the Infringements Act 2006 , any document had been served on a person by post to an authorised address and that document had been returned undelivered to its sender, that document—
(a) must be taken to have been validly served on the day that is 14 days after the date specified in the document as the date of that document, despite it being returned to its sender as undelivered; and
(b) any enforcement action taken under that Schedule must be taken to be a valid action under that Schedule.
(2) For the purposes of this section, "authorised address" means—
(a) an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address;
(b) in relation to any document in respect of a transport infringement within the meaning of the Transport Act 1983 or a ticket infringement within the meaning of that Act, an address provided by a person to an authorised officer or police member under section 218B of that Act after that officer or that member has requested the person to state his or her name and address because the officer or member believes on reasonable grounds that the person has committed a transport infringement or a ticket infringement, as the case requires.
Sch. 8 cl. 37 inserted by No. 50/2006 s. 35.
37 (1) The amendments made to this Act by sections 15, 19, 20, 22, 25 to 28 and 31 to 34 of the Courts Legislation (Jurisdiction) Act 2006 apply with respect to a proceeding for an offence, irrespective of when the offence is alleged to have been committed or when the proceeding commenced.
(2) An amendment made to this Act by a provision of section 16, 17, 18, 21(1), 23, 24, 29 or 30 of the Courts Legislation (Jurisdiction) Act 2006 apply only with respect to proceedings commenced on or after the commencement of that provision.
(3) The amendment made to this Act by section 21(2) of the Courts Legislation (Jurisdiction) Act 2006 applies only to the sentencing of a person for an offence on or after the commencement of that section, irrespective of when the offence was committed or the finding of guilt was made.
Sch. 8 cl. 38 inserted by No. 36/2007 s. 7.
38 A notice by the Minister published in the Government Gazette under section 4B or 4C of this Act before the commencement of section 4 of the Magistrates' Court and Coroners Acts Amendment Act 2007 and in force immediately before that commencement is not affected by the substitution for those sections of a new section 4B effected by that section 4 and the notice continues to have effect as if it were a notice published under the new section 4B(1)(b).
Sch. 8 cl. 39 inserted by No. 8/2008 s. 20.
39 Section 50A as inserted by section 5 of the Criminal Procedure Legislation Amendment Act 2008 applies with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced.
Sch. 8 cl. 40 inserted by No. 8/2008 s. 20.
40 Clause 3A of Schedule 2 as inserted by section 15 of the Criminal Procedure Legislation Amendment Act 2008 applies to a contest mention hearing conducted on or after the commencement of section 15 of that Act.
Sch. 8 cl. 41 inserted by No. 8/2008 s. 20.
41 The amendment of this Act by section 16 of the Criminal Procedure Legislation Amendment Act 2008 applies with respect to a defendant committed for trial on or after the commencement of section 16 of that Act.
Sch. 8 cl. 42 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.12).
42 This Act, as in force immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 , continues to apply to a hearing that commenced before the day that Act commenced and that—
(a) continued on or after that day; or
(b) was adjourned until that day or a day after that day.
Sch. 8 cl. 43 inserted by No. 68/2009 s. 97(Sch. item 82.59).
43 The amendment of this Act by section 426 of the Criminal Procedure Act 2009 applies to a committal proceeding if the relevant criminal proceeding commenced on or after the commencement of section 426 of that Act.
Sch. 8 cl. 44 inserted by No. 68/2009 s. 97(Sch. item 82.59).
44 (1) Section 118 as amended by section 435(1) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(1) of that Act.
(2) For the purposes of subclause (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(1) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.
Sch. 8 cl. 45 inserted by No. 12/2010 s. 7.
45 Transitional provision—Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010
The amendments made to this Act by section 5 of the Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 apply to any proceeding, irrespective of when the offence to which the proceeding relates was committed or when the proceeding commenced, but does not apply to a proceeding in respect of an accused which was listed before the Court before the commencement of that section.
Sch. 8 cl. 46 inserted by No. 70/2010 s. 35.
46 Transitional provisions—Bail Amendment Act 2010
(1) On the commencement of section 29 of the Bail Amendment Act 2010 , a bail justice holding office immediately before that commencement (other than a bail justice referred to in section 121 of this Act) is deemed to be a bail justice appointed under section 120A of this Act whose term of office expires—
(a) in the case of a bail justice appointed before 1 January 1991, 1 year after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs;
(b) in the case of a bail justice appointed on or after 1 January 1991 and before 1 January 2000, 2 years after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs;
(c) in the case of a bail justice appointed on or after 1 January 2000 and before the commencement of section 29 of that Act, 3 years after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs.
