CRIMINAL PROCEDURE AMENDMENT (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2009 (NO. 68 OF 2009) - SCHEDULE
CRIMINAL PROCEDURE AMENDMENT (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2009 (NO. 68 OF 2009) - SCHEDULE
SCHEDULE
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CONSEQUENTIAL AND OTHER AMENDMENTS
1 Aboriginal Heritage Act 2006
1.1 In section 30(2), for "sentencing order" substitute "sentence".
1.2 In section 35(1), for "sentencing order" substitute "sentence".
2.1 In section 25(4), for "charge for" substitute "charge-sheet charging".
3 Accident Compensation Act 1985
3.1 In section 252(1)—
(a) for "charge for an offence" substitute "charge-sheet charging an offence"; and
(b) for "or for an offence" (wherever occurring) substitute "or an offence"; and
(c) for "to file charges" substitute "to file charge-sheets".
3.2 In section 252(1A), for "charge for an offence" substitute "charge-sheet charging an offence".
4 Accident Towing Services Act 2007
4.1 For section 3(3)(a) substitute —
"(a) against whom an indictment charging the offence has been filed; or".
4.2 In section 3(3)(b), for "a charge has been filed for the offence" substitute "a charge-sheet charging the offence has been filed".
4.3 In section 3(4)(a), for "by the entering of a nolle prosequi" substitute "by the discontinuance of the prosecution".
4.4 In section 3(4)(c), for "against whom the charge has been laid" substitute "charged".
4.5 In section 3(4)(d)—
(a) for "against whom the charge has been laid" substitute "charged"; and
(b) omit "that was the subject of the charge".
4.6 In section 128(7)(c), for "the charge" substitute "the offence charged".
4.7 In section 193(3), for "defendant" substitute "accused".
4.8 In section 204(3), for "charge" substitute
"charge-sheet".
5 Administrative Law Act 1978
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5.1 In section 12, after "quashing" insert "or setting aside".
6 Agricultural and Veterinary Chemicals (Victoria) Act 1994
6.1 In section 3(1), in the definition of "instrument"—
(a) in paragraph (g), after "information or complaint laid," insert "charge-sheet filed,"; and
(b) in paragraph (h) omit "presentment,".
7 Alcoholics and Drug-dependent Persons Act 1968
7.1 In section 14(2), for "appearing" substitute "attendance".
7.2 In section 14(3), for "Division 4 of Part 4 of the Magistrates' Court Act 1989 with respect to appeals" substitute "Chapter 6 of the Criminal Procedure Act 2009 ".
8.1 In section 14(1), after "quashes" insert "or sets aside".
8.2 In section 15(1), for paragraphs (a), (b) and (c) substitute —
"(a) section 257, 260, 287 or 291 of the Criminal Procedure Act 2009 ; or
(b) section 427 of the Children, Youth and Families Act 2005 —".
8.3 In section 17(1)(b), for "a defendant" substitute "an accused".
8.4 In section 17(4), for "a defendant" substitute
"an accused".
8.5 In section 18(a), for subparagraphs (ii) and
(iii) substitute —
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"(ii) under section 14A or 24AA of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or".
8.6 For section 18(b) substitute —
"(b) an investigation under Part 2 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 into the fitness of an accused to stand trial; or".
9 Australian Crime Commission (State Provisions) Act 2003
9.1 In section 20(7), for " section 53(1) of the Magistrates' Court Act 1989 " substitute " section 28(1) of the Criminal Procedure Act 2009 ".
10 Australian Grands Prix Act 1994
10.1 In section 45(2)(b), for "defendant" substitute "accused".
11.1 For "accused person" (wherever occurring) substitute "accused".
11.2 In section 3, in the definition of "undertaking", for "appear" substitute "attend".
11.3 In section 5(1)(a), for "appear" substitute "attend".
11.4 In section 5(2)(a), for "appears" substitute "attends".
11.5 In the heading to section 5A, for " defendant " substitute " accused ".
11.6 In section 5A, for "defendant" (wherever occurring) substitute "accused".
11.7 In the note at the foot of section 5A, for "
section 49 of the Magistrates' Court Act 1989 " substitute "section 333
of the Criminal Procedure Act 2009 ".
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11.8 In section 6, for "appear" substitute "attend".
11.9 In section 7(1)(a), for "preliminary inquiry" substitute "committal proceeding".
11.10 In section 11(5), for "defendant" substitute "accused".
11.11 In section 12(1), for "appearance" substitute "attendance".
11.12 In section 12(2), for "appearance" substitute "attendance".
11.13 In section 15(1)—
(a) for "appearance" (wherever occurring) substitute "attendance"; and
(b) for "a preliminary examination" substitute "the first hearing in a committal proceeding".
11.14 In section 16(3)—
(a) for "appear" (wherever occurring) substitute "attend"; and
(b) for "appearance" substitute "attendance".
11.15 In section 16A, for "appearance" substitute "attendance".
11.16 In section 17(2), for "appearance" substitute "attendance".
11.17 In section 18(1), for "pending a preliminary hearing or trial for an offence or pending the determination of the matter of an information" substitute "pending the summary hearing of a charge or a committal proceeding or a trial".
11.18 In section 18A(6), for "quash" substitute
"set aside".
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11.19 In section 18A(9), for "appearance" substitute "attendance".
11.20 In section 19(1), for "appear" substitute "attend".
11.21 In section 19(2)—
(a) for "appear" substitute "attend"; and
(b) for "appearance" substitute "attendance".
11.22 In section 19(3)—
(a) for "appear" substitute "attend"; and
(b) for "appearance" substitute "attendance".
11.23 In section 21(1), for "appear" (wherever occurring) substitute "attend".
11.24 In section 22, for "appear" substitute "attend".
11.25 In section 23—
(a) for "appearance" (wherever occurring) substitute "attendance"; and
(b) for "a defendant" substitute "an accused"; and
(c) for "the defendant" (wherever occurring) substitute "the accused".
11.26 In section 24(1), for "appearance" (wherever occurring) substitute "attendance".
11.27 In section 24(2)(b), for "appear" substitute "attend".
11.28 In section 24(3)(a)(i), for "appear" substitute "attend".
11.29 In section 25, for "the defendant" (wherever occurring) substitute "the accused".
11.30 In section 26(2)—
(a) for "appearance" substitute "attendance"; and
(b) for "appear" substitute
"attend".
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11.31 In section 28, for "appearance" substitute "attendance".
11.32 In section 29(1)—
(a) for "appear" substitute "attend"; and
(b) for "appearance" substitute "attendance".
11.33 In section 29(2), for "appearance" (wherever occurring) substitute "attendance".
11.34 In section 30(1), for "appear" substitute "attend".
11.35 In section 30(2)—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "appear" substitute "attend".
11.36 In section 30(3), for "appearance" substitute "attendance".
11.37 In section 31(1), for "appearance" substitute "attendance".
11.38 Insert the following heading to section 32—
" Deposit forfeited on failure to attend ".
11.39 In section 32, for "appear" substitute "attend".
11.40 In section 33(b) and (c), for "accused persons" substitute "an accused".
12 Biological Control Act 1986
12.1 In section 45(3), for "defendant" substitute "accused".
13.1 In section 118(3), for "defendant" substitute "accused".
14 Bus Safety Act 2009
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14.1 In section 3(4)(a)—
(a) omit "a presentment has been made or"; and
(b) for "laid" substitute "filed".
14.2 In section 3(4)(b), for "a charge has been filed for the offence" substitute "a charge-sheet charging the offence has been filed".
14.3 In section 3(5)(a), for "by the entering of a nolle prosequi" substitute "by the discontinuance of the prosecution".
14.4 In section 3(5)(c), for "against whom the charge has been laid" substitute "charged".
14.5 In section 3(5)(d)—
(a) for "against whom the charge has been laid" substitute "charged"; and
(b) omit "that was the subject of the charge".
14.6 In the note at the foot of section 15(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
14.7 In the note at the foot of section 16(4), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
14.8 In the note at the foot of section 17(2), for
" section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 "
substitute " section 28 of the Criminal Procedure Act 2009 ".
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14.9 In the note at the foot of section 18(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
14.10 For Division 1 of Part 9 substitute —
' Division 1 — Criminal Procedure Act 2009
79 Amendment of Schedule 2—Indictable offences that may be heard and determined summarily
After item 3 of Schedule 2 to the Criminal Procedure Act 2009 insert —
" 3A Bus Safety Act 2009
Indictable offences under the Bus Safety Act 2009 .".'.
15 Business Franchise (Tobacco) Act 1974
15.1 In section 19E(5), for "defendant" substitute "accused".
15.2 In section 19E(6), for "defendant" (wherever occurring) substitute "accused".
16.1 In section 60(4), for "defendant" substitute "accused".
17 Cemeteries and Crematoria Act 2003
17.1 In section 175, for " section 26 of the Magistrates' Court Act 1989 " substitute " section 7 of the Criminal Procedure Act 2009 ".
18
Charter of Human Rights and Responsibilities Act 2006
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18.1 In section 3(1) insert the following definition—
""trial", in relation to the Magistrates' Court or the Children's Court, means hearing of a charge;".
18.2 In section 21(6), for "appear" substitute "attend".
18.3 In section 33(3), after "Supreme Court"
insert
"or by the County Court".
18.4 After section 49(3) insert—
"(4) Section 33(3) as amended by item 18.3 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to a question referred under section 33(1) on or after the commencement of that item.".
19 Children's Services Act 1996
19.1 In section 8(2), for "defendant" substitute "accused".
20 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
20.1 In section 12(2)(a), for "defendant" substitute "accused".
20.2 In section 13(2)—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "defendant's employee or agent" (wherever occurring) substitute "employee or agent of the accused".
20.3 In section 14(3)—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "defendant's employee or
agent" (wherever occurring) substitute "employee or agent of the accused".
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20.4 In section 19(2), for "defendant" substitute "accused".
20.5 In section 20(3)—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "defendant's employee or agent" (wherever occurring) substitute "employee or agent of the accused"; and
(c) for "defendant's employer" substitute "employer of the accused".
20.6 In section 20(6)—
(a) for "defendant" substitute "accused"; and
(b) for "defendant's employee or agent" substitute "employee or agent of the accused".
20.7 In section 22(2), for "defendant" substitute "accused".
20.8 In section 25(3), for "defendant" substitute "accused".
20.9 In section 29(2), for "defendant" (wherever occurring) substitute "accused".
20.10 In section 30(2), for "defendant" (wherever occurring) substitute "accused".
20.11 In section 30(5), for "defendant" substitute "accused".
20.12 In section 33(2)—
(a) for "defendant" substitute "accused"; and
(b) for "defendant's employee or
agent" substitute "employee or agent of the accused".
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20.13 In section 39(2)(a), for "defendant" substitute "accused".
20.14 In section 41(2), for "defendant" substitute "accused".
20.15 In section 42(3)—
(a) for "defendant" substitute "accused"; and
(b) for "defendant's employee or agent" substitute "employee or agent of the accused".
20.16 In section 44(2), for "defendant" substitute "accused".
20.17 In section 57(2), for "defendant" substitute "accused".
20.18 In section 58(2) and (5), for "defendant" (wherever occurring) substitute "accused".
20.19 In section 60(4), for "defendant" substitute "accused".
20.20 In section 60A(4), for "defendant" substitute "accused".
20.21 In section 61(4), for "defendant" substitute "accused".
20.22 In section 62(3), for "defendant" substitute "accused".
20.23 In section 62A(3), for "defendant" substitute "accused".
20.24 In section 62B(3), for "defendant" substitute "accused".
20.25 In section 77(2), for "defendant" substitute "accused".
21 Collusive Practices Act 1965
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21.1 In section 3(2) and (4), for "defendant" substitute "accused".
21.2 After section 11 insert —
" 12 Transitional
(1) Sections 3(1), 3(3) and 7, as amended by section 435(4) of the Criminal Procedure Act 2009 apply to an offence alleged to have been committed on or after the commencement of section 435(4) of that Act.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(4) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.".
