New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 315)
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts or provisions of Acts:Schedule 1.4 to the Crimes Legislation Amendment Act 1997Schedule 5 to the Crimes Legislation Amendment Act 1998Crimes Legislation Amendment (Sentencing) Act 1999Crimes (Sentencing Procedure) Act 1999Crimes (Administration of Sentences) Act 1999Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001Criminal Legislation Amendment Act 2001 , to the extent that it amends this ActCriminal Procedure Amendment (Justices and Local Courts) Act 2001Justices Legislation Repeal and Amendment Act 2001Crimes Legislation Amendment (Penalty Notice Offences) Act 2002Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002Criminal Procedure Amendment (Sexual Offence Evidence) Act 2003Road Transport Legislation Amendment (Public Transport Lanes) Act 2004 , but only in relation to the amendments made to this ActCriminal Procedure Amendment (Evidence) Act 2005Criminal Procedure Further Amendment (Evidence) Act 2005Criminal Procedure Amendment (Prosecutions) Act 2005Criminal Procedure Amendment (Sexual Offence Case Management) Act 2005Courts Legislation Amendment Act 2006 , to the extent that it amends this ActCriminal Procedure Amendment (Sexual and Other Offences) Act 2006 , to the extent that it amends this ActCrimes and Courts Legislation Amendment Act 2006 , but only to the extent to which it amends this Act.Criminal Procedure Amendment (Vulnerable Persons) Act 2007Criminal Procedure Amendment (Local Court Process Reforms) Act 2007Evidence Amendment Act 2007 , to the extent that it amends this ActCriminal Legislation Amendment Act 2007Crimes Amendment (Cognitive Impairment-Sexual Offences) Act 2008 , but only to the extent to which it amends this ActCrimes Amendment (Sexual Offences) Act 2008
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.
(3) To the extent to which a provision referred to in subclause (1) 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.
The amendments to this Act made by Schedule 1.4 [4]-[13] to the Crimes Legislation Amendment Act 1997 do not apply in respect of a summary offence if the person charged with the indictable offence to which the summary offence is related is committed for trial for the indictable offence before the commencement of the amendments.
Table 2 to Part 9A, as amended by Schedule 5 [1] and [2] to the Crimes Legislation Amendment Act 1998 , applies to proceedings for an offence with which a person is charged after (but not before) the commencement of those amendments, irrespective of when the offence was alleged to have been committed.
The amendments to this Act made by Schedule 5 [3]-[9] to the Crimes Legislation Amendment Act 1998 do not apply in respect of a back up offence or a related offence if the person charged with the indictable offence to which the back up offence or the related offence is related is committed for trial for the indictable offence before the commencement of the amendments.
In this Part:
"1999 amending Act" means the Crimes Legislation Amendment (Sentencing) Act
1999 .
"amended legislation" means any Act or instrument amended by Schedule 2, 3, 4
or 5 to the 1999 amending Act, as so amended.
"appointed day" means:
(a) in relation to a provision of the old legislation that has been repealed or amended by the 1999 amending Act, the day on which the repeal or amendment commences, or
(b) in relation to a new provision inserted into the amended legislation by the 1999 amending Act, the day on which the new provision commences."old legislation" means:
(a) any Act or instrument repealed by Schedule 1 to the 1999 amending Act, as in force immediately before its repeal, and
(b) any Act or instrument amended by Schedule 2, 3, 4 or 5 to the 1999 amending Act, as in force immediately before its amendment.
In this Division:
"1900 Act" means the Crimes Act 1900 , as in force immediately before the
appointed day.
A certificate prepared in accordance with section 358 of the 1900 Act is taken to have been prepared in accordance with section 127 of this Act.
A notice served on a person for the purposes of section 405A or 405AB of the 1900 Act is taken to have been served on the person for the purposes of section 48 or 49 of this Act, as the case requires.
A deposition made in accordance with section 406 of the 1900 Act is taken to have been made in accordance with section 111 of this Act.
Any certificate prepared for the purposes of a provision of section 414A of the 1900 Act is taken to have been prepared for the purposes of section 109 or 110 of this Act, as the case requires.
Section 442A of the 1900 Act continues to have effect in relation to offences under section 61B, 61C and 61D of that Act, as in force before their repeal on 17 March 1991 by the Crimes (Amendment) Act 1989 .
Any order that, immediately before the appointed day, was in force under section 578 of the 1900 Act is taken to be an order in force under section 119 of this Act, and may be amended and revoked accordingly.
(1) Section 95 does not apply to the trial of a person charged with an offence before 10 June 1994 (the date on which the right to make unsworn dock statements was originally abolished).