(2) On the commencement of section 29 of the Bail Amendment Act 2010 —
(a) an application for appointment as a bail justice that has been made but not determined before that commencement is to be taken to be an application made under section 120B of this Act; and
(b) the applicant's completion
before that commencement of the whole or part of a course of training that is
subsequently prescribed for the purposes of section 120A(2)(e) may be
relied on
for the purposes of the application.
(3) Section 121 as amended by section 30 of the Bail Amendment Act 2010 applies to a person who commences to hold a prescribed office within the meaning of section 121 on or after the commencement of section 30 of that Act.
(4) Section 122 as in force immediately before the commencement of section 31 of the Bail Amendment Act 2010 continues to apply to any proceeding under section 122 existing immediately before the commencement of section 31 of that Act.
Sch. 8 new cl. 47 inserted by No. 70/2013 s. 3(Sch. 1 item 27.2).
47 Transitional provisions—Justice Legislation Amendment Act 2012
This Act as amended by section 7 of the Justice Legislation Amendment Act 2012 applies to any proceeding in the Assessment and Referral Court List, irrespective of whether the offence to which the proceeding relates was alleged to have been committed before, on or after the commencement of that section.
Sch. 8 cl. 48 inserted by No. 26/2012 s. 25.
48 Transitional provisions—Courts and Sentencing Legislation Amendment Act 2012
This Act as amended by sections 22 and 23 of the Courts and Sentencing Legislation Amendment Act 2012 applies to a proceeding for an offence or a contravention of sentence (including any offence constituted by such a contravention) irrespective of whether the offence or contravention is alleged to have been committed, or the sentence was imposed, before or on or after the commencement of those sections.
Sch. 8 cl. 49 inserted by No. 48/2012 s. 40.
49 Transitional provision—Criminal Procedure Amendment Act 2012
Section 78(5) as amended by section 38 of the Criminal Procedure Amendment Act 2012 applies to a search warrant issued on or after the commencement of section 38 of that Act.
Sch. 8 cl. 50 inserted by No. 5/2013 s. 40.
50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013
(1) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person who held the office of acting magistrate under section 9 as in force immediately before its repeal who is not eligible to be a reserve magistrate under section 9A, but is eligible to be a magistrate under section 7, is taken to hold the office of magistrate as if he or she had been appointed as a magistrate under section 7 on the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 .
(2) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person other than a person referred to in subsection (1) who held the office of acting magistrate under section 9 as in force immediately before its repeal is taken to hold the office of reserve magistrate as if he or she had been appointed as a reserve magistrate under section 9A.
(3) If a person referred to in subclause (2) was required to undertake the duties of a magistrate under section 9(4) as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , that requirement continues until its expiry as if it were an engagement under section 9C.
(4) If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person referred to in subclause (1) or (2) was assigned under section 93 of the Coroners Act 2008 to be a coroner for the Coroners Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act.
(5) If, immediately before the commencement of
section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act
2013 , a person referred to in subclause (1) or (2) was assigned
under section 507 of the Children, Youth and Families Act 2005 to
be a
magistrate for the Children's Court, that assignment continues until that
person ceases to hold the office of magistrate or reserve magistrate or the
assignment is revoked under that Act.
(6) Unless inconsistent with the context or the subject matter, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a reference in any Act (other than this Act or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 ), subordinate instrument or any other document to an acting magistrate, being an acting magistrate appointed under section 9 as in force immediately before its repeal, is to be construed as a reference to a reserve magistrate so far as the reference relates to any period on or after that commencement.
Sch. 8 cl. 51 inserted by No. 5/2013 s. 40, repealed by No. 51/1989 Sch. 8 cl. 51(4).
* * * * *
Sch. 8 cl. 51A inserted by No. 63/2013 s. 48.
51A Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013
A reserve magistrate currently engaged by the Attorney-General under section 9C as in force immediately before the amendment of that section by the Courts Legislation Amendment (Judicial Officers) Act 2013 is taken to have been engaged by the Chief Magistrate under section 9C as amended by that Act and his or her engagement continues and has effect accordingly.
Sch. 8 cl. 51B inserted by No. 63/2013 s. 79.
51B Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013—part-time magistrates
A magistrate who was a part-time magistrate as defined in section 3(1) immediately before the repeal of that definition by the Courts Legislation Amendment (Judicial Officers) Act 2013 , on and from that repeal—
(a) continues to hold the office of magistrate; and
(b) is taken to be serving under a part-time service arrangement on the same terms as applied to the magistrate in his or her capacity as a part-time magistrate.
Sch. 8 cl. 52 inserted by No. 58/2013 s. 52.
