CRIMES ACT 1958 - SECT 322C Nomenclature
CRIMES ACT 1958 - SECT 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indictable offence in the enactments specially relating to that offence by reason only of the reference being in terms no longer applicable after the commencement of this Part.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.
S. 322C(5) amended by No. 68/2009 s. 97(Sch. item 40.19).
(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, including offences which may, or may in certain circumstances, also be heard and determined summarily.
S. 322D inserted by No. 9576 s. 2.