(2) The re-enactment by section 95 of section 404A of the Crimes Act 1900 does not limit the operation of section 30 of the Interpretation Act 1987 in relation to the repeal of section 404A by the 1999 amending Act.
Nothing in section 105 authorises the admission of evidence of a kind that was inadmissible immediately before 14 July 1981 (the date on which section 409B of the Crimes Act 1900 commenced).
The Forfeited Recognizances and Bail Act 1954 continues to apply to a recognizance entered into before the commencement of this clause as if that Act had not been repealed.
Any delegation that was in force immediately before the commencement of the 1999 amending Act under a provision of the old legislation for which there is a corresponding provision in the amended legislation is taken to be a delegation in force under the corresponding provision of the amended legislation.
Subject to the Crimes (Sentencing Procedure) Act 1999 , the Crimes (Administration of Sentences) Act 1999 and the regulations under this Act, in any Act or instrument:
(a) a reference to a provision of the old legislation for which there is a corresponding provision in the amended legislation extends to the corresponding provision of the amended legislation, and
(b) a reference to any act, matter or thing referred to in a provision of the old legislation for which there is a corresponding provision in the amended legislation extends to the corresponding act, matter or thing referred to in the corresponding provision of the amended legislation.
Subject to the Crimes (Sentencing Procedure) Act 1999 , the Crimes (Administration of Sentences) Act 1999 and the regulations under this Act:
(a) anything begun before the appointed day under a provision of the old legislation for which there is a corresponding provision in the amended legislation may be continued and completed under the old legislation as if the 1999 amending Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the old legislation for which there is a corresponding provision in the amended legislation (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of the amended legislation.
Division 2A of Part 3 extends to proceedings for an offence that were instituted before the commencement of that Division, but does not apply to any such proceedings if the accused person was committed for trial before that commencement.
The amendment made to section 48 by the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 applies to proceedings in which the accused person is committed for trial after the commencement of the amendment.
Section 54, as substituted by the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 , does not apply to proceedings in which the accused person was committed for trial before the substitution of that section.
Section 63A applies to indictments presented after the commencement of that section.
(1) The amended Part does not apply in relation to criminal proceedings the hearing of which began before it was amended. The Part, as in force before it was amended, continues to apply in relation to such proceedings.
(2) The amended Part applies in relation to a requirement (whether by subpoena or other procedure) to produce a document on or after its amendment even if the requirement was issued before it was amended.
(3) The amended Part applies in respect of a protected confidence whether made before or after it was amended.
(4) In this clause:
"amended Part" means Part 7 as amended by the amending Act.
"amending Act" means the Criminal Procedure Amendment (Sexual Assault Communications Privilege) Act 2002 .
"protected confidence" has the meaning it has in Part 7.
In this Part:
"amended Criminal Procedure Act" means this Act, as amended by the Criminal
Procedure Amendment (Justices and Local Courts) Act 2001 .
"amended Local Courts Act" means the Local Courts Act 1982 , as amended by the
Justices Legislation Repeal and Amendment Act 2001 .
"old Act" means this Act, as in force before its amendment by the Criminal
Procedure Amendment (Justices and Local Courts) Act 2001 .
"renumbered provision" means a provision of this Act that is renumbered by the
Criminal Procedure Amendment (Justices and Local Courts) Act 2001 .
"repealed provision" means a provision of an Act that is repealed by one of
the 2001 amending Acts.
"2001 amending Acts" means the Criminal Procedure Amendment (Justices and
Local Courts) Act 2001 and the Justices Legislation Repeal and Amendment Act
2001 .
(1) The registry functions of the abolished office of the Clerk of the Peace are the functions of the registrars and other officers of the Supreme Court or the District Court.
(2) Subclause (1) has effect subject to this Act and any other Act and, in particular, does not affect the functions of the Criminal Listing Director.
(3) A reference in any other Act, in any instrument made under any Act or in any other instrument of any other kind to the Clerk of the Peace is to be read as a reference to such person or persons as may be prescribed.
(1) If any proceedings commenced, or any other thing commenced or done, under a repealed provision still having effect or not completed immediately before the repeal could have been done or commenced under the corresponding provision of the amended Criminal Procedure Act or the amended Local Courts Act:(a) the thing done continues to have effect, or(b) the proceedings or other thing commenced may be completed.
(2) A decision, order or a sentence made by a Local Court, or any other person or body, that is completed under subclause (1) may be enforced as if the provisions of the old Act and the Justices Act 1902 and any repealed instruments under those Acts were still in force.