22 Competition Policy Reform (Victoria) Act 1995
22.1 In section 3(1), in the definition of "instrument"—
(a) in paragraph (g), after "information or complaint laid," insert "charge-sheet filed,"; and
(b) in paragraph (h) omit "presentment,".
22.2 In section 24(2)(b), after "trial" insert "or hearing of a charge".
23.1 In section 3(1) insert the following definition—
"" accused", in relation to an offence, means the person who—
(a) has been or will be charged with
the offence; or
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(b) has been convicted of the offence—
and in respect of whom an application is made under this Act;".
23.2 In section 3(1), in the definition of "appeal period", for "a defendant's conviction of an offence" substitute "the conviction of an accused of an offence".
23.3 In section 3(1), the definition of defendant is repealed .
23.4 In section 3(1), in the definition of "derived property", for "defendant" (wherever occurring) substitute "accused".
23.5 In section 3(1), in the definition of "gift", for "defendant" substitute "accused".
23.6 In section 3(1), in the definition of "tainted property", for "defendant" substitute "accused".
23.7 Insert the following heading to section 6—
" Meaning of setting aside a conviction ".
23.8 In section 6—
(a) for "quashed" (where first occurring) substitute "set aside"; and
(b) in paragraphs (a), (b) and (c) omit "quashed or".
23.9 For section 7(1)(a) substitute —
"(a) an indictment has been filed against the
person for the offence; or".
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23.10 In section 7(2), for "the entering of a nolle prosequi" substitute "the discontinuance of a prosecution".
23.11 Insert the following heading to section 10—
" Property in which the accused has an interest ".
23.12 In section 10, for "defendant" (wherever occurring) substitute "accused".
23.13 In section 12(4), for "a defendant"
substitute
"an accused".
23.14 In section 12(5)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
23.15 In section 16(1), for "defendant" substitute "accused".
23.16 In section 16(4), for "defendant" (wherever occurring) substitute "accused".
23.17 In section 18(1), for "defendant" substitute "accused".
23.18 In section 20(1), for "defendant" substitute "accused".
23.19 In section 21, for "defendant" (wherever occurring) substitute "accused".
23.20 In section 22, for "defendant" (wherever occurring) substitute "accused".
23.21 In section 26(2)(b), for "defendant" substitute "accused".
23.22 In section 27—
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(a) for "a defendant" (wherever occurring) substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused"; and
(c) in subsection (3)(c)—
(i) for "quashed" substitute "set aside"; and
(ii) for "re-trial" substitute "new trial"; and
(iii) for "quashing" substitute "setting aside".
23.23 In section 32—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
23.24 In section 34A(1), for "defendant" substitute "accused".
23.25 In section 34B—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
23.26 In the example at the foot of section 34B(2)(c)—
(a) for "A defendant" substitute "An accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused"; and
(c) for "the defendant's flat" substitute "the flat owned by the accused".
23.27 In section 34C, for "defendant" (wherever
occurring) substitute "accused".
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23.28 In section 35—
(a) for "the defendant's conviction" (wherever occurring) substitute "the conviction of the accused"; and
(b) for "defendant" substitute "accused".
23.29 In section 35A(1), for "a defendant" substitute "an accused".
23.30 In section 35A(2), for "defendant" substitute "accused".
23.31 In the heading to section 35B, for " defendant " substitute " accused ".
23.32 In section 35B, for "defendant" (wherever occurring) substitute "accused".
23.33 In section 36—
(a) for "a defendant's conviction" substitute "the conviction of an accused"; and
(b) for "a defendant" substitute "an accused".
23.34 In section 44(2), for "defendant" substitute "accused".
23.35 In section 46(1)(a), for "quashed"
substitute
"set aside".
23.36 In section 47(1)(a), for "quashed"
substitute
"set aside".
23.37 In section 49(1), for "defendant" substitute "accused".
23.38 In section 50, for "defendant" (wherever occurring) substitute "accused".
23.39 In section 51(1), for "defendant" substitute "accused".
23.40 In section 52, for "defendant" (wherever
occurring) substitute "accused".
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23.41 In section 56(7) for "quashed" substitute
"set aside".
23.42 In section 58—
(a) for "a defendant" (wherever occurring) substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
23.43 In section 59, for "defendant" (wherever occurring) substitute "accused".
23.44 In section 60(2)(d), for "defendant" substitute "accused".
23.45 In section 61—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
23.46 In section 62(1)(a), for "quashed"
substitute
"set aside".
23.47 In section 63(1), for "a defendant"
substitute
"an accused".
23.48 In section 63(5), for "defendant" substitute "accused".
23.49 In section 64(1) and (2), for "defendant" (wherever occurring) substitute "accused".
23.50 In section 64(3), for "defendant" substitute "accused".
23.51 In section 64(5)—
(a) for "quashing" substitute
"setting aside"; and
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(b) for "quashed" substitute "set aside".
23.52 In section 64(6), for "a defendant"
substitute
"an accused".
23.53 In section 67—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused"; and
(c) for "on the defendant's behalf" substitute "on behalf of the accused"; and
(d) for "the defendant's thoughts, opinions or emotions" substitute "the thoughts, opinions or emotions of the accused".
23.54 In section 68—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
23.55 In section 69, for "defendant" (wherever occurring) substitute "accused".
23.56 In section 70, for "defendant" (wherever occurring) substitute "accused".
23.57 In section 74, for "defendant" (wherever occurring) substitute "accused".
23.58 In section 78(3)(b), for "quashed"
substitute
"set aside".
23.59 In section 93(4), for "defendant" substitute "accused".
23.60 In section 95B(2)(f), for "defendant" substitute "accused".
23.61 In section 97(1)(d)—
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(a) for "quashed" substitute "set aside"; and
(b) for "retrial" substitute "new trial"; and
(c) for "quashing" (wherever occurring) substitute "setting aside".
23.62 In section 98—
(a) for "a defendant" (wherever occurring) substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
23.63 In section 118E(2)(a), for "a defendant" substitute "an accused".
23.64 In section 133A(3)(d), for "defendant" substitute "accused".
24 Conservation, Forests and Lands Act 1987
24.1 In section 88A, for "defendant" (wherever occurring) substitute "accused".
25 Constitution Act 1975
25.1 In section 73(1), after "defendant" insert
",
accused".
25.2 In section 74(1), after "defendant" insert
"or accused".
25.3 In section 74(3), after "defendant" insert
"or accused".
26 Construction Industry Long Service Leave Act 1997
26.1 In section 16, for "defendant" (wherever occurring) substitute "accused".
27 Control of Weapons Act 1990
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27.1 Insert the following heading to section 8—
" Claim of lawful excuse ".
27.2 In section 8, for "Section 130 of the Magistrates' Court Act 1989 " substitute " Section 72 of the Criminal Procedure Act 2009 ".
28.1 In section 9(3), for "defendant" substitute "accused".
28.2 In section 168(3), for "defendant" substitute "accused".
29 Co-operatives Act 1996
29.1 In section 351(2), for "defendant" substitute "accused".
29.2 Section 453(4) is repealed .
30.1 In section 104(1)—
(a) for "Part VI of the Crimes Act 1958 " substitute "Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 "; and
(b) in paragraph (b), for "passed" substitute "imposed".
30.2 In section 104(2), for "section 579 of the Crimes Act 1958 " substitute "section 310 of the Criminal Procedure Act 2009 ".
30.3 In section 104(3), for "in accordance with Part VI of the Crimes Act 1958 " substitute "under section 313 of the Criminal Procedure Act 2009 ".
31 Corporations (Ancillary Provisions) Act 2001
31.1 In section 20(3)(b), after "trial" insert "or hearing of a charge".
31.2 In section 20(3)(d), for "indictable triable summarily" substitute "indictable that may be heard and determined summarily".
32 Corporations (Victoria) Act 1990
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32.1 In section 13(5) in the definition of "instrument", in paragraph (g), for "information laid" substitute "charge-sheet filed".
32.2 In section 13(5) in the definition of "instrument", in paragraph (h) omit "presentment,".
32.3 In section 28(2)(b), after "trial" insert "or hearing of a charge".
32.4 In section 42AA(2), for "defendant" substitute "accused".
32.5 In section 42AA(4), in the definition of related criminal justice process decision , in paragraph (a), for "defendant" substitute "accused".
32.6 In section 55(1)(b), after "trial" insert ", hearing".
32.7 In section 55(4)(a), after "trial" insert ", hearing".
32.8 In section 56(4), in the definition of criminal procedure —
(a) in paragraph (b), for "trial and indictment" substitute "trial on indictment"; and
(b) in paragraph (d), after "trial"
insert
", hearing".
32.9 In section 65(5), in the definition of "instrument"—
(a) in paragraph (g), for "information laid" substitute "charge-sheet filed"; and
(b) in paragraph (h) omit "presentment,".
33.1 In section 55B(2)(a), for "appearing" substitute "attending".
33.2 In section 110(c), for "section 128A of the Magistrates' Court Act 1989 " substitute " section 59 of the Criminal Procedure Act 2009 ".
34 Country Fire Authority Act 1958
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34.1 In section 39B, for "defendant" substitute "accused".
34.2 In section 40(14), for "defendant" substitute "accused".
34.3 In section 48(3), for "defendant" substitute "accused".
35.1 In section 4A(6), for "defendant" (wherever occurring) substitute "accused".
35.2 In section 4B(b)—
(a) for "sentencing order made" substitute "sentence imposed"; and
(b) for "sentencing order" (where secondly occurring) substitute "sentence".
35.3 In section 4C, for "sentencing order made" substitute "sentence imposed".
35.4 In section 4D(1)—
(a) for " section 83 or 84 of the Magistrates' Court Act 1989 " substitute "section 254 or 257 of the Criminal Procedure Act 2009 "; and
(b) for "a sentencing order made" substitute "the sentence imposed".
35.5 In section 4D(2)—
(a) for " section 83 or 84 of the Magistrates' Court Act 1989 " substitute "section 254 or 257 of the Criminal Procedure Act 2009 "; and
(b) for "a sentencing order"
substitute
"the sentence imposed".
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35.6 In section 4D(3), for " Section 85 of the Magistrates' Court Act 1989 does not apply" substitute "Sections 256(1) and 259(1) of the Criminal Procedure Act 2009 do not apply".
35.7 In section 4E, for "defendant" (wherever occurring) substitute "accused".
35.8 In section 4G(1), for "which sentencing order
to make in respect of a defendant" substitute
"the sentence to impose on an
offender".
35.9 In section 4G(3)(e), for "defendant" substitute "offender".
35.10 In section 7(4), for "appearing" substitute "attending".
35.11 In section 32(3), for "defendant" substitute "offender".
35.12 In section 36, after "defendant" (wherever occurring) insert "or accused".
35.13 In section 53A, for " section 83 of the Magistrates' Court Act 1989 " substitute "sections 254, 257 and 260 of the Criminal Procedure Act 2009 ".
35.14 In section 78(1)(hec), for " section 83 or 84 of the Magistrates' Court Act 1989 " substitute "section 254 or 257 of the Criminal Procedure Act 2009 ".
35.15 In section 78(1)(hed), for "sentencing orders were made" substitute "sentences were imposed".
35.16 For section 80AA(e) substitute —
"(e) cause undue distress or embarrassment to the complainant in a proceeding that relates to a charge for a sexual offence within the meaning of the Criminal Procedure Act 2009 ; or".
36 Court Security Act 1980
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36.1 After section 3 insert —
" 3A Police to be present at courts
The Chief Commissioner of Police must—
(a) direct that a sufficient number of members of the police force be present to keep order on court premises at all sittings of—
(i) the Supreme Court in its criminal jurisdiction; and
(ii) the County Court in its criminal jurisdiction; and
(b) at the request of the judge presiding at a particular sitting of a court referred to in paragraph (a), direct that an additional number of members of the police force be present at that sitting.".
