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JUSTICE LEGISLATION AMENDMENT (CRIMINAL PROCEDURE DISCLOSURE AND OTHER MATTERS) ACT 2022 (NO. 1 OF 2022) - SECT 62

Repeals and transitional provisions

At the end of Part 8.6 of the Children, Youth and Families Act 2005 insert

        " 632A         Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—proceedings

    (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.

        632B     Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—power to make orders to resolve difficulty

    (1)     If any difficulty arises because of the operation of Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 in relation to a proceeding under this Act, a court may make any order it considers appropriate to resolve the difficulty.

    (2)     An order made under subsection (1)—

        (a)     may be made on the application of a party to the proceeding or on the court's own motion, as the case requires; and

        (b)     has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ).".

Division 7— Criminal Procedure Act 2009



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