Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 51

Transitional provisions-Justice Legislation Amendment Act 2008

51. Transitional provisions-Justice Legislation Amendment Act 2008



(1) The amendments made by sections 15, 16 and 19 of the Justice Legislation
Amendment Act 2008 apply on and after the commencement of those sections
whether the application for an extended supervision order, renewal of an
extended supervision order or review of an extended supervision order was made
before, on or after that commencement.

(2) Division 4A of Part 2 applies on and after the commencement of section 17
of the Justice Legislation Amendment Act 2008 whether the application for an
extended supervision order or renewal of an extended supervision order
referred to in section 25A(1)(a) or (b) was made before, on or after that
commencement.





(3) Subject to subsection (4), if a grant of bail was made under section 32(2)
before the commencement of section 18 of the Justice Legislation Amendment Act
2008, that grant, and any conditions to which the bail was subject, continue
in force on and after that commencement and the Bail Act 1977 applies, with
any necessary modifications, for that purpose.

(4) If-

   (a)  an application for an extended supervision order or renewal of an
        extended supervision order was made before the commencement of section
        18 of the Justice Legislation Amendment Act 2008; and

   (b)  bail was granted under section 32(2) before that commencement in
        respect of an adjourned hearing of that application; and

   (c)  an interim extended supervision order is made under Division 4A of
        Part 2 after that commencement in relation to that application-

the grant of bail referred to in paragraph (b), and any conditions to which
the bail is subject, cease to have any force on the coming into force of the
interim extended supervision order referred to in paragraph (c).

(5) Section 39, as substituted by section 20 of the Justice Legislation
Amendment Act 2008, applies on and after the commencement of that section 20
to an appeal whether the appeal was instituted before, on or after that
commencement.

(6) Section 39A applies on and after the commencement of section 21 of the
Justice Legislation Amendment Act 2008 to an appeal whether the appeal was
instituted before, on or after that commencement.

(7) The amendments made to Part 4A by section 22 of the Justice Legislation
Amendment Act 2008 apply to any change of name application received by the
Registrar before the commencement of that section 22, if the change of name
had not been registered before that commencement.

(8) The amendments made to the Schedule by section 24 of the Justice
Legislation Amendment Act 2008 apply on and after the commencement of that
section whether a person was sentenced in respect of a relevant offence
before, on or after that commencement and accordingly also apply on and after
that commencement with respect to-

   (a)  an extended supervision order made before that commencement; and

   (b)  an application for an extended supervision order or renewal of an
        extended supervision order made but not determined before that
        commencement; and

   (c)  a review of an extended supervision order initiated but not completed
        before that commencement; and

   (d)  an appeal under Part 3 instituted but not determined before that
        commencement.