37 Credit (Administration) Act 1984
37.1 In section 32(3), for "defendant" substitute "accused".
38.1 In section 132(4), for "defendant" substitute "accused".
39 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
39.1 In section 5, for "tried" (wherever occurring) substitute "heard and determined".
39.2 In section 8(1)—
(a) for "a defendant's fitness"
substitute
"the fitness of an accused"; and
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(b) for "at a committal hearing"
substitute
"in a committal proceeding"; and
(c) for paragraph (a) substitute—
"(a) the committal proceeding must be completed in accordance with Chapter 4 of the Criminal Procedure Act 2009 ; and"; and
(d) for "defendant" (wherever occurring) substitute "accused".
39.3 In section 8(2)—
(a) for "a defendant" substitute "an accused"; and
(b) for "a presentment or indictment" substitute "an indictment"; and
(c) for "the defendant's fitness"
substitute
"the fitness of the accused".
39.4 In section 8(3), for "defendant" substitute "accused".
39.5 In section 9—
(a) for "a presentment or indictment" substitute "an indictment"; and
(b) for "the defendant" substitute "the accused"; and
(c) for "the defendant's fitness" (wherever occurring) substitute "the fitness of the accused"; and
(d) in subsection (3)—
(i) for "a defendant's fitness" substitute "the fitness of an accused"; and
(ii) for "proceedings" substitute "proceeding"; and
(e) in subsection (4), for "a defendant's fitness to be tried" substitute "the fitness of an accused to stand trial".
39.6 In section 10—
Sch.
(a) for "a defendant's fitness"
substitute
"the fitness of an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused"; and
(c) for "a defendant" (wherever occurring) substitute "an accused".
39.7 In section 11—
(a) for "a defendant's fitness" (wherever occurring) substitute "the fitness of an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused"; and
(c) for "the defendant's fitness"
substitute
"the fitness of the accused".
39.8 In section 12—
(a) for "the defendant" (wherever occurring) substitute "the accused"; and
(b) for "a defendant" (wherever occurring) substitute "an accused".
39.9 In section 13, for "defendant" (wherever occurring) substitute "accused".
39.10 In section 14, for "defendant" (wherever occurring) substitute "accused".
39.11 In section 15, for "defendant" substitute "accused".
39.12 In section 16—
(a) for "defendant" (wherever
occurring) substitute "accused"; and
Sch.
(b) for "defendant's legal representative (if any)" substitute "legal representative (if any) of the accused"; and
(c) for "defendant's rights" substitute "rights of the accused"; and
(d) for "section 360A of the Crimes Act 1958 (adjournment or stay of trial)" substitute "section 197 of the Criminal Procedure Act 2009 (Order for legal representation for accused)".
39.13 In section 17, for "defendant" (wherever occurring) substitute "accused".
39.14 In section 18, for "defendant" (wherever occurring) substitute "person".
39.15 In section 19, for "defendant" (wherever occurring) substitute "person".
39.16 In section 19A—
(a) for "quash" substitute "set aside"; and
(b) for "defendant" (wherever occurring) substitute "person".
39.17 After section 19A(1) insert —
"(1A) An appeal under subsection (1) is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which the order is made or any extension of that period granted under section 76C.
(1B) A notice of appeal under subsection (1A) must be signed by the Director of Public Prosecutions personally.
(1C) A copy of the notice of appeal must be served
personally on the respondent in accordance with section 391 of the
Criminal Procedure Act 2009 within 7 days after the day on which the notice
of appeal is filed.
Sch.
(1D) The Director of Public Prosecutions must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the special hearing, if that legal practitioner can reasonably be identified.".
39.18 In section 21(4)(b), for "the charge for the offence" substitute "the person".
39.19 In section 22(2)(b), for "defendant" substitute "accused".
39.20 In section 22(3)—
(a) for "A defendant" substitute "An accused"; and
(b) for "at a committal hearing"
substitute
"in a committal proceeding".
39.21 In section 23, for "defendant" (wherever occurring) substitute "person".
39.22 In section 24, for "defendant" (wherever occurring) substitute "person".
39.23 In section 24A—
(a) for "quash" substitute "set aside"; and
(b) for "defendant" (wherever occurring) substitute "person".
39.24 After section 24A(1) insert —
"(1A) An appeal under subsection (1) is commenced
by filing a notice of appeal in accordance with the rules of court within
28 days after the day on which the order is made or any extension of that
period granted under section 76C.
Sch.
(1B) A notice of appeal under subsection (1A) must be signed by the Director of Public Prosecutions personally.
(1C) A copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed.
(1D) The Director of Public Prosecutions must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the proceeding to which the appeal relates, if that legal practitioner can reasonably be identified.".
39.25 After section 28A(2) insert —
"(2A) An appeal under this section is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which the order is made or any extension of that period granted under section 76C.
(2B) If the appeal is commenced by a person in respect of whom a supervision order is made, the Registrar of Criminal Appeals of the Supreme Court must provide to the respondent a copy of the notice of appeal within 7 days after the day on which the notice of appeal is filed.
(2C) If the appeal is commenced by the Secretary to the Department of Human Services, the Director of Public Prosecutions or the Attorney-General—
(a) the notice of appeal must be
signed by that person personally; and
Sch.
(b) a copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed; and
(c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the proceeding when the supervision order was made, if that legal practitioner can reasonably be identified.".
39.26 In section 28A(3)—
(a) for "quash" (wherever occurring) substitute "set aside"; and
(b) for "defendant" substitute "person who was subject to the supervision order".
39.27 In section 28A(5)—
(a) after "supervision order" (where first occurring) insert "in respect of a person"; and
(b) for "defendant" (wherever occurring) substitute "person".
39.28 After section 34(3) insert —
"(3A) An appeal under this section is commenced by
filing a notice of appeal in accordance with the rules of court within 28 days
after the day on which the order confirming or varying the supervision order
is made or any extension of that period granted under section 76C.
Sch.
(3B) If the appeal is commenced by a person who is subject to a supervision order, the Registrar of Criminal Appeals of the Supreme Court must provide to the respondent a copy of the notice of appeal within 7 days after the day on which the notice of appeal is filed.
(3C) If the appeal is commenced by the Secretary to the Department of Human Services, the Director of Public Prosecutions or the Attorney-General—
(a) the notice of appeal must be signed by that person personally; and
(b) a copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed; and
(c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the proceeding when the supervision order was made, if that legal practitioner can reasonably be identified.".
39.29 In section 34(4) and (5), for "quash" (wherever occurring) substitute "set aside".
39.30 In section 34(7)—
(a) for "quashes a supervision order" substitute "sets aside a supervision order in respect of a person"; and
(b) for "defendant" substitute "person".
39.31 After section 34A(2) insert —
Sch.
"(2A) An appeal under this section is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which the order is revoked or any extension of that period granted under section 76C.
(2B) A notice of appeal under subsection (2A) must be signed personally by the Secretary to the Department of Human Services, the Director of Public Prosecutions or the Attorney-General, as the case requires.
(2C) A copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed.
(2D) The person commencing the appeal must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the proceeding when the supervision order was revoked, if that legal practitioner can reasonably be identified.".
39.32 In section 34A(3)(b), for "quash" substitute "set aside".
39.33 In section 34A(3)(c), for "quash the order for" substitute "set aside the order".
39.34 Insert the following heading to section 36—
" Person subject to supervision order has right to appear ".
39.35 In section 36(4)—
(a) for "appearance" substitute
"attendance"; and
Sch.
(b) for "appear at the hearing in person" substitute "attend the hearing".
39.36 In section 36(6), for "Section 360A of the Crimes Act 1958 (adjournment or stay of trial)" substitute "Section 197 of the Criminal Procedure Act 2009 (Order for legal representation for accused)".
39.37 Insert the following heading to section 41—
" Reports on mental condition of persons declared liable to supervision ".
39.38 After section 57B(3) insert —
"(3A) An appeal under this section is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which extended leave is granted or refused (as the case requires) or any extension of that period granted under section 76C.
(3B) If the appeal is commenced under subsection (1), the Registrar of Criminal Appeals of the Supreme Court must provide to the respondent a copy of the notice of appeal within 7 days after the day on which the notice of appeal is filed.
(3C) If the appeal is commenced by the Secretary to the Department of Human Services, the Director of Public Prosecutions or the Attorney-General—
(a) the notice of appeal must be signed by that person personally; and
(b) a copy of the
notice of appeal must be served personally on the respondent in accordance
with section 391 of the Criminal Procedure Act 2009 within 7 days after the
day on which the notice of appeal is filed; and
Sch.
(c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the application for extended leave, if that legal practitioner can reasonably be identified.".
39.39 In section 57B(5), for "quash" (wherever occurring) substitute "set aside".
39.40 After section 58A(3) insert —
"(3A) An appeal under this section is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which extended leave is revoked or revocation of the extended leave is refused (as the case requires) or any extension of that period granted under section 76C.
(3B) If the appeal is commenced under subsection (1), the Registrar of Criminal Appeals of the Supreme Court must provide to the respondent a copy of the notice of appeal within 7 days after the day on which the notice of appeal is filed.
(3C) If the appeal is commenced by the Secretary to the Department of Human Services, the Director of Public Prosecutions or the Attorney-General—
(a) the notice of appeal must be signed by that person personally; and
(b) a copy of the
notice of appeal must be served personally on the respondent in accordance
with section 391 of the Criminal Procedure Act 2009 within 7 days after the
day on which the notice of appeal is filed; and
Sch.
(c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the application for revocation of extended leave, if that legal practitioner can reasonably be identified.".
39.41 In section 58A(4)(b), for "quash" substitute
"set aside".
39.42 In section 65(4), for "appear" substitute "attend".
39.43 In section 72(3), for "appearing" substitute "attending".
39.44 After section 73H(1) insert —
"(1A) An appeal under subsection (1) is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which the order is made or any extension of that period granted under section 76C.
(1B) A notice of appeal under subsection (1A) must be signed by the Attorney-General personally.
(1C) A copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed.
(1D) The Attorney-General must provide a copy of
the notice of appeal to the legal practitioner who last represented the
respondent in the review under section 73F, if that legal practitioner can
reasonably be identified.".
Sch.
39.45 In section 73H(2), for "quash" (wherever occurring) substitute "set aside".
39.46 After section 73N(1) insert —
"(1A) An appeal under subsection (1) is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which the order is made or any extension of that period granted under section 76C.
(1B) A notice of appeal under subsection (1A) must be signed by the Attorney-General personally.
(1C) A copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed.
(1D) The Attorney-General must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the review under section 73L, if that legal practitioner can reasonably be identified.".
39.47 In section 73N(2), for "quash" (wherever occurring) substitute "set aside".
39.48 Section 73N(7) and (8) are repealed .
39.49 In section 75(1)(c), for "a defendant or another person" substitute "an accused or any person".
39.50 For section 76B substitute —
" 76B Rules of court
(1) Rules of court made by the authority having
for the time being power to make rules regulating the practice and procedure
of a court may include rules for or with respect to any matter for which
provision is to be made under this Act by rules of court.
Sch.
(2) Rules of court made under this Act may regulate generally the practice and procedure under this Act.".
39.51 After section 76B insert —
" 76C Extension of time for filing notice of appeal
(1) The Court of Appeal or the Registrar of Criminal Appeals of the Supreme Court at any time may extend the time within which a notice of appeal may be filed under this Act.
(2) If the Registrar of Criminal Appeals of the Supreme Court refuses an application to extend time under subsection (1), the applicant is entitled to have the Court of Appeal determine the application.
76D Powers which may be exercised by a single Judge of Appeal
(1) The power of the Court of Appeal under section 76C to extend the time within which notice of appeal may be given may be exercised by a single Judge of Appeal in the same manner as it may be exercised by the Court of Appeal.
(2) If a Judge of Appeal refuses an application to exercise a power referred to in subsection (1), the applicant is entitled to have the application determined by the Court of Appeal.".
39.52 In Schedule 3, after clause 10 insert
—
Sch.
