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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SCHEDULE 1

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 102)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
this Act
Crimes (Domestic and Personal Violence) Amendment Act 2008
any other Act that amends this Act
(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.

Part 2 - Provisions consequent on enactment of this Act

2 Preliminary

(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.

3 Existing apprehended violence orders and interim orders

(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.

4 Pending applications

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.

5 References to repealed provisions

(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.

6 Recording of domestic violence offences

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.

Part 3 - Provisions consequent on enactment of Crimes (Domestic and Personal Violence) Amendment Act 2008

7 Definition

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 .

8 Effect of certain savings and transitional amendments

(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.

9 Service of provisional order on defendant

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.

Part 4 - Provisions consequent on enactment of Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016

10 Definition

In this Part--


"amending Act" means the Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016 .

11 Amendments do not extend to current applications

(1) In this clause--


"application" means an application for a final apprehended violence order or an application within the meaning of section 72.
(2) The amendment of a provision of the Act by the amending Act does not affect an application made but not finally dealt with before the amendment nor does it affect any proceedings arising from any such application even if those proceedings take place after the amendment and, in any such case, the provision as in force immediately before its amendment is taken to continue to apply.
(3) Subclause (2) is subject to the other provisions of this Part and the regulations.

12 Duration of provisional orders

Section 32, as substituted by the amending Act, extends to a provisional order that is in force immediately before that substitution.

13 Orders made on guilty plea or finding of guilt

Section 39, as substituted by the amending Act, applies in respect of a guilty plea or finding of guilt in proceedings even if the proceedings commenced before that substitution.

14 Evidence of serious offence admissible

The transcript of proceedings and any evidence admitted in the District Court or the Supreme Court in respect of a serious offence is admissible in the Local Court or Children's Court for the purposes of determining an application referred to in section 40(4) even if the proceedings to which the transcript or evidence relates took place before the substitution of section 40(4) by the amending Act.

15 Orders made during care proceedings

Section 40A applies in respect of care proceedings (and any appeal arising from those proceedings) even if the care proceedings were commenced before the commencement of that section.

16 Questioning child directly

Section 41A applies in respect of proceedings even if the proceedings were commenced before the commencement of that section. However, this clause does not cause evidence given before that commencement to be inadmissible.

17 Costs

(1) Section 99, as substituted by the amending Act, does not apply to proceedings that commenced before that substitution and that section, as in force immediately before its substitution, continues to apply to any such proceedings as if it had not been substituted.
(2) Section 99A does not apply to proceedings that commenced before the commencement of that section.

Part 5 - Provisions consequent on enactment of Justice Legislation Amendment Act (No 3) 2018

18 Changes to definition of "domestic relationship"

(1) Section 5A, as inserted by the Justice Legislation Amendment Act (No 3) 2018 , does not apply to, or affect the validity of, any order made under this Act before the commencement of the section.
(2) Section 5A, as inserted by the Justice Legislation Amendment Act (No 3) 2018 , does not affect an application for an order under this Act made but not finally determined before the commencement of the section or any proceedings arising from the application that have not finally been determined before the commencement of the section, even if those proceedings take place after that commencement. For the purposes of the application and proceedings, this Act as in force immediately before the commencement of section 5A is taken to continue to apply.

Part 6 - Provisions consequent on enactment of Crimes (Domestic and Personal Violence) Amendment Act 2018

19 Operation of amendments to definitions of "intimidation" and "stalking"

(1) An application for an apprehended violence order made but not finally determined before the amendment of sections 7 and 8 by the amending Act is to be dealt with as if those sections had not been amended.
(2) Sections 7 and 8, as amended by the amending Act, extend to the consideration by a court of an application, made after those amendments commence, for the variation or revocation of a final apprehended violence order or interim court order that was in force immediately before the commencement of those amendments.
(3) In this Part--


"amending Act" means the Crimes (Domestic and Personal Violence) Amendment Act 2018 .

Part 7 - Provision consequent on enactment of Crimes Legislation Amendment (Victims) Act 2018

20 Application of amendments to proceedings

An amendment made to this Act by the Crimes Legislation Amendment (Victims) Act 2018 applies only to proceedings commenced after the commencement of the amendment.

Part 8 - Provisions consequent on enactment of Stronger Communities Legislation Amendment (Domestic Violence) Act 2020

21 Definition

In this Part--


"amending Act" means the Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 .

22 Changes to definition of "intimidation"

(1) An application for an apprehended violence order made but not finally determined before the amendment of section 7 by the amending Act is to be dealt with as if that section had not been amended.
(2) Section 7, as amended by the amending Act, applies to an application, made after the amendment, for the variation or revocation of a final apprehended violence order or interim court order in force immediately before the amendment.

23 Prohibitions taken to be specified in every apprehended violence order

To remove any doubt, section 36(c) as amended by the amending Act does not apply to an order made before the amendment.

24 Period of final apprehended domestic violence order to be made on guilty plea or guilt finding for serious offence

Section 39, as amended by the amending Act, does not extend to a person who pleaded guilty to, or was found guilty, of a serious offence before the commencement of Schedule 1[11[#93] of the amending Act.

Part 9 - Provisions consequent on enactment of Crimes Legislation Amendment (Coercive Control) Act 2022

25 Application of amendments

An amendment made by the Crimes Legislation Amendment (Coercive Control) Act 2022 applies only in relation to--

(a) behaviour that occurred, or is alleged to have occurred, on or after the commencement of the amendment, or
(b) an offence committed, or alleged to have been committed, on or after the commencement of the amendment.