Victorian Consolidated Legislation

Crimes Act 1958 - SECT 322C

Nomenclature

322C. Nomenclature



(1) Subject to any express amendment or repeal made by the Crimes
(Classification of Offences) Act 1981, any enactment passed before the
commencement of this Part and creating an offence by directing it to be a
felony shall be read as directing it to be an indictable offence.

(2) Nothing in this Part shall affect the operation of any reference to an
indictable offence in the enactments specially relating to that offence by
reason only of the reference being in terms no longer applicable after the
commencement of this Part.





(3) Any offence known to the common law as a felony or a misdemeanour shall on
and from the commencement of this Part be known as an indictable offence.

(4) Subject to subsection (1) and to any express amendment or repeal made by
the Crimes (Classification of Offences) Act 1981, a reference in any
instrument or document whatsoever (including Acts, rules, regulations and
other instruments of a legislative character) to-

   (a)  a class of felony; or

   (b)  felonies in general-

shall be read and construed as a reference to that class of serious indictable
offence or to serious indictable offences generally, as the case requires; and
for the purposes of this subsection the expression serious indictable offence
has the same meaning as it has in section 325.

(5) Where in any Act, rule, regulation or other instrument of a legislative
character a provision is expressed to apply to or in relation to indictable
offences, the provision shall be read and construed as applying to offences
which may be tried on indictment or presentment, including offences which may,
or may in certain circumstances, also be tried summarily.