CRIMES (APPEAL AND REVIEW) ACT 2001 - SCHEDULE 1

CRIMES (APPEAL AND REVIEW) ACT 2001 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 80)

Part 1 - Preliminary

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

this Act

Courts Legislation Amendment Act 2003 , but only in relation to the amendments made to this Act

Courts Legislation Amendment Act 2004 , but only in relation to the amendments made to this Act

Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2006

Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006

Crimes and Courts Legislation Amendment Act 2006 , but only in relation to the amendments made to this Act

Crimes (Appeal and Review) Amendment Act 2009

Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009

any other Act that amends this Act

(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3) To the extent to which such a 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 that 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 that publication.

Part 2 - Provisions consequent on enactment of this Act

Division 1 - General

2 Definition

In this Part--


"appointed day" means--

(a) in relation to a provision of the Justices Act 1902 that has been repealed, the day on which the repeal commences, or

(b) in relation to a provision of this Act, the day on which the provision commences.

3 Applications and referrals under Part 4A of Justices Act 1902

Part 4A of the Justices Act 1902 continues to apply to and in respect of any application or reference under that Part that had not been finally dealt with before the appointed day as if that Act had not been repealed.

4 Appeals and applications under Part 5 of Justices Act 1902

Part 5 of the Justices Act 1902 continues to apply to and in respect of any appeal or application under that Part that had not been finally dealt with before the appointed day as if that Act had not been repealed.

5 Appeals and applications under Part 5A of Justices Act 1902

Part 5A of the Justices Act 1902 continues to apply to and in respect of any appeal or application under that Part that had not been finally dealt with before the appointed day as if that Act had not been repealed.

6 Appeals and applications under Part 5B of Justices Act 1902

Part 5B of the Justices Act 1902 continues to apply to and in respect of any appeal or application under that Part that had not been finally dealt with before the appointed day as if that Act had not been repealed.

7 Construction of certain references

Subject to this Schedule and the regulations, in any Act or instrument--

(a) a reference to a provision of the Justices Act 1902 for which there is a corresponding provision in this Act extends to the corresponding provision of this Act, and

(b) a reference to any act, matter or thing referred to in a provision of the Justices Act 1902 for which there is a corresponding provision in this Act extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act.

Part 3 - Provisions consequent on enactment of Courts Legislation Amendment Act 2003

8 Application of amendment to section 68

The amendment made to section 68 by Schedule 1 [2[#93] to the Courts Legislation Amendment Act 2003 extends to appeals that were commenced before the commencement of the amendment but not finally determined before that commencement.

Part 4 - Provision consequent on enactment of Courts Legislation Amendment Act 2004

9 Appeal against refusal of application under section 4

Sections 11A and 16A, as inserted by the Courts Legislation Amendment Act 2004 , and sections 13 and 14 as amended by that Act, extend to apply to and in respect of an application under section 4 that was refused by the Local Court before the commencement of Schedule 3 to that Act, unless, on that commencement, an appeal against the relevant conviction or sentence is pending in the District Court or has been dealt with by that Court.

Part 5 - Provisions consequent on enactment of Crimes and Courts Legislation Amendment Act 2006

10 Application of amendment to definition of "sentence"

The amendment to the definition of
"sentence" in section 3 (1) made by the Crimes and Courts Legislation Amendment Act 2006 extends to orders referred to in paragraph (ba) of that definition that were made before the commencement of that amendment, but does not affect any appeal proceedings or application under this Act that was finally determined before the commencement of that amendment.

Part 6 - Provisions consequent on enactment of Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006

11 Definition

In this Part--


"amending Act" means the Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006 .

12 Review of previous convictions and sentences

Part 7 of this Act, as inserted by the amending Act, extends to convictions and sentences entered or imposed before the commencement of that Part.

13 Pending applications under Part 13A of Crimes Act for review of convictions and sentences

(1) A petition or application that was made under Part 13A of the Crimes Act 1900 before the repeal and transfer of that Part by the amending Act and that had not been finally determined under that Part immediately before its repeal is taken to be a petition or application under the corresponding provision of Part 7 of this Act.

(2) Any referral or report with respect to such a petition or application that was made under Part 13A of the Crimes Act 1900 is taken to have been made under the corresponding provision of Part 7 of this Act.

