Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 33

Transitional provisions

33. Transitional provisions



(1) This Act applies only to and in relation to-

   (a)  trials of an offence, or of an offence that is not materially
        different from an offence, for which the accused was committed on a
        committal proceeding on or after the commencement of section 4; or

   (b)  trials for which presentment is made on or after that commencement
        other than trials of an offence, or of an offence that is not
        materially different from an offence, for which the accused was
        committed on a committal proceeding before that commencement.

(2) The Crimes (Criminal Trials) Act 1993 continues to apply to and in
relation to a trial to and in relation to which this Act does not apply by
virtue of subsection (1) as if that Act had not been repealed.

(3) Despite subsections (1) and (2), on a joint application by all the parties
to a trial to and in relation to which this Act does not apply by virtue of
subsection (1) the court may order that-

   (a)  this Act is to apply to and in relation to the trial; and

   (b)  the Crimes (Criminal Trials) Act 1993 is to cease to apply to and in
        relation to the trial-

to the extent set out in the order.

(4) If an order is made under subsection (3), then this Act applies, and the
Crimes (Criminal Trials) Act 1993 ceases to apply, to and in relation to the
trial to the extent set out in the order.