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CRIMINAL APPEAL ACT 1912 - SCHEDULE 1

CRIMINAL APPEAL ACT 1912 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 30)

1 Criminal Appeal (Amendment) Act 1994

(1) The amendment made to this Act by Schedule 1 (2) to the Criminal Appeal (Amendment) Act 1994 does not apply to any appeal from a decision made in proceedings commenced before the commencement of the amendment.
(2) The amendment made to this Act by Schedule 1 (3) to the Criminal Appeal (Amendment) Act 1994 applies to any appeal, or application for leave to appeal, made to the Court of Criminal Appeal whether before, on or after the commencement of the amendment, but not to proceedings commenced to be heard by the Court of Criminal Appeal before that commencement.
(3) The amendment made to this Act by Schedule 1 (4) to the Criminal Appeal (Amendment) Act 1994 applies to proceedings for judgment in the Court of Criminal Appeal whether the proceedings were commenced before, on or after the commencement of the amendment.

2 Courts Legislation Further Amendment Act 1995

The amendments made to section 18 by the Courts Legislation Further Amendment Act 1995 apply to any appellant whose appeal is determined, or abandoned, on or after the commencement of the amendments.

3 Crimes Legislation Amendment Act 1997

The amendments to this Act made by Schedule 1.3 [1[#93]-[4[#93] to the Crimes Legislation Amendment Act 1997 do not enable an appeal to be brought against a sentence imposed in proceedings in respect of an offence committed before the commencement of the amendments.

4 Crimes Legislation Amendment Act 1998

(1) In this clause,
"amending Act" means the Crimes Legislation Amendment Act 1998 .
(2) Section 5AE, as inserted by the amending Act, extends to proceedings commenced but not completed before the commencement of that section.
(3) However, section 5A, as in force immediately before the repeal of section 5A (1A) by the amending Act, applies to any question of law submitted, under that section before that repeal, to the court for determination.

5 Crimes Legislation Further Amendment Act 1998

Section 25A, as inserted by the Crimes Legislation Further Amendment Act 1998 , applies to any person whose appeal to the High Court is pending at the commencement of that section or whose appeal to the High Court is made after that commencement.

6 Courts Legislation Amendment Act 2000

The amendment made to section 5AA by the Courts Legislation Amendment Act 2000 does not apply in respect of an appeal against a conviction or costs order that was made before the commencement of the amendment.

7 Criminal Legislation Amendment Act 2001

An amendment made by the Criminal Legislation Amendment Act 2001 does not apply in respect of an appeal pending immediately before the commencement of that amendment.

8 Crimes Legislation Further Amendment Act 2003

(1) Sections 5AA, 5AB and 5AC, as amended by the Crimes Legislation Further Amendment Act 2003 , extend to orders for costs, and orders dismissing applications for orders for costs, made before the commencement of the amendments to those sections made by that Act.
(2) Section 5F, as amended by the Crimes Legislation Further Amendment Act 2003 , extends to decisions and rulings made in proceedings that had been commenced, but not finally disposed of, before the commencement of the amendments to that section made by that Act.

10 Courts Legislation Amendment Act 2005

(1) Section 4 (3) and (4), as inserted by the amending Act, is taken to apply, and to have always applied, to any registrar or officer of the Supreme Court appointed to that office before the relevant day.
(2) Any appointment of a person before the relevant day as a registrar or officer of the Court of Criminal Appeal by the appropriate Department Head (within the meaning of the Public Sector Employment and Management Act 2002 ), that could have been validly made if it had been made by the Governor, is validated.
(3) In this clause--


"amending Act" means the Courts Legislation Amendment Act 2005 .


"relevant day" means the date of commencement of Schedule 4 to the amending Act.

11 Crimes and Courts Legislation Amendment Act 2006

(1) The amendments made to this Act by Schedule 1.10 [2[#93]-[4[#93] to the Crimes and Courts Legislation Amendment Act 2006 do not apply to any appeal proceedings commenced before the commencement of those amendments.
(2) The amendment to the definition of
"Sentence" in section 2 (1) made by the Crimes and Courts Legislation Amendment Act 2006 extends to orders referred to in paragraph (ca) of that definition that were made before the commencement of that amendment, but does not affect any appeal proceedings that were finally determined before the commencement of that amendment.

12 Criminal Legislation Amendment Act 2007

The amendments made to section 14A by the Criminal Legislation Amendment Act 2007 extend to proceedings on a Crown appeal (within the meaning of that section) that were commenced, but not finally disposed of, before the amendments commenced.

13 Jury Amendment Act 2008

Section 5G, as inserted by the Jury Amendment Act 2008 , applies to and in respect of a decision of a court concerning a jury empanelled after the commencement of the section.

14 Courts and Crimes Legislation Further Amendment Act 2008

An amendment made to this Act by Schedule 6 to the Courts and Crimes Legislation Further Amendment Act 2008 extends to a sentence imposed before the commencement of the amendment but does not apply to any appeal proceedings commenced before the commencement of the amendment.

15 Courts and Crimes Legislation Further Amendment Act 2010

Section 5F (3AA) and (3AB), as inserted by the Courts and Crimes Legislation Further Amendment Act 2010 , extends to proceedings commenced but not completed before the commencement of those subsections.

16 Justice Legislation Amendment Act (No 2) 2019

The amendment made to section 5DB by the Justice Legislation Amendment Act (No 2) 2019 applies to a sentence imposed after the commencement of the amendment even if the proceedings before the court of trial began before that commencement.