" 11 Transitional provisions—Criminal Procedure Act 2009
(1) Section 14A as inserted by section 423 of the Criminal Procedure Act 2009 applies to a finding on an investigation under Part 2 that an accused is unfit to stand trial made on or after the commencement of section 423 of that Act.
(2) Section 24AA as inserted by section 424 of the Criminal Procedure Act 2009 applies to a verdict of not guilty because of mental impairment recorded on or after the commencement of section 424 of that Act.
12 Transitional provisions—Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009
(1) Section 19A as amended by item 39.17 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.
(2) Section 24A as amended by item 39.24 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.
(3) Section 28A as amended by item 39.25 of the
Schedule to the Criminal Procedure Amendment (Consequential and Transitional
Provisions) Act 2009 applies to an appeal under that section where the order
to which the appeal relates is made on or after the commencement of that item.
Sch.
(4) Section 34 as amended by item 39.28 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.
(5) Section 34A as amended by item 39.31 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal against the revocation of a non-custodial supervision order where the order revoking the supervision order is made on or after the commencement of that item.
(6) Section 57B as amended by item 39.38 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the application for extended leave is refused or granted, as the case may be, on or after the commencement of that item.
(7) Section 58A as amended by item 39.40 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the extended leave is revoked or the application for revocation of extended leave is refused, as the case may be, on or after the commencement of that item.
(8) Section 73H as amended by item 39.44 of the
Schedule to the Criminal Procedure Amendment (Consequential and Transitional
Provisions) Act 2009 applies to an appeal under that section where the order
to which the appeal relates is made on or after the commencement of that item.
Sch.
(9) Section 73N as amended by item 39.46 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.".
40.1 In section 6(2) omit "or presentment".
40.2 In section 33(2), for "defendant" (wherever occurring) substitute "accused".
40.3 In section 45(5), for "presentment" substitute "indictment".
40.4 In section 45(9), for " section 53(1) of the Magistrates' Court Act 1989 applies (indictable offences triable summarily)" substitute " section 28 of the Criminal Procedure Act 2009 applies".
40.5 In section 70(2), for "defendant" (wherever occurring) substitute "accused".
40.6 In the heading to section 88A, for " counts " substitute " charges ".
40.7 In section 88A(a)—
(a) for "presentment" substitute "indictment"; and
(b) for "counts" substitute "charges".
40.8 In section 93(1) omit "or presentment".
40.9 In section 95(2), for "an information laid" substitute "the filing of a charge-sheet".
40.10 In section 316(3)—
(a) for "by information" (where first occurring) substitute "by evidence"; and
(b) for "either by such information
or by information to" substitute "either by such evidence or by evidence on
oath before".
Sch.
40.11 In section 317(7)—
(a) for "presentment" (wherever occurring) substitute "indictment"; and
(b) for "counts" substitute "charges"; and
(c) for "count" substitute "charge".
40.12 In section 317(8) omit "presentment".
40.13 In section 318(3)—
(a) for "A presentment" substitute
"An indictment"; and
(b) for "hearing of the presentment" substitute "trial on the indictment".
40.14 In section 318(5) and (6), for "presentment" substitute "indictment".
40.15 In section 321(4), for "A presentment at the Supreme Court or the County Court of a person for an offence against this section shall not be made" substitute "An indictment charging an offence against this section must not be filed".
40.16 In section 321C(1)(d), for "is triable" substitute "may be heard and determined".
40.17 In section 321F(4), for "A presentment at the Supreme Court or the County Court of a person for an offence of conspiracy to cheat and defraud or conspiracy to defraud shall not be made" substitute "An indictment charging an offence of conspiracy to cheat and defraud or conspiracy to defraud must not be filed".
40.18 In section 321I(1)(d), for "is triable" substitute "may be heard and determined".
40.19 In section 322C(5)—
(a) omit "or presentment"; and
Sch.
(b) for "tried summarily" substitute "heard and determined summarily".
40.20 In section 323, for "tried, indicted or presented" substitute "tried or indicted".
40.21 In section 325(3) omit "or presented".
40.22 In section 399(8), for "the provisions of Schedule 5 to the Magistrates' Court Act 1989 " substitute "Chapter 4 of the Criminal Procedure Act 2009 ".
40.23 In section 413—
(a) for "clause 6(1) of Schedule 5 to the Magistrates' Court Act 1989 " substitute "section 110 of the Criminal Procedure Act 2009 "; and
(b) for "preliminary or other investigation" substitute "committal proceeding".
40.24 In section 421(1) omit "or presentment".
40.25 Section 422 is repealed .
40.26 Section 422A(2) is repealed .
40.27 Section 423 is repealed .
40.28 Section 424 is repealed .
40.29 Section 425(4) is repealed .
40.30 In section 458(1)(a)(i), for "appearance" substitute "attendance".
40.31 In section 458(3)—
(a) for "indictable offence
punishable summarily" substitute "indictable offence that may be heard and
determined summarily"; and
Sch.
(b) after "summons has been issued against him" insert "or a notice to appear has been served on him".
40.32 After section 458(3) insert —
"(4) In subsection (3), notice to appear has the same meaning as in the Criminal Procedure Act 2009 .".
40.33 In section 459, for "heard or determined" (wherever occurring) substitute "heard and determined".
40.34 In section 461(2), after "summons" insert
"or notice to appear".
40.35 After section 461(2) insert —
"(3) In subsection (2) "notice to appear" has the same meaning as in the Criminal Procedure Act 2009 .".
40.36 In section 464ZF(6B) and (7), for "quashed" substitute "set aside".
40.37 In section 464ZFAAA(1), in the definition of forensic sample offence , for "tried summarily" substitute "heard and determined summarily".
40.38 In section 464ZFB(1B), for "tried summarily" substitute "heard and determined summarily".
40.39 In section 46ZFB(2A), for "quashed" substitute "set aside".
40.40 In section 464ZGJ(4), for "quashed" substitute "set aside".
40.41 In section 469AA(3), for "quashed" substitute "set aside".
40.42 Schedule 5 is repealed .
41 Crown Land (Reserves) Act 1978
Sch.
41.1 In section 13(8), for "charge" substitute "charge-sheet containing a charge".
41.2 In section 13(9), for "charge" (wherever occurring) substitute "charge-sheet".
42.1 In section 5(3)(c), for "a presentment" substitute "an indictment".
42.2 In section 6(6)(c), for "a presentment" substitute "an indictment".
43.1 In section 59(1)(e)(ii), for "defendant" substitute "accused".
44.1 In the note at the foot of section 17B(4), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.2 In the note at the foot of section 17C(5), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.3 In the note at the foot of section 17D(6), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.4 In the note at the foot of section 18A(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.5 In the note at the foot of section 21AA(4),
for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 "
substitute " section 28 of the Criminal Procedure Act 2009 ".
Sch.
44.6 In the note at the foot of section 21AA(7), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.7 In the note at the foot of section 31(5), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.8 In the note at the foot of section 31A(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.9 In the note at the foot of section 31B(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.10 In the note at the foot of section 31C(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
44.11 In section 37(5), for "defendant" substitute "accused".
44.12 In section 42A(2) and (3), for "defendant" (wherever occurring) substitute "accused".
44.13 In section 42A(5)(b), for "defendant"
substitute "accused".
Sch.
44.14 Insert the following heading to section 43—
" Right of accused to have third person before court ".
44.15 In section 43(1), for "A defendant" substitute "An accused".
44.16 In section 43(2)—
(a) for "A defendant" substitute "An accused"; and
(b) for "defendant's intention" substitute "intention of the accused"; and
(c) for "defendant's claim" substitute "claim of the accused"; and
(d) for "the defendant" substitute "the accused"; and
(e) for "charge" substitute "charge-sheet".
44.17 In section 43(3)—
(a) for "laid" substitute "contained on a charge-sheet filed"; and
(b) for "charge is filed" substitute "charge-sheet is filed".
44.18 In section 43(4), for "defendant" (wherever occurring) substitute "accused".
44.19 In section 47D(1)(b), for "defendant" substitute "accused".
45.1 Insert the following heading to section 92—
" Power to file charge-sheets under this Act ".
45.2 In section 92, for "charge for" substitute "charge-sheet charging".
45.3 In section 95, after "charge" (wherever occurring) insert "contained on a charge-sheet".
46 Domestic Building Contracts Act
1995
Sch.
46.1 In section 128(4)(b)(ii), after "tried" insert "or heard".
47 Drugs, Poisons and Controlled Substances Act 1981
47.1 Insert the following heading to section 45—
" Time within which charge-sheet to be filed ".
47.2 In section 45, for "charge for" substitute "charge-sheet charging".
47.3 In section 119(a), for "defendant" substitute "accused".
47.4 In section 120(2) and (3), for "defendant" (wherever occurring) substitute "accused".
47.5 In section 120(5)(b), for "defendant" substitute "accused".
48 Education and Training Reform Act 2006
48.1 In section 2.1.14, for "defendant" substitute "accused".
48.2 In the heading to section 2.4.63, for " Quashing " substitute " Setting aside ".
48.3 In section 2.4.63, after "quashed" insert "or set aside".
48.4 In section 2.6.27(10)(b)(i), for "a nolle prosequi is entered in relation to the charge" substitute "the prosecution for the offence charged is discontinued".
48.5 In section 2.6.27(10)(b)(iv), for "committal hearing" substitute "committal proceeding".
48.6 In section 2.6.29(5), after "quashed" (wherever occurring) insert "or set aside".
49 Electricity Industry Act 2000
Sch.
49.1 In the note at the foot of section 93A(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
49.2 In section 97(6), for "defendant" (wherever occurring) substitute "accused".
50 Environment Protection Act 1970
50.1 In section 19G(1), for "defendant" substitute "accused".
50.2 In section 19G(4), for "charge" substitute "charge-sheet".
50.3 In section 27(1), (1A), (1B) and (2), for "defendant" substitute "accused".
50.4 In the penalty at the foot of section 27A(1), for "defendant" substitute "accused".
50.5 In the penalty at the foot of section 27A(2), for "defendant" substitute "accused".
50.6 In section 42A(7), for "defendant" substitute "accused".
50.7 In section 42A(8)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
50.8 In section 42A(9) and (11), for "defendant" substitute "accused".
50.9 In section 42B(7), (10) and (14), for
"defendant" (wherever occurring) substitute "accused".
Sch.
50.10 In section 43, for "defendant" substitute "accused".
50.11 In section 45D(2), for "filing the charge" substitute "filing the charge-sheet containing the charge".
50.12 In section 45G(3), for "charge" (wherever occurring) substitute "charge-sheet".
50.13 In section 45G(4), for "charge" substitute "charge-sheet".
50.14 In the heading to section 45J, for " charges " substitute " infringement notice or charge-sheet ".
50.15 In section 45J(1), for "charge" (wherever occurring) substitute "charge-sheet".
50.16 In section 48(3), for "defendant" substitute "accused".
50.17 In section 48D(4), for "defendant" substitute "accused".
50.18 In section 53A(3), for "defendant" substitute "accused".
50.19 In the penalty at the foot of section 53Q, for "defendant" substitute "accused".
50.20 In section 55A(4), for "defendant" substitute "accused".
50.21 In section 55AC(3), for "defendant" substitute "accused".
50.22 In section 55B(4), for "defendant" substitute "accused".
50.23 In section 57D(3), for "defendant" (wherever
occurring) substitute "accused".
Sch.
50.24 In section 58(3), for "defendant" (wherever occurring) substitute "accused".
50.25 In section 59AD(1), for "Subdivision 3 of Division 2 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 ".
50.26 In section 59AD(2)—
(a) for "Subdivision 3 of Division 2 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 "; and
(b) paragraph (a) is repealed .
51.1 In section 196, for "defendant" (wherever occurring) substitute "accused".
52 Equipment (Public Safety) Act 1994
52.1 In the note at the foot of section 19(4), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
52.2 In the note at the foot of section 19A(5), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
52.3 In the note at the foot of section 19B(6), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
52.4 In the note at the foot of section 20A(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
52.5 In section 28(2), for "charge" substitute "charge-sheet".
53 Estate Agents Act 1980
Sch.