52 Savings— Open Courts Act 2013
(1) Despite the repeal of section 126 by the Open Courts Act 2013 , section 126 (as in force immediately before its repeal) continues to apply on and after its repeal in relation to a proceeding commenced to be heard (but not determined) by the Court before that repeal.
(2) Despite the repeal of section 126 by the Open Courts Act 2013 , an order made under section 126 (as in force immediately before its repeal) and in force at the date of that repeal—
(a) subject to paragraph (b), continues to apply on and after that repeal;
(b) may be set aside or varied in accordance with section 126 as if that section had not been repealed.
Sch. 8 cl. 47 inserted by No. 23/2012 s. 9, repealed by No. 70/2013 s. 3(Sch. 1 item 27.1).
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Sch. 8 cl. 53 inserted by No. 68/2013 s. 7.
53 Transitional—Courts and Other Justice Legislation Amendment Act 2013
(1) Despite the amendment of section 4V by the Courts and Other Justice Legislation Amendment Act 2013 , section 4V, as in force immediately before the commencement of section 5 of that Act, continues to apply to a proceeding that is in the Assessment and Referral List immediately before that commencement.
(2) Despite the amendment of section 4X(2) by the Courts and Other Justice Legislation Amendment Act 2013 , section 4X(2), as in force immediately before the commencement of section 6 of that Act, continues to apply to a proceeding that is in the Assessment and Referral List immediately before that commencement.
Sch. 8 cl. 54 inserted by No. 3/2016 s. 7.
54 Transitional—Justice Legislation Further Amendment Act 2016
Each person who holds the office of Aboriginal elder or respected person immediately before the commencement of section 3 of the Justice Legislation Further Amendment Act 2016 continues, on and from that commencement, to hold that office on the same terms and conditions as applied to the person immediately before that commencement, as if the person had been appointed by the Chief Executive Officer.
Sch. 8 cl. 55 inserted by No. 19/2017 s. 53.
55 Transitional—Family Violence Protection Amendment Act 2017
(1) The amendment made to section 4EA of this Act by section 50 of the Family Violence Protection Amendment Act 2017 applies, on and after the commencement of section 50 of that Act, to the contravention or variation of a sentence (including any offence constituted by a contravention of a sentence)—
(a) irrespective of when the offence to which that sentence relates was committed; and
(b) in the case of a contravention, irrespective of when the contravention occurred.
(2) The amendment made to section 4F of this Act by section 51 of the Family Violence Protection Amendment Act 2017 applies, on and after the commencement of section 51 of that Act, to a proceeding for an offence (other than an offence constituted by a contravention of a sentence imposed by it) irrespective of when that offence was committed.
Sch. 8 cl. 56 inserted by No. 33/2018 s. 45.
56 Transitional—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018—Specialist Family Violence Court Division
On and after the commencement of this clause, any reference in any Act, regulation, subordinate instrument or other document to the Family Violence Court Division is to be construed as a reference to the Specialist Family Violence Court Division—
(a) so far as the reference relates to any period on or after that commencement; and
(b) if not inconsistent with the subject matter.
Sch. 8 cl. 57 inserted by No. 33/2018 s. 54.
57 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
(1) The amendments to sections 57, 58 and 59 made by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity of any warrant issued in accordance with section 57 as in force immediately before its amendment or any action taken under such a warrant.
(2) The amendments to sections 16, 57, 58 and 59 made by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity or operation of any rules of court made under any of those sections as in force immediately before those amendments.
Sch. 8 cl. 58 inserted by No. 39/2019 s. 15.
58 Validation of certain actions by protective services officers
(1) The execution by a protective services officer on or after 28 November 2011 and before 1 July 2014 of a warrant to arrest directed to generally all members of the police force is as valid as it would have been had section 63 authorised the execution of such a warrant at the time of execution.
(2) The execution by a protective services officer on or after 1 July 2014 and before the commencement day of a warrant to arrest directed to generally all police officers is as valid as it would have been had the amendments to section 63 made by the amending Act been in operation at the time of execution.
(3) In this clause—
"amending Act" means the Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 ;
"commencement day" means the day on which Part 4 of the amending Act came into operation.
Sch. 8 cl. 59 inserted by No. 1/2022 s. 24.
59 Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022
(1) An appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the proceeding commenced was a dual commission holder as a judge of the County Court and who, at the time at which the final order was made was a dual commission holder as a Judge of the Supreme Court, is to be made to the Court of Appeal.
(2) For the avoidance of doubt, an appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the final order was made was a dual commission holder as a judge of the County Court and who, on or after the commencement day is a dual commission holder as a Judge of the Supreme Court, is to be made to the Trial Division of the Supreme Court.
(3) In this clause, "commencement day" means the day on which Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 comes into operation.
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