New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 102)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActCrimes (Domestic and Personal Violence) Amendment Act 2008
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) In this Part:
"commencement" means the day on which this Act commences.
"old Part 15A" means Part 15A of the Crimes Act 1900 as in force at any time before its repeal by this Act.
(2) The provisions of this Part are subject to the regulations.
(1) An apprehended domestic violence order made under the old Part 15A before the repeal of that Part by this Act is taken to have been made under this Act.
(2) An apprehended personal violence order made under the old Part 15A before the repeal of that Part by this Act is taken to have been made under this Act.
(3) An interim order made by a court or registrar under the old Part 15A before the repeal of that Part by this Act is taken to be an interim court order made under this Act.
(4) A telephone interim order made under the old Part 15A before the repeal of that Part by this Act is taken to be a provisional order made under this Act.
(5) An external protection order registered under Division 10 of the old Part 15A is taken to have been registered under Part 13 of this Act.
(6) Any order taken by this clause to have been made under this Act has effect for the same period as it would have had under the provisions of the old Part 15A but may be varied or revoked in accordance with this Act.
An application for an order under the old Part 15A that has not been determined before the repeal of that Part by this Act is taken to be an application for the same type of order under this Act.
(1) A reference in any other Act or instrument to Part 15A of the Crimes Act 1900 includes a reference to this Act.
(2) A reference to this Act in any other Act or instrument includes a reference to old Part 15A.
(3) A reference in this Act or any other Act or instrument to section 13 of this Act includes a reference to sections 545AB and 562AB of the Crimes Act 1900 (as in force before their repeal).
(4) A reference in this Act or any other Act or instrument to section 14 of this Act includes a reference to sections 562I (as in force before its substitution by the Crimes Amendment (Apprehended Violence) Act 2006 ) and 562ZG (as in force before its repeal) of the Crimes Act 1900 .
(5) A reference in this or any other Act or instrument to a final apprehended violence order made under this Act includes a reference to a final order within the meaning of old Part 15A.
(6) A reference in this or any other Act or instrument to an interim apprehended violence order made under this Act includes a reference to an interim order made by a court under old Part 15A or a telephone interim order within the meaning of old Part 15A.
(7) A reference in this or any other Act or instrument to an application for an order under this Act includes a reference to a complaint or application for an order under old Part 15A.
(8) A reference in this or any other Act or instrument to apprehended violence order proceedings within the meaning of this Act includes a reference to proceedings under old Part 15A in relation to an apprehended violence order or an application or complaint for an apprehended violence order.
Section 12 extends to:
(a) enabling the making of an application to record a domestic violence offence occurring before the commencement of that section, and
(b) authorising the recording of domestic violence offences occurring before the commencement of that section.
In this Part, "relevant amendment" means:
(a) an amendment made to Part 2 of this Schedule by the Crimes (Domestic and Personal Violence) Amendment Act 2008 , or
(b) an amendment made to an Act or regulation by Schedule 2 to the Crimes (Domestic and Personal Violence) Amendment Act 2008 .
(1) Anything done or omitted to be done on or after the commencement of this Act, but before the commencement of a relevant amendment, that would have been valid if the amendment had been in force at the time that it was done or omitted is taken to have been validly done or omitted.
(2) Anything done or omitted to be done before the commencement of this Act in purported compliance with the Firearms Act 1996 that would have been valid if, at the time that the thing was done or omitted, the definition of "interim apprehended violence order" in section 4 (1) of that Act included a reference to a telephone interim order within the meaning of Part 15A of the Crimes Act 1900 is taken to have been validly done or omitted.
(3) Anything done or omitted to be done before the commencement of this Act in purported compliance with the Weapons Prohibition Act 1998 that would have been valid if, at the time that the thing was done or omitted, the definition of "interim apprehended violence order" in section 4 (1) of that Act included a telephone interim order within the meaning of Part 15A of the Crimes Act 1900 is taken to have been validly done or omitted.
(4) Subclauses (1)-(3) do not affect any decision of a court or tribunal made before the commencement of this clause or any proceedings before a court or tribunal commenced before the commencement of this clause.
Section 31 (2) (as inserted by the Crimes (Domestic and Personal Violence) Amendment Act 2008 ) does not apply to a provisional order made before the commencement of the subsection.