53.1 In section 70O(3), for "defendant" substitute "accused".
54.1 In section 5, for "defendant" substitute "accused".
54.2 In section 9D, for "defendant" substitute "accused".
54.3 In section 9J, for "defendant" substitute "accused".
54.4 In section 32AB, for "Divisions 3 and 3AA" substitute "Division 3".
54.5 In section 32G(1)(a) omit "37A,".
54.6 In section 32G(1)(b), for " 1991 ." substitute " 1991 ; or".
54.7 After section 32G(1)(b) insert —
"(c) Part 8.2 of the Criminal Procedure Act 2009 .".
54.8 Section 37A is repealed .
54.9 Section 37B is repealed .
54.10 Section 37C is repealed .
54.11 Section 37CAA is repealed .
54.12 Section 37CA is repealed .
54.13 Section 37D is repealed .
54.14 Section 37E is repealed .
54.15 Division 3AA of Part II is repealed .
54.16 Division 3A of Part II is repealed .
54.17 For section 42BA(2)(a)(v) substitute —
Sch.
"(v) the prosecution of the offence is discontinued;".
54.18 In section 42BR(2), for "defendant" substitute "accused".
54.19 In section 42C—
(a) for the definition of accused person substitute —
"" accused" has the same meaning as in the Criminal Procedure Act 2009 ;";
(b) in the definition of "child", in paragraph (b), for "sentencing order" substitute "sentence";
(c) in the definition of "remote point", in paragraph (b), for "accused person" substitute "accused";
(d) insert the following definition—
""appear" includes attend;".
54.20 In section 42D, for "accused person" substitute "accused".
54.21 In section 42F(6), for "accused person" substitute "accused".
54.22 In section 42I, for "section 37B, 37C or 37D" (wherever occurring) substitute "Part 8.2 of Chapter 8 of the Criminal Procedure Act 2009 ".
54.23 In the heading to Division 3 of Part IIA, for " accused persons " substitute " the accused ".
54.24 In section 42J, for "accused person" substitute "accused".
54.25 Insert the following heading to section 42K—
" Appearance of adult accused before court ".
54.26 In section 42K(1), for
"accused person" substitute "accused".
Sch.
54.27 In section 42K(2), for "accused person" (wherever occurring) substitute "accused".
54.28 In section 42K(3), for "accused person" substitute "accused".
54.29 In section 42K(4), for "accused person" substitute "accused".
54.30 In section 42L(1), for "accused person" (wherever occurring) substitute "accused".
54.31 In section 42L(2), for "accused person" (wherever occurring) substitute "accused".
54.32 In section 42L(5), for "accused person" substitute "accused".
54.33 In section 42M(1), for "accused person" substitute "accused".
54.34 In section 42M(3), for "accused person" (wherever occurring) substitute "accused".
54.35 In section 42M(5) and (8), for "accused person" substitute "accused".
54.36 In section 42N(1), for "accused person" (wherever occurring) substitute "accused";
54.37 In section 42N(3), for "accused person" substitute "accused".
54.38 Insert the following heading to section 42O—
" Appearance before court of accused who is a child ".
54.39 In section 42O, for "accused person" substitute "accused".
54.40 For section 42Q(2)(c) substitute—
"(c) in relation to the Magistrates' Court, means the Chief Magistrate;
(d) in relation to the Children's
Court, means the President.".
Sch.
54.41 In section 42R(1), for "accused person" substitute "accused".
54.42 In section 42R(2)—
(a) for "accused person" substitute "accused"; and
(b) omit "or stating an intention to reserve their plea".
54.43 In section 42R(3), for "accused person" substitute "accused".
54.44 In section 42S, for "accused person" substitute "accused".
54.45 In section 42T, for "accused person" (wherever occurring) substitute "accused".
54.46 In section 42V, for "accused person" (wherever occurring) substitute "accused".
54.47 In section 42X, for "accused person" substitute "accused".
54.48 In section 151, after "trial" insert "hearing".
54.49 Section 152(1)(a) and (b) are repealed .
54.50 Section 152(2)(aa) is repealed .
54.51 At the end of Part VIII insert —
" 163 Transitional provision—Criminal Procedure Act 2009
(1) Sections 55B(5) and 144 as amended by section 435(7) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(7) of that Act.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(7) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.".
55 Evidence Act 2008
Sch.
55.1 In the heading to section 17, for " defendants " substitute " accused ".
55.2 In section 17(2), for "A defendant"
substitute
"An accused".
55.3 In section 17(3)—
(a) for "associated defendant" (wherever occurring) substitute "associated accused"; and
(b) for "a defendant" substitute "an accused"; and
(c) for "the defendant" substitute "the accused".
55.4 In section 17(4), for "defendant" (wherever occurring) substitute "accused".
55.5 In section 18(2)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
55.6 In section 18(6), for "defendant" substitute "accused".
55.7 In section 18(7), for "defendant" (wherever
occurring) substitute "accused".
Sch.
55.8 In section 20(2) and (4), for "defendant" (wherever occurring) substitute "accused".
55.9 In section 20(3)—
(a) for "defendant's spouse or de facto partner" substitute "spouse or de facto partner of the accused"; and
(b) for "defendant" substitute "accused".
55.10 In example 1 at the foot of section 59, for "defendant" substitute "accused".
55.11 In section 65(3), for "defendant" substitute "accused".
55.12 In section 65(4)—
(a) for "one defendant" substitute "one accused"; and
(b) for "a defendant" substitute "an accused".
55.13 In section 65(5)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
55.14 In section 65(8), for "a defendant" (wherever occurring) substitute "an accused".
55.15 In section 65(9), for "a defendant"
substitute
"an accused".
55.16 In section 73(2)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused"; and
(c) for "the defendant's intention" substitute "the intention of the accused".
55.17 In the heading to section 85, for " defendants " substitute " accused ".
55.18 In section 85(1)—
Sch.
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
55.19 In section 86—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
55.20 In section 90, for "a defendant" substitute
"an accused".
55.21 In section 101—
(a) for "a defendant" (wherever occurring) substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
55.22 In section 104(2)—
(a) for "A defendant" substitute "An accused"; and
(b) for "the defendant's credibility" substitute "the credibility of the accused".
55.23 In section 104(3) and (4), for "the defendant" substitute "the accused".
55.24 In section 104(5), for "the defendant" (wherever occurring) substitute "the accused".
55.25 In section 104(6), for "defendant" (wherever occurring) substitute "accused".
55.26 In the heading to section 105, for " defendants " substitute " accused ".
55.27 In section 108B—
Sch.
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused"; and
(c) for "Another defendant" substitute "Another accused".
55.28 In the heading to section 110, for " accused persons " substitute " an accused ".
55.29 In section 110—
(a) for "a defendant" (wherever occurring) substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
55.30 In section 111—
(a) for "a defendant's character"
substitute
"the character of an accused"; and
(b) for "defendant" (wherever occurring) substitute "accused".
55.31 In section 112, for "A defendant" substitute
"An accused".
55.32 In section 114, for "defendant" (wherever occurring) substitute "accused".
55.33 In section 115—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "defendant's appearance" (wherever occurring) substitute "appearance of the accused".
55.34 In the heading to section 123, for " defendants " substitute " accused ".
55.35 In section 123—
Sch.
(a) for "a defendant" substitute "an accused"; and
(b) for "associated defendant" (wherever occurring) substitute "associated accused".
55.36 In section 128(9)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
55.37 In section 128(10)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
55.38 In section 130(5), for "a defendant" (wherever occurring) substitute "an accused".
55.39 In section 137, for "defendant" substitute "accused".
55.40 In section 141(2), for "a defendant"
substitute
"an accused".
55.41 In section 165(1)(f)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
55.42 In section 165B, for "defendant" (wherever occurring) substitute "accused".
55.43 In section 184—
(a) for "a defendant" substitute "an accused"; and
(b) for "A defendant's admission or consent" substitute "An admission made by or a consent given by an accused"; and
(c) for "the defendant" (wherever
occurring) substitute "the accused"; and
Sch.
(d) for "the defendant's Australian
legal practitioner or legal counsel" substitute
"the Australian legal
practitioner or legal counsel of the accused".
55.44 In section 189(3)—
(a) for "a defendant's admission"
substitute
"an admission made by an accused"; and
(b) for "the defendant" substitute "the accused".
55.45 In section 189(5)(a), for "defendant" substitute "accused".
55.46 In section 190(2)—
(a) for "a defendant's consent"
substitute
"a consent given by an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused"; and
(c) for "the defendant's Australian
legal practitioner or legal counsel" substitute
"the Australian legal
practitioner or legal counsel of the accused".
55.47 In Part 1 of the Dictionary, in the definition of associated defendant —
(a) for " associated defendant " substitute " associated accused "; and
(b) for "a defendant" substitute "an accused"; and
(c) for "the defendant" (wherever occurring) substitute "the accused".
55.48 In Part 1 of the Dictionary, in the
definition of "identification evidence" —
Sch.
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
55.49 In Part 2 of the Dictionary, in clause 7(3),
for
"a defendant" substitute "an accused".
56 Fair Trading Act 1999
56.1 In section 14(2) and (3), for "defendant" (wherever occurring) substitute "accused".
56.2 In the note at the foot of section 22(2A)—
(a) for "Section 130 of the Magistrates' Court Act 1989 " substitute " Section 72 of the Criminal Procedure Act 2009 "; and
(b) for "defendant" (wherever occurring) substitute "accused".
56.3 In section 24(2), for "defendant" (wherever occurring) substitute "accused".
56.4 In section 126(3), for "defendant" substitute "accused".
56.5 In section 142, for " section 26 of the Magistrates' Court Act 1989 " substitute "section 7 of the Criminal Procedure Act 2009 ".
56.6 In section 155(1)—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "defendant's control" substitute "control of the accused".
56.7 In section 155(2)—
(a) for "the defendant" (wherever occurring) substitute "the accused"; and
(b) for "a defendant" substitute "an accused".
56.8 In section 155(3)—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "defendant's possession"
substitute "possession of the accused".
Sch.
56.9 In section 155(4), for "defendant" (wherever occurring) substitute "accused".
56.10 In section 158(1)(a), for " defendant " substitute " accused ".
56.11 In section 158(2), for "defendant" (wherever occurring) substitute "accused".
56.12 In section 158(3), for "a defendant" substitute "an accused".
57 Family Violence Protection Act 2008
57.1 In section 31(1)(b), for "appear" substitute "attend".
57.2 In section 32(d), for "appear" substitute "attend".
57.3 In section 122(4), for "appear" substitute "attend".
57.4 In section 150(2)(a), for "defendant" substitute "accused".
57.5 In section 222(1)(a), for "defendant" substitute "accused".
58.1 In section 56(8)(a), for "charge for an offence" substitute "charge-sheet charging an offence".
58.2 In section 106(5), for "defendant or its owner" substitute "person found guilty of the offence or the owner of the thing".
58.3 Section 122(4) and the note at the foot of that subsection are repealed .
58.4 In section 123(11), for "defendant"
substitute "accused".
Sch.
58.5 In section 123A(2), for "defendant" substitute "accused".
58.6 In section 123A(3), for "defendant" (wherever occurring) substitute "accused".
59.1 In section 17E(3)—
(a) for "the defendant" (wherever occurring) substitute "the accused"; and
(b) for "a defendant" substitute "an accused".
59.2 In section 17F, for "defendant" substitute "accused".
59.3 Insert the following heading to section 46—
" Right of accused to have third person before court ".
59.4 In section 46(1), for "A defendant"
substitute
"An accused".
59.5 In section 46(2)—
(a) for "A defendant" substitute "An accused"; and
(b) for "charge against the other person for" substitute "charge-sheet charging the other person with".
59.6 In section 46(3)—
(a) for "any charge filed" substitute "a charge issued in relation to a charge-sheet filed"; and
(b) for "the charge is filed to appear" substitute "the charge-sheet is filed to attend".