(3) Any act, matter or thing done or omitted to be done under a repealed provision or renumbered provision, and having force immediately before the commencement of a provision of an Act that replaces the repealed provision or renumbers the provision, is on that commencement taken to be done under the corresponding provision of the amended Criminal Procedure Act or Local Courts Act (as the case requires).
(1) Except as provided by this clause, a reference in any other Act or instrument:(a) to a repealed provision for which there is a corresponding provision in the amended Criminal Procedure Act, or to a renumbered provision, extends to the corresponding provision of the amended Criminal Procedure Act, and(b) to a repealed provision for which there is a corresponding provision in the amended Local Courts Act extends to the corresponding provision of the amended Local Courts Act, and(c) to any act, matter or thing referred to in a repealed provision or a renumbered provision extends to the corresponding act, matter or thing referred to in the corresponding provision of the amended Criminal Procedure Act or amended Local Courts Act.
(2) The regulations may provide that a reference in any other Act or instrument or a specified instrument to a repealed provision or a renumbered provision is to be read as a reference to another specified instrument (or a specified provision of such an instrument).
In any Act or statutory rule under which a function is conferred on one or more justices (other than an authorised justice), a reference to a justice in connection with the function is taken to be a reference to a Magistrate or Local Court, if the function is, because of the 2001 amending Acts, instead conferred on a Magistrate or Local Court.
An act, matter or thing done or omitted to be done by a justice (other than a Magistrate or an authorised justice within the meaning of the Search Warrants Act 1985 ) before the commencement of this clause in accordance with a provision of an Act or a statutory rule continues to have effect after that commencement as if the Act, matter or thing were done by an authorised officer or a Magistrate (as the case requires).
(1) The provisions of the amended Criminal Procedure Act, and any instruments made under that Act, apply to or in relation to proceedings for an offence committed before the commencement of this clause, if proceedings for the offence were not commenced before the commencement of this clause.
(2) The provisions of the old Act and the Justices Act 1902 , and any instruments made under those Acts, continue to apply to or in relation to proceedings for an offence committed before the commencement of this clause, if proceedings for the offence were commenced before the commencement of this clause.
(3) For the purposes of this clause, proceedings are taken to have been commenced in respect of an offence if an information was laid or a complaint made, or an attendance notice issued, in relation to the offence, before the commencement of this clause.
(4) This clause applies to all proceedings for offences (including committal proceedings).
(5) This clause does not apply to or in respect of Parts 4A, 5, 5A and 5B of the Justices Act 1902 .
Without limiting the generality of any other provision of this Part, the provisions of the old Act and any instrument made under that Act continue to apply to or in relation to:
(a) requiring the appearance of accused persons, witnesses and other persons at proceedings relating to offences to which the old Act and the Justices Act 1902 continue to apply, and
(b) the issue and enforcement of and requirements for warrants of apprehension and commitment relating to offences to which the old Act and the Justices Act 1902 continue to apply, and
(c) the service of process and other documents relating to offences to which the old Act and the Justices Act 1902 continue to apply.
A warrant issued under the Justices Act 1902 before the commencement of this clause and in force before that commencement continues to have effect, and may be executed and enforced, as if that Act were still in force.
Without limiting the generality of any other provision of this Part, the provisions of the Justices Act 1902 and any instrument made under that Act continue to apply to or in relation to:
(a) orders for, and the payment of, costs by accused persons or other persons in any proceedings commenced under that Act before the commencement of this clause, and
(b) the enforcement of any such order.
A provision of an Act or a statutory instrument that confers on a person or body the same protection and immunities as a justice of the peace (however expressed) is taken to confer on the person or body:
(a) the same protection and immunities as are conferred on a Magistrate, if the protection and immunities are conferred in respect of the exercise of judicial functions or functions required to be exercised judicially, or
(b) the same protection and immunities as are conferred on a registrar of a Local Court, if the protection and immunities are conferred in respect of the exercise of any other function.
A provision of an Act or a statutory rule relating to the making or use (including the admissibility) of a deposition of a witness made before the commencement of this clause, and in force immediately before that commencement, continues to apply to a deposition made in accordance with any applicable law before the commencement of this clause.