14 Pending applications to set aside conviction following free pardon

An application to the Court of Criminal Appeal that was made under Part 13A of the Crimes Act 1900 before the repeal and transfer of that Part by the amending Act for the purpose of setting aside a conviction for an offence for which a free pardon has been granted and that had not been finally determined under that Part immediately before its repeal is taken to be an application under section 84 of this Act.

Part 7 - Provision consequent on enactment of Crimes (Appeal and Review) Amendment Act 2009

15 Application of amendments

Any amendment made by the Crimes (Appeal and Review) Amendment Act 2009 applies only in respect of appeals, applications for leave to appeal and applications for annulment made after the commencement of the amendment.

Part 8 - Provision consequent on enactment of Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009

16 Application of amendment

Section 68A, as inserted by the Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009 , extends to an appeal that was commenced but not finally determined before the insertion of the section.

Part 9 - Provision consequent on enactment of Courts and Other Legislation Further Amendment Act 2013

17 Application of amendment concerning appeals

The amendment made to section 59 by the Courts and Other Legislation Further Amendment Act 2013 extends to an appeal that was commenced but not finally determined before the commencement of the amendment.

Part 10 - Provisions consequent on enactment of Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2013

18 Definitions

In this Part--


"abolition day" means the day on which section 97 is substituted by the amending Act.


"amending Act" means the Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2013 .

19 Application of amendments to section 96

Section 96 (as amended by the amending Act) extends to biological material within the meaning of Part 7 of this Act obtained before the substitution of section 96 (1) by the amending Act that is in the possession or control of any members of the NSW Police Force (or members of any other authority of the State) on that substitution.

20 Abolition of DNA Review Panel

(1) The DNA Review Panel is abolished on the abolition day.

(2) Each member of the DNA Review Panel ceases to hold office as such on the abolition day.

(3) A person who ceases to hold an office by operation of this clause is not entitled to any remuneration or compensation because of the loss of that office.

(4) The DNA Review Panel ceases to have any functions under Division 6 of Part 7 of this Act on the abolition day (including the function of determining or finalising any pending applications to it under section 92).

21 Pending searches and DNA testing

(1) If the DNA Review Panel arranged for a search for biological material or DNA testing (or both) following an application under section 92 before the abolition day and the results of the search or testing (or both) had not yet been provided to it by that day--

(a) the Commissioner of Police is authorised and required to arrange for the completion of any such search or DNA testing (or both), and

(b) the NSW Forensic [#38] Analytical Science Service (or its successor) is authorised and required to complete any DNA testing arranged by the DNA Review Panel or the Commissioner of Police and provide the results to the Commissioner, and

(c) the Commissioner of Police is authorised and required to forward the results of any DNA testing provided to the Commissioner under this subclause to the applicant for the search and testing.

(2) If the DNA Review Panel had disclosed the results of DNA testing to the Commissioner of Police before the abolition day but not to the applicant for the testing, the Commissioner of Police is authorised and required to forward the results to the applicant.

(3) Nothing in this clause requires or permits the Commissioner of Police to disclose information obtained from the DNA testing of biological material obtained from a convicted person that may reveal the identity of a person other than the convicted person in connection with the offence for which he or she was convicted.

22 Pending referrals in Court of Criminal Appeal

Section 94 (as in force immediately before its repeal by the amending Act) continues to apply in relation to any matter that was referred to the Court of Criminal Appeal under that section before that repeal if the proceedings in relation to that matter were not concluded by that time.

Part 11 - Provisions consequent on the enactment of Crime Commission Legislation Amendment Act 2014

23 Pending applications to Supreme Court for inquiry into a conviction or sentence

(1) In this clause,
"relevant application" means an application to the Supreme Court under section 78.

(2) Section 79 (3B) applies in relation to relevant applications pending immediately before the commencement of that subsection, as well as to either or both of the following--

(a) relevant applications made on or after the commencement of that subsection,

(b) any action proposed to be done by the Supreme Court on or after that commencement when acting on its own motion under section 79.

(3) A reference in section 79 (3B)--

(a) to section 24 of the Crime Commission Act 2012 is taken to include a reference to section 16 of the New South Wales Crime Commission Act 1985 , and

(b) to section 29 of the Crime Commission Act 2012 is taken to include a reference to section 17 of the New South Wales Crime Commission Act 1985 .