59.7 In section 46(4), for "defendant" (wherever
occurring) substitute "accused".
Sch.
59.8 In section 48(1)(b), for "defendant" substitute "accused".
59.9 Insert the following heading to section 49—
" Liability of accused for certain costs and expenses ".
59.10 In section 50(1)(i), for "a defendant" substitute "an accused".
59.11 In section 50(2)(b), for "defendant" substitute "accused".
59.12 In section 52B, for "defendant" (wherever occurring) substitute "accused".
59.13 In section 53B—
(a) for "referred to as the defendant " substitute "referred to as the offender "; and
(b) for "defendant" (wherever occurring) substitute "offender".
60.1 In section 79(5), for "defendant" substitute "accused".
60.2 In section 95H(b), for "defendant" substitute "accused".
61 Fuel Prices Regulation Act 1981
61.1 In section 22(2), for "defendant" substitute "accused".
61.2 In section 26, for "defendant" substitute "accused".
61.3 In section 27(3), for "defendant" (wherever occurring) substitute "accused".
61.4 In section 27(4), for "defendant" substitute "accused".
62 Gambling Regulation Act 2003
Sch.
62.1 In section 2.2.2(2), for "defendant" substitute "accused".
62.2 In section 2.2.3(6), for "defendant" substitute "accused".
62.3 In the penalty at the foot of section 2.5.2(1), for "defendant's" substitute "offender's".
62.4 In the penalty at the foot of section 2.5.8(4), for "defendant's" substitute "offender's".
62.5 In section 2.5.17(2), for "defendant" substitute "accused".
62.6 In section 2.5.32(2), for "defendant" substitute "accused".
62.7 In section 2.5.35(2), for "defendant" substitute "accused".
62.8 In section 2.5.36(2), for "defendant" substitute "accused".
62.9 In section 2.5.42(2), for "action, presentment, indictment or charge" substitute "action or charge for an offence".
62.10 In section 2.5A.13(2)(b), for "defendant" substitute "accused".
62.11 In section 3.5.11(3), for "defendant" (wherever occurring) substitute "accused".
62.12 In section 3.5.21(2), for "defendant" substitute "accused".
62.13 In section 7.5.7(3), for "the document was false, misleading or incomplete to the defendant's knowledge" substitute "the accused knew that the document was false, misleading or incomplete".
62.14 In section 10.5.27(4), for "defendant"
(wherever occurring) substitute "accused".
Sch.
62.15 In section 10.5.27(5), for "defendant" (wherever occurring) substitute "accused".
62.16 In section 10.5.27(6), for "Division 5 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 3.4 of Chapter 3 of the Criminal Procedure Act 2009 ".
62.17 In section 10.5.32(1A), for "defendant" substitute "accused".
62.18 In section 10.7.12(1)(b), for "defendant" substitute "accused".
63.1 In the note at the foot of section 149A, for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
63.2 In section 208(4), for "defendant" (wherever occurring) substitute "accused".
64.1 After section 122 insert —
" 123 Transitional—Criminal Procedure Act 2009
(1) Sections 75 and 78 as amended by section 435(5) of the Criminal Procedure Act 2009 apply to an offence alleged to have been committed on or after the commencement of section 435(5) of that Act.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(5) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.".
65 Health Professions Registration
Act 2005
Sch.
65.1 In section 108(3), for "defendant" substitute "accused".
66.1 In section 132(3), for "defendant" substitute "accused".
66.2 In section 134(2), for "defendant" substitute "accused".
67.1 In section 42(3), for "charge" substitute "charge-sheet".
67.2 In Schedule 5, in clause 6, for "charge" (wherever occurring) substitute "charge-sheet".
68 Impounding of Livestock Act 1994
68.1 In the heading to section 33A, for " charges " substitute " charge-sheets ".
68.2 In section 33A, for "charge for an offence" substitute "charge-sheet charging an offence".
69 Imprisonment of Fraudulent Debtors Act 1958
69.1 In section 28A(2)—
(a) for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 "; and
(b) for " section 83" substitute "section 254".
70 Infringements Act 2006
Sch.
70.1 In the heading to section 4, after " 1989 " insert " and Criminal Procedure Act 2009 ".
70.2 In section 4(1), after " 1989 " insert "and the Criminal Procedure Act 2009 ".
70.3 After section 4(2) insert —
"(3) Expressions used in this Act and in the Criminal Procedure Act 2009 that are not defined in section 3 or elsewhere in this Act have the same meanings as in the Criminal Procedure Act 2009 .".
70.4 In section 17(3), for "charge" substitute "charge-sheet".
70.5 In section 25(1)(d), for "charge" substitute "charge-sheet".
70.6 In section 25(3), for "charge" substitute "charge-sheet".
70.7 In section 40(1)(b), for "charge in relation to" substitute "charge-sheet, filed with the Court, charging".
70.8 In section 40(1)(c)(i), for "offence" substitute "charge".
70.9 In section 40(3), for "charge" substitute "charge-sheet".
70.10 In the note at the foot of section 40(3), for " section 41 of, and clause 7 of Schedule 2 to, the Magistrates' Court Act 1989 " substitute "sections 80 and 85 of the Criminal Procedure Act 2009 ".
70.11 In section 40A, for " section 53 of the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
70.12 In section 41, for "defendant" (wherever occurring) substitute "accused".
70.13 In section 53(2), for " section 26(4) of the
Magistrates' Court Act 1989 " substitute "section 7(1) of the
Criminal Procedure Act 2009 ".
Sch.
70.14 In section 54(2)(d)(i), for "charge in respect of" substitute "charge-sheet charging".
70.15 In section 56, for " section 26(4) of the Magistrates' Court Act 1989 " substitute " section 7(1) of the Criminal Procedure Act 2009 ".
70.16 In section 71(1)(b), for "charge in relation to" substitute "charge-sheet, filed with the Court, charging".
70.17 In section 71(2), for "charge" substitute "charge-sheet".
70.18 In the note at the foot of section 71(2), for " section 41 of, and clause 7 of Schedule 2 to, the Magistrates' Court Act 1989 " substitute "sections 80 and 85 of the Criminal Procedure Act 2009 ".
70.19 In section 71A, for " section 53 of the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
70.20 In the note at the foot of section 72(2), for " section 41 of, and clause 7 of Schedule 2 to, the Magistrates' Court Act 1989 " substitute " sections 80 and 85 of the Criminal Procedure Act 2009 ".
70.21 In section 73, for "defendant" (wherever occurring) substitute "accused".
70.22 In section 156(1), for "charge" substitute "charge-sheet".
70.23 In section 156(3)—
Sch.
(a) for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 "; and
(b) for "filing of a charge" substitute "filing of a charge-sheet"; and
(c) for " section 28(1)" substitute " section 12".
70.24 In section 159(2)(a), for "appear" substitute "attend".
71 Interpretation of Legislation Act 1984
71.1 In section 57(5), for "a presentment, charge" substitute "an indictment, charge-sheet".
72 Judicial Proceedings Reports Act 1958
72.1 In section 3(1)(c), for " section 5 of the Crimes (Criminal Trials) Act 1993 " substitute "Part 5.5 or 5.6 of Chapter 5 of the Criminal Procedure Act 2009 ".
72.2 In section 3(1B), for " section 5 of the Crimes (Criminal Trials) Act 1993 " substitute "Part 5.5 or 5.6 of Chapter 5 of the Criminal Procedure Act 2009 ".
72.3 In section 3(1E)—
(a) after "trial" insert "or hearing"; and
(b) after "tried" insert "or heard".
73.1 In section 3(1), in the definition of criminal trial omit "or presentment".
73.2 In section 48(3)—
(a) for "accused persons" substitute "accused"; and
(b) for "counts in the presentment"
substitute "charges on the indictment".
Sch.
73.3 In section 76(2)—
(a) for "defendant's action" substitute "action of the accused"; and
(b) for "defendant" substitute "accused".
74.1 In section 31(2), for "charge" substitute "charge-sheet charging an offence".
75 Landlord and Tenant Act 1958
75.1 In section 104(1), for "defendant" substitute "accused".
76.1 In section 34(1A), for "trial" substitute "trial, criminal hearing".
76.2 In section 35(1A), for "trial" substitute "trial, criminal hearing".
76.3 In section 36(1A), for "trial" substitute "trial, criminal hearing".
77.1 In section 1.2.8(2), after "quashing" (wherever occurring) insert "or setting aside".
77.2 In section 2.4.16(4)(d), after "quashed" (wherever occurring) insert "or set aside".
77.3 In section 2.8.27(4), after "quashed" (wherever occurring) insert "or set aside".
77.4 In section 7.2.10(1), for "charge against a person for an offence" substitute "charge-sheet charging a person with an offence".
78 Liquor Control Reform Act 1998
Sch.
78.1 In section 90(3), for " section 53(1) of the Magistrates' Court Act 1989 " substitute " section 28(1) of the Criminal Procedure Act 2009 ".
78.2 In section 136(2), for "charge" substitute "charge-sheet".
78.3 In section 148F(5), for "Section 130 of the Magistrates' Court Act 1989 " substitute " Section 72 of the Criminal Procedure Act 2009 ".
78.4 In section 148J(5), for "Section 130 of the Magistrates' Court Act 1989 " substitute " Section 72 of the Criminal Procedure Act 2009 ".
79 Livestock Disease Control Act 1994
79.1 Insert the following heading to section 132—
" Power to file charge-sheets under this Act ".
79.2 In section 132, for "charge for an offence" substitute "charge-sheet charging an offence".
79.3 In the heading to section 132A, for " filing certain charges " substitute " charging certain offences ".
79.4 In section 132A, for " section 26(4) of the Magistrates' Court Act 1989 " substitute " section 7(1) of the Criminal Procedure Act 2009 ".
80.1 In section 29(8), after "quashed" insert "or set aside".
80.2 In section 57(2)—
(a) for "defendant" substitute "accused"; and
(b) for "he or she" substitute "the accused".
81 Long Service Leave Act 1992
Sch.
81.1 In section 80(5), for "charge" substitute "charge-sheet charging an offence".
81.2 In section 153(3)—
(a) for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 "; and
(b) for "sentencing order made" substitute "sentence imposed".
81.3 In section 159(1)(b), for "charge" substitute "charge-sheet".
82 Magistrates' Court Act 1989
82.1 In section 3(1) insert the following definitions—
"" accused" has the same meaning as in the Criminal Procedure Act 2009 ;
"sentence" has the same meaning as in the Criminal Procedure Act 2009 ;
"sexual offence" has the same meaning as in the Criminal Procedure Act 2009 ;".
82.2 In section 3(1)—
(a) in the definition of
"appropriate registrar", for "clause 1(2B) of Schedule 2" substitute
"an order
made under section 31 of the Criminal Procedure Act 2009 ";
(b) in the definition of "defendant", paragraph (a) is repealed ;
(c) the definition of election date is repealed ;
(d) in the definition of
"prescribed", after "regulations" insert "unless required to be prescribed by
rules of court";
Sch.
(e) in the definition of "proper venue"—
(i) in paragraph (a), for "defendant" substitute "accused"; and
(ii) in paragraph (c), for "defendant" substitute "accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008 )";
(f) the definition of return date is repealed .
82.3 In section 4B(1)—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "defendant's usual place of residence" substitute "usual place of residence of the accused".
82.4 In section 4D(5), for "defendant" (wherever occurring) substitute "accused".
82.5 In section 4E(b)—
(a) for "sentencing order made" substitute "sentence imposed"; and
(b) for "sentencing order" (where secondly occurring) substitute "sentence".
82.6 In section 4F(1)—
(a) for "sentencing order made" substitute "sentence imposed"; and
(b) for "defendant" (wherever occurring) substitute "accused".
82.7 In section 4G(1), for "sentencing order to
make in respect of a defendant" substitute "sentence to impose on an accused".
Sch.