References in an Act (other than this Act), in any instrument made under an Act or in any other instrument, to an expression listed in Column 1 of the Table to this clause are taken to be references to the expression listed next to that expression in Column 2 of the Table.
| Old expression | New expression |
| justices in petty sessions | Local Court |
| summary proceedings before justices | summary proceedings before a Local Court |
| Act regulating summary proceedings before justices | Criminal Procedure Act 1986
, if the reference relates to proceedings for an offence Local Courts Act 1982 , if the reference relates to any other proceedings |
| clerk of courts of petty sessions or clerk of petty sessions | registrar of a Local Court |
| clerk of a Local Court | registrar of a Local Court |
| laying an information for an offence, if the reference is to an offence required to be dealt with by a Local Court | issuing and filing a court attendance notice |
| making a complaint or issuing a summons, if the reference is to an offence to be dealt with by a Local Court (other than under the Local Courts (Civil Claims) Act 1970 ) | issuing and filing a court attendance notice |
| making a complaint or issuing a summons, if the reference is to a matter required to be dealt with by a Local Court (other than an offence under the Local Courts (Civil Claims) Act 1970 ) | issuing and filing an application notice |
| issue of an attendance notice for an offence, if the reference is to an offence required to be dealt with by a Local Court | issuing and filing a court attendance notice |
| warrant of apprehension or warrant to apprehend, if the reference is to a warrant issued under the Justices Act 1902 | arrest warrant |
| deposition, if the reference is to evidence given by a witness before a Magistrate or Local Court | transcript of evidence |
(1) Nothing in the 2001 amending Acts affects the appointment of any existing authorised justice and any such person is taken to have been appointed under the Search Warrants Act 1985 , as amended by the Justices Legislation Repeal and Amendment Act 2001 .
(2) In this clause:
"existing authorised justice" means a person who was, immediately before the commencement of the amendments made to section 3 of the Search Warrants Act 1985 by the Justices Legislation Repeal and Amendment Act 2001 , an authorised justice within the meaning of the Search Warrants Act 1985 .
In this Part:
"amending Act" means the Criminal Procedure Further Amendment (Evidence) Act
2005 .
(1) The amendments made by the amending Act to the definitions of "prescribed sexual offence" in section 3 (1), "child sexual assault offence" in section 91 and "sexual assault offence" in section 295 extend to proceedings in respect of an offence, and to civil proceedings (insofar as the amendments are relevant to civil proceedings), that were instituted or partly heard before the commencement of the amendments.Note: Division 1B of Part 3.10 of Chapter 3 of the Evidence Act 1995 applies the definition of "sexual assault offence" in section 295 to certain civil proceedings.
(2) Subclause (1) does not affect the admissibility of any evidence admitted in proceedings before the commencement of those amendments or otherwise affect the validity of anything done, or omitted to be done, before that commencement.
(3) In particular, the application, as a result of an amendment referred to in subclause (1), of section 91 (8) or 93 to proceedings to which it did not apply before the commencement of Schedule 1 [1] to the amending Act does not affect the validity of any direction given under section 91 before that commencement. However if, as a result of an amendment referred to in subclause (1), section 91 (8) or 93 applies in respect of a person directed to attend committal proceedings, and the person has not yet attended, the Magistrate must, on application by the prosecutor, revoke the direction.
(4) The amendments made to Division 3 of Part 5 of Chapter 6 by the amending Act extend to proceedings for a new trial ordered before the commencement of the amendments, including new trial proceedings that have been instituted or partly heard.
(1) Section 275A, as inserted by the amending Act, extends to proceedings instituted or partly heard before the commencement of that section.
(2) However, that section does not affect the admissibility of any evidence admitted in any proceedings before that commencement or otherwise affect the validity of anything done, or omitted to be done, before that commencement.
Part 2A of Chapter 6, as inserted by the amending Act, extends to a criminal investigation instituted, or criminal proceedings instituted or partly heard, before the commencement of that Part.
(1) New section 291, and sections 291A, 291B and 291C as inserted by the amending Act, extend to proceedings instituted or partly heard before the commencement of new section 291, subject to this clause.
(2) The replacement of former section 291 by the amending Act does not affect the validity of any direction made under that section before the replacement of that section that requires the proceedings to be held partly or entirely in camera.
(3) However, unless the court has already directed under former section 291 that the evidence of the complainant be given in camera, new section 291 applies in respect of any evidence given by the complainant after the commencement of new section 291. That is, such evidence must be given in camera unless the court otherwise directs under new section 291.
(4) In this clause:
"former section 291" means section 291, as in force before its replacement by the amending Act.
"new section 291" means section 291, as inserted by the amending Act.
The amendments made by the amending Act to section 294B and section 294C, as inserted by the amending Act, extend to proceedings instituted or partly heard before the commencement of those amendments.
In this Part:
"applicable signing provision" means section 126 or any corresponding
provisions of this Act previously in force that applied to the signing of
indictments at the time concerned.