82.8 In section 4G(3)(e), for "defendant" substitute "accused".
82.9 In section 4I(4)(b), for "defendant" substitute "accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008 )".
82.10 In section 4K(1)(b), for "defendant" substitute "accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008 )".
82.11 The note at the foot of section 4K(6) is repealed .
82.12 At the foot of section 4K insert —
" Notes
1 For party to a proceeding, see section 3(1).
2 If a witness is the complainant in a criminal proceeding, Divisions 4 and 6 of Part 8.2 of Chapter 8 of the Criminal Procedure Act 2009 also apply.".
82.13 In section 4L(2)(a), for "defendant" substitute "accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008 )".
82.14 In section 4O(2)(a), for "defendant" substitute "accused".
82.15 In section 4O(3)(c)—
(a) for "sentencing order made" substitute "sentence imposed"; and
(b) for "sentencing order" (where secondly occurring) substitute "sentence".
82.16 In section 4Q(1), for "sentencing order to make in respect of a defendant" substitute "sentence to impose on an accused".
82.17 In section 16(1A)(b), for "charges" substitute "charge-sheets".
82.18 In section 16(1A)(ca), for "section 50A"
substitute "Division 3 of Part 3.3 of Chapter 3 of the Criminal Procedure Act
2009 ".
Sch.
82.19 In section 16(1A)(i), for "section 56A" substitute "Part 4.3 of Chapter 4 of the Criminal Procedure Act 2009 ".
82.20 Section 16(1A)(k) is repealed .
82.21 In section 16(1A)(la), for "clause 8(1)(b) of Schedule 5" substitute "item 30 of Schedule 3 to the Criminal Procedure Act 2009 ".
82.22 For section 16(1A)(t) substitute —
"(t) the matters to be considered in determining the last known place of residence or business of a person for the purpose of service of a document on the person in a criminal proceeding;".
82.23 After section 16(1A) insert —
"(1AB) Rules made under subsection (1A) must not be inconsistent with the Criminal Procedure Act 2009 .".
82.24 For section 21(1)(c) substitute —
"(c) if a person has been granted bail in relation to a criminal proceeding, power to extend the bail of the person attending on a day on which the criminal proceeding is listed before the Court;".
82.25 In section 25(1)(c), for "defendant" (wherever occurring) substitute "accused".
82.26 Before section 29 insert the following heading—
" Division 2 — Procedure ".
82.27 For section 43(5) substitute —
Sch.
"(5) A witness summons must be served a reasonable time before the day on which the proceeding is listed before the Court.
(5A) A witness summons must be served by—
(a) giving a copy of the summons to the person to be served; or
(b) if the person does not accept the copy, putting the copy down in the person's presence and telling the person the nature of the summons; or
(c) leaving a copy of the summons for the person at the person's last known or usual place of residence or business with a person who appears to be of or over the age of 16 years.
(5B) If the person to be served is a company or registered body (within the meaning of the Corporations Act), a witness summons may be served on the company or body in accordance with section 109X or 601CX of that Act, as the case requires.".
82.28 After section 57(7) insert —
"(7A) The registrar of the County Court may issue a warrant to imprison in the circumstances set out in section 266(3A) of the Criminal Procedure Act 2009 .
(7B) The registrar of the County Court or the prothonotary of the Supreme Court may issue a warrant to detain in a youth justice centre or a youth residential centre in the circumstances set out in section 430C(5) of the Children, Youth and Families Act 2005 .".
82.29 Section 61(1)(a) is repealed .
Sch.
82.30 Section 61(4) is repealed .
82.31 Section 61(5)(a) and (c) are repealed .
82.32 In section 65(1), for "a defendant"
substitute
"an accused".
82.33 In section 65(2), for "charge" (wherever occurring) substitute "charge-sheet".
82.34 In section 65(5), for "charge for" substitute "charge-sheet charging".
82.35 In section 73(1)(a), for "defendant" substitute "accused".
82.36 In section 79(1)—
(a) for "a defendant" (wherever occurring) substitute "an accused"; and
(b) for " section 49(1)(c)" substitute "section 333(1)(c) of the Criminal Procedure Act 2009 ".
82.37 In section 79(2), for "a defendant"
substitute
"an accused".
82.38 In section 81(a)(iii), for " section 49(1)(c)" substitute "section 333(1)(c) of the Criminal Procedure Act 2009 ".
82.39 In section 82(1)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
82.40 In section 82(2)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused".
82.41 In section 126(5) omit "(not exceeding 7 days)".
82.42 For section 126(6) substitute —
Sch.
"(6) The Court may set aside or vary an order made under subsection (2)(d) on an application made by any person, whether or not a party to the proceeding pending in the Court.".
82.43 In section 126A(4), for "a defendant" substitute "an accused".
82.44 In section 127(1)(b), after "the" insert "accused or the".
82.45 Section 127(1)(ba) is repealed .
82.46 At the end of section 127(1) insert —
" Note
Section 336A of the Criminal Procedure Act 2009 provides that a victim of an offence is entitled to be present in court unless the court orders the victim to leave.".
82.47 Section 128A is repealed .
82.48 In section 129(1), for "appearing" substitute "attending".
82.49 In section 129(2), for "appears" substitute "attends".
82.50 Section 130 is repealed .
82.51 In section 131(3), for "defendant" (wherever occurring) substitute "accused".
82.52 In section 134(4)(a)—
(a) for "section 128(2)" substitute "section 331 of the Criminal Procedure Act 2009 "; and
(b) for "a defendant" substitute "an accused".
82.53 For section 139 substitute —
" 139 Manner of service where none is prescribed
(1) If by or under this Act a person is required
to serve a document and no provision is made, other than in this section, as
to how the document is to be served, the document must be served by—
Sch.
(a) giving a copy of the document to the person to be served; or
(b) if the person does not accept the copy, putting the copy down in the person's presence and telling the person the nature of the document; or
(c) leaving a copy of the document for the person at the person's last known or usual place of residence or business with a person who appears to be of or over the age of 16 years.
(2) If the person to be served is a company or registered body (within the meaning of the Corporations Act), a document may be served on the company or body in accordance with section 109X or 601CX of that Act, as the case requires.".
82.54 Section 139A(1A), (3) and (4) are repealed .
82.55 Section 140(1)(e), (f) and (g) are repealed .
82.56 In section 140(2B)(a)(iii), for "prescribed offence within the meaning of Schedule 7" substitute "infringement offence within the meaning of the Infringements Act 2006 ".
82.57 In section 140(2B)(a)(iv), for "infringement notice or penalty notice within the meaning of Schedule 7" substitute "infringement notice within the meaning of the Infringements Act 2006 ".
82.58 In section 140(2B)(a)(v), for "Schedule 7" substitute "the Infringements Act 2006 ".
82.59 At the end of Schedule 8 insert —
Sch.
"43 The amendment of this Act by section 426 of the Criminal Procedure Act 2009 applies to a committal proceeding if the relevant criminal proceeding commenced on or after the commencement of section 426 of that Act.
44(1) Section 118 as amended by section 435(1) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(1) of that Act.
(2) For the purposes of subclause (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(1) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.".
83 Major Sporting Events Act 2009
83.1 In section 59(1)(b) and (2)(b), for "defendant" substitute "accused".
83.2 In the heading to section 167, for " Charges " substitute " Charge-sheets ".
83.3 In section 167, for "charge for" substitute "charge-sheet charging".
84.1 In section 22(4), for "defendant" (wherever occurring) substitute "accused".
84.2 In section 28(5A), for "defendant" substitute "accused".
84.3 In section 28C(1), for "making of the charge" substitute "filing or signing of the charge-sheet charging the offence in accordance with section 6 of the Criminal Procedure Act 2009 ".
84.4 In section 61(4) omit "(whether pursuant to
Schedule 3 to the Magistrates' Court Act 1989 or otherwise)".
Sch.
84.5 In section 61A(6)(b) and (7)(c), for "a charge filed for" substitute "filing a charge-sheet charging".
84.6 In section 61B(3)(d), for "a charge filed for" substitute "filing a charge-sheet charging".
84.7 In section 61B(4), for "charge" substitute "charge-sheet".
84.8 In section 62(4), for "defendant" (wherever occurring) substitute "accused".
84.9 In section 62(5)—
(a) for "Division 5 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 3.4 of Chapter 3 of the Criminal Procedure Act 2009 ".
(b) for "defendant" (wherever occurring) substitute "accused".
84.10 In the heading to Division 7 of Part 8, for " Sentencing orders " substitute " Sentences ".
84.11 In section 110(1), for "subdivision 3 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 ".
84.12 Section 110(1)(b) is repealed .
84.13 In section 126(1), for "Division 4 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 ".
85 Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
85.1 In section 4(2)(a), after "trial" insert "or hearing".
86 Mental Health Act 1986
Sch.
86.1 In section 93Q(3)(a)—
(a) for "varied or quashed" substitute "varied, quashed or set aside"; and
(b) for "have been quashed" substitute "have been set aside".
87.1 Insert the following heading to section 418—
" Burden of proof lies on the accused ".
87.2 In section 418, for "defendant" substitute "accused".
87.3 After Part III insert —
" PART IV—TRANSITIONAL PROVISIONS
422 Transitional—Criminal Procedure Act 2009
(1) Section 400C as amended by section 435(8) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(8) of that Act.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(8) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.
__________________".
88 Motor Car Traders Act 1986
Sch.
88.1 In section 50A(6)(b), for " section 83 or 92 of the Magistrates' Court Act 1989 " substitute "section 254 or 272 of the Criminal Procedure Act 2009 ".
88.2 In section 82AM(3), for "defendant" substitute "accused".
89 New Tax System Price Exploitation Code (Victoria) Act 1999
89.1 In section 3, in the definition of "instrument"—
(a) in paragraph (g), for "information or" substitute "charge-sheet filed,"; and
(b) in paragraph (h) omit "presentment,".
89.2 In section 24(2)(b), after "trial" insert
"or
hearing".
90 Occupational Health and Safety Act 2004
90.1 In the note at the foot of section 21(4), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.2 In the note at the foot of section 23(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.3 In the note at the foot of section 24(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.4 In the note at the foot of section 25(4), for
" section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 "
substitute " section 28 of the Criminal Procedure Act 2009 ".
Sch.
90.5 In the note at the foot of section 26(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.6 In the note at the foot of section 27(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.7 In the note at the foot of section 28(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.8 In the note at the foot of section 29(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.9 In the note at the foot of section 30(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.10 In the note at the foot of section 31(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.11 In the note at the foot of section 32, for "
section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 "
substitute " section 28 of the Criminal Procedure Act 2009 ".
Sch.
90.12 In the note at the foot of section 40(5), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.13 In the note at the foot of section 62(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.14 In the note at the foot of section 63(7), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.15 In note 2 at the foot of section 76(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.16 In the heading to section 77, for " Defendant " substitute " Accused ".
90.17 In section 77—
(a) for "defendant's conduct" substitute "conduct of the accused"; and
(b) for "defendant" (wherever occurring) substitute "accused".
90.18 In section 78D(3)(a), for "defendant" substitute "accused".
90.19 In section 78E(2)—
(a) for "defendant's conduct"
substitute "conduct of the accused"; and
Sch.
(b) for "defendant" substitute "accused".
90.20 In section 78E(3), for "defendant" substitute "accused".
90.21 In the note at the foot of section 110(4), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.22 In the note at the foot of section 111(5), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.23 In the note at the foot of section 112(6), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.24 In the note at the foot of section 120(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
90.25 In section 130(2), for "charge" substitute "charge-sheet".
90.26 In section 137(2)(a), for "appears" substitute "attends".
90.27 In section 137(4), for "appear" substitute "attend".
90.28 In section 137(5), for "appearance" substitute "attendance".
91 Petroleum (Submerged Lands) Act 1982
91.1 In section 133(3), for "defendant" substitute
"accused".
Sch.