"introduction day" means the day on which the Bill for the Criminal Procedure
Amendment (Prosecutions) Act 2005 was first introduced into Parliament.
"relevant period" means the period commencing on 13 July 1987 and ending
immediately before the introduction day.
(1) This clause applies to an indictment signed by a legal practitioner during the relevant period that purports to be signed for and on behalf of the Director of Public Prosecutions in circumstances where:(a) the legal practitioner was instructed to prosecute the criminal proceedings to which the indictment related on behalf of the Director of Public Prosecutions, and(b) the legal practitioner was not authorised by or under the applicable signing provision to sign the indictment for and on behalf of the Director of Public Prosecutions.
(2) Any indictment to which this clause applies that, but for this subclause, would have been invalid only because it had not been signed by a person authorised to sign it under the applicable signing provision, is taken at the time it was signed and at all relevant times after it was signed to have been a valid indictment.
(3) Without limiting subclause (2), any criminal proceedings (including any conviction or acquittal of the defendant or sentence imposed on the defendant) that would otherwise have been invalid or a nullity only because the proceedings related to an indictment validated by subclause (2) are taken to be, and always to have been, valid.
(4) However, nothing in this clause affects the validity of a particular indictment to which this clause applies or criminal proceedings relating to such an indictment if the indictment or proceedings (or both) were held to be invalid or a nullity before the introduction day in a judgment, order or other decision of a court.
(1) Section 130A, as inserted by the amending Act, applies only to pre-trial orders made after the commencement of that section (irrespective of when the relevant sexual offence proceedings commenced).
(2) In this clause, "amending Act" means the Criminal Procedure Amendment (Sexual Offence Case Management) Act 2005 .
In this Part:
"amending Act" means the Courts Legislation Amendment Act 2006 .
(1) An amendment made to this Act by the amending Act does not extend to proceedings instituted before the commencement of that amendment.
(2) Such proceedings may be dealt with as if the amendment had not commenced.
(1) The amendments made by the Criminal Procedure Amendment (Sexual and Other Offences) Act 2006 do not extend to any proceedings commenced before the commencement of the amendments and any such proceedings may continue as if that Act had not been enacted.
(2) This clause does not apply to the amendments inserted by Schedule 1 [10] to the Criminal Procedure Amendment (Sexual and Other Offences) Act 2006 .
Section 179 (3), as inserted by the Crimes and Courts Legislation Amendment Act 2006 , extends to a summary offence that relates to the death of a person before the commencement of that subsection, but only if the period for commencement of proceedings in relation to the offence under section 179 (1) has not expired on the commencement of section 179 (3).
Section 237 (1A)-(1C), as inserted by the Crimes and Courts Legislation Amendment Act 2006 , does not apply to a warrant issued before the commencement of those provisions.
In this Part:
"amending Act" means the Criminal Procedure Amendment (Vulnerable Persons) Act
2007 .
The amendments made to this Act by the amending Act do not extend to any proceedings commenced before the commencement of the amendments and any such proceedings are to be dealt with as if the amending Act had not been enacted.
Any proceedings to which the Evidence (Children) Act 1997 applied that were pending immediately before the repeal of that Act by the amending Act are to continue to be dealt with as if that Act had not been repealed.
The amendment made to section 265 by the Criminal Procedure Amendment (Local Court Process Reforms) Act 2007 does not extend to proceedings commenced before the commencement of the amendment and such proceedings may continue as if that amendment had not been enacted.
(1) An amendment made to section 275A or 294 by the Evidence Amendment Act 2007 does not apply in relation to any proceeding the hearing of which began before the commencement of the amendment.
(2) Sections 275A and 294, as in force immediately before the commencement of the amendment, continue to apply to proceedings the hearing of which began before that amendment.
(1) The amendments made to Division 3 of Part 3 of Chapter 3 by the Criminal Legislation Amendment Act 2007 do not apply in respect of any pre-trial disclosure that is carried out pursuant to an order made by the court under section 136 before the commencement of the amendments.
(2) The amendments made to sections 150 and 151 by the Criminal Legislation Amendment Act 2007 do not apply in respect of a trial that was listed for hearing before the commencement of the amendments.
The amendments made to sections 205 and 208 by the Criminal Legislation Amendment Act 2007 apply only to the dismissal of a matter on or after the commencement of the amendments.
Section 170, as amended by Schedule 7 to the Courts and Crimes Legislation Further Amendment Act 2008 , does not apply to proceedings commenced before the commencement of that Schedule.