91.2 In Schedule 7, in clause 78, for "defendant" substitute "accused".
92 Plant Health and Plant Products Act 1995
92.1 In section 66, for "charge for an offence" substitute "charge-sheet charging an offence".
92.2 In section 66A, for " section 26 of the Magistrates' Court Act 1989 " substitute " section 7(1) of the Criminal Procedure Act 2009 ".
93 Police Regulation Act 1958
93.1 In section 52(1), for "presentment" substitute "indictment".
93.2 In section 80(2), for "quashed or otherwise nullified" substitute "set aside".
93.3 In section 96, for "charge" substitute "charge-sheet".
93.4 In section 97, for "charge" substitute "charge-sheet".
93.5 In section 128, for "information" substitute "charge".
94 Pollution of Waters by Oil and Noxious Substances Act 1986
94.1 In section 24C(1), for "Subdivision 3 of Division 2 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 ".
95 Prevention of Cruelty to Animals Act 1986
95.1 In section 13(3)(a), for "defendant" (wherever occurring) substitute "accused".
95.2 In section 24ZW(1), for "charge for an offence" substitute "charge-sheet charging an offence".
95.3 In section 35(7)(c), for "charge for any
offence" substitute "charge-sheet charging an offence".
Sch.
95.4 In section 35(8), for "charge for any offence" substitute "charge-sheet charging any offence".
95.5 In section 40—
(a) for "charge for an alleged offence" substitute "charge-sheet charging an offence"; and
(b) for "charge" (where secondly occurring) substitute "charge-sheet".
95.6 In the heading to section 41AC, for " filing certain charges " substitute " charging certain offences ".
95.7 In section 41AC, for " section 26(4) of the Magistrates' Court Act 1989 " substitute "section 7(1) of the Criminal Procedure Act 2009 ".
96 Prisoners (Interstate Transfer) Act 1983
96.1 In section 23(2)(b), after "withdrawn" insert
", the prosecution for the offence is discontinued".
96.2 In section 34(d), for "a charge has been laid" substitute "an offence has been charged".
97 Prohibition of Human Cloning for Reproduction Act 2008
97.1 In section 8(3), for "section 130(1) of the Magistrates' Court Act 1989 , a defendant" substitute "section 72(1) of the Criminal Procedure Act 2009 , an accused".
98 Prostitution Control Act 1994
98.1 After section 48A(6)(a) insert —
Sch.
"(ab) the prosecution for the offence is discontinued; or".
98.2 After section 54A(6)(a) insert —
"(ab) the prosecution for the offence is discontinued; or".
98.3 In section 61P(3), for "defendant" substitute "accused".
99 Public Health and Wellbeing Act 2008
99.1 In section 220, for " section 26 of the Magistrates' Court Act 1989 " substitute " section 7(1) of the Criminal Procedure Act 2009 ".
100.1 In section 129(1), for " section 26 of the Magistrates' Court Act 1989 " substitute " section 7 of the Criminal Procedure Act 2009 ".
101 Rail Safety Act 2006
101.1 In the note at the foot of section 20(3) , for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.2 In the note at the foot of section 21(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.3 In the note at the foot of section 22(4),
for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 "
substitute " section 28 of the Criminal Procedure Act 2009 ".
Sch.
101.4 In the note at the foot of section 22A(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.5 In the note at the foot of section 23(5), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.6 In the note at the foot of section 27(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.7 In the note at the foot of section 28(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.8 In the note at the foot of section 33(6), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.9 In the note at the foot of section 34(6),
for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 "
substitute " section 28 of the Criminal Procedure Act 2009 ".
Sch.
101.10 In the note at the foot of section 48(4), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.11 In the note at the foot of section 68(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.12 In the note at the foot of section 69(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
101.13 In section 76(8), for "defendant" substitute "accused".
101.14 In section 79(9), for "making of the charge" substitute "filing of the charge-sheet charging the offence".
101.15 In section 80(6), for "making of the charge" substitute "filing of the charge-sheet charging the offence".
101.16 In section 81(2)(b), after "proceeded with" insert ", the prosecution for the offence is discontinued".
102 Research Involving Human Embryos Act 2008
102.1 In section 6(4), for "section 130(1) of the Magistrates' Court Act 1989 , a defendant" substitute "section 72(1) of the Criminal Procedure Act 2009 , an accused".
103 Residential Tenancies Act 1997
103.1 In section 508A, for " section 26 of the Magistrates' Court Act 1989 " substitute " section 7(1) of the Criminal Procedure Act 2009 ".
104 Road Legislation Amendment Act
2009
Sch.
104.1 In section 53, in proposed new section 295 of the Road Safety Act 1986 , for " section 26(4) of the Magistrates' Court Act 1989 " substitute " section 7(1) of the Criminal Procedure Act 2009 ".
105.1 In the note at the foot of section 48G, for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
106.1 In section 29(1), for "Division 4 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 ".
106.2 In section 29(2), for "giving" substitute "filing".
106.3 In section 49(3A), (6) and (6A), for "defendant" substitute "accused".
106.4 In section 49(8) and (9), for "defendant" (wherever occurring) substitute "accused".
106.5 In section 50AAC(1)—
(a) for " section 83 of the Magistrates' Court Act 1989 " (wherever occurring) substitute "section 254 of the Criminal Procedure Act 2009 "; and
(b) for "sentencing order" substitute "sentence".
106.6 In section 51(1) and (1A), for "making of the charge" substitute "filing of the charge-sheet charging the offence".
106.7 In section 51(3D), for "charge is laid" substitute "charge-sheet is filed".
106.8 In section 55A(7), for "making of the
charge" substitute "filing of the charge-sheet charging the offence".
Sch.
106.9 In section 55B(5), for "making of the charge" substitute "filing of the charge-sheet charging the offence".
106.10 In section 64(3), for "defendant" (wherever occurring) substitute "accused".
106.11 In section 67(8)—
(a) for "a charge filed for" substitute "the filing of a charge-sheet charging"; and
(b) for "charge" (where secondly occurring) substitute "charge-sheet".
106.12 In section 77(5), for "charge" substitute "charge-sheet charging the offence".
106.13 In section 77A, for " section 26(4) of the Magistrates' Court Act 1989 " substitute " section 7(1) of the Criminal Procedure Act 2009 ".
106.14 In section 84BH, for "defendant" (wherever occurring) substitute "accused".
106.15 In section 84R(b), for "charge for a relevant offence is laid or such a charge is laid but" substitute "charge-sheet charging a relevant offence is filed or such a charge-sheet is filed but the charge is".
106.16 In section 84S(2)(a), for "defendant" substitute "accused".
106.17 In section 84T(2)(a), for "defendant" substitute "accused".
106.18 In section 84U(2), for "charge is laid in
relation to a relevant offence" substitute "charge-sheet charging a relevant
offence is filed".
Sch.
106.19 In section 84X(2)(c), for "charge is laid for" substitute "charge-sheet is filed charging".
106.20 In the heading to section 84Y, for " charges laid " substitute " offences charged ".
106.21 In section 84YA(3)(a)(iii), for "charge is laid for" substitute "charge-sheet is filed charging".
106.22 In section 84ZB(1)(a), for "defendant's conviction" substitute "conviction of the accused".
106.23 For section 84ZB(b)(i), (ii) and (iii) substitute —
"(i) a sentence under Chapter 6 of the Criminal Procedure Act 2009 ; or
(ii) a sentence under the Children, Youth and Families Act 2005 —".
106.24 In section 89(4) omit "(whether pursuant to Schedule 3 to the Magistrates' Court Act 1989 or otherwise)".
106.25 In section 89A(6)(b) and (7)(d), for "a charge filed for the alleged offence" substitute "the filing of a charge-sheet charging the alleged offence".
106.26 In section 89B(3)(f), for "a charge filed for the alleged offence" substitute "the filing of a charge-sheet charging the alleged offence".
106.27 In section 89B(4), for "charge" substitute "charge-sheet".
106.28 In section 90(4), for "defendant" (wherever occurring) substitute "accused".
106.29 In section 90(5)—
Sch.
(a) for "Division 5 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 3.4 of Chapter 3 of the Criminal Procedure Act 2009 "; and
(b) for "defendant" (wherever occurring) substitute "accused".
106.30 In section 196(4)—
(a) for "defendant's action" (wherever occurring) substitute "action of the accused"; and
(b) for "defendant" substitute "accused".
106.31 In section 295, for " section 26(4) of the Magistrates' Court Act 1989 " substitute "section 7(1) of the Criminal Procedure Act 2009 ".
107.1 In section 16(4), for "defendant" substitute "accused".
108 Second-Hand Dealers and Pawnbrokers Act 1989
108.1 In section 26P(3), for "defendant" substitute "accused".
109 Securities Industry Act 1975
109.1 In section 21(6), for "a defendant"
substitute
"an accused".
109.2 In section 77(1)—
(a) for "defendant" substitute "accused"; and
(b) for "information" (wherever occurring) substitute "charge-sheet".
109.3 In section 101(7), after "trial" insert "or hearing".
109.4 In section 129(1)—
(a) for " defendant " substitute " accused "; and
(b) for "defendant" (wherever occurring) substitute "accused".
109.5 In section 129(2), for "a defendant" substitute "an accused".
109.6 In section 129(4), for "defendant" (wherever occurring) substitute "accused".
110 Sentencing Act 1991
Sch.
110.1 In section 3(1) insert the following definition—
""depositions" has the same meaning as in the Criminal Procedure Act 2009 ;".
110.2 In section 5(2C), after "trial" insert "or hearing".
110.3 In section 5(2D), for " Crimes (Criminal Trials) Act 1999 " substitute "Part 5.5 of Chapter 5 of the Criminal Procedure Act 2009 ".
110.4 In section 5(2E), for "section 446(2) of the Crimes Act 1958 " substitute "section 302(2) of the Criminal Procedure Act 2009 ".
110.5 In section 6AF, for "Part VI of the Crimes Act 1958 " substitute "Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 ".
110.6 In section 6C(1)(d), for "counts in the one presentment" substitute "charges in the one indictment".
110.7 In section 6C(4), for "Section 395 of the Crimes Act 1958 " substitute "Division 2 of Part 5.8 of Chapter 5 of the Criminal Procedure Act 2009 ".
110.8 In section 6F(2)—
(a) for "or the Crimes Act 1958 " substitute "or the Criminal Procedure Act 2009 "; and
(b) for "certified statement of conviction issued under section 395 of the Crimes Act 1958 " substitute "criminal record filed under Division 2 of Part 5.8 of Chapter 5 of the Criminal Procedure Act 2009 ".
110.9 In section 6J(2)—
Sch.
(a) for "or the Crimes Act 1958 "
substitute
"or the Criminal Procedure Act 2009 "; and
(b) for "certified statement of conviction issued under section 395 of the Crimes Act 1958 " substitute "criminal record filed under Division 2 of Part 5.8 of Chapter 5 of the Criminal Procedure Act 2009 ".
110.10 Insert the following heading to section 7—
" Sentences ".
110.11 In section 13(4), for "Part VI of the Crimes Act 1958 " substitute "Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 ".
110.12 In section 18O(3)(b), for "quash"
substitute
"set aside".
110.13 In section 18O(4), for "quashing" substitute "setting aside".
110.14 In section 18P(3), for "section 361 of the Crimes Act 1958 " substitute "section 332 of the Criminal Procedure Act 2009 ".
110.15 In section 18W(1), for "charge" substitute "charge-sheet".
110.16 In section 18W(3), for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 ".
110.17 In section 18W(3)(a)—
(a) for "filing of a charge" substitute "filing of a charge-sheet"; and
(b) for " section 28(1)" substitute "section 12(1)".
110.18 In section 18W(3)(b) and (3)(c), for
"defendant" substitute "accused".
Sch.
110.19 In section 18Z(2)(c) and (4)(a)(ii), for "sentencing order" substitute "sentence".
110.20 In section 18ZQ(1)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
110.21 In section 18ZQ(2), for "defendant" (wherever occurring) substitute "accused".
110.22 In section 18ZQ(3)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" substitute "the accused".
110.23 For section 18ZQ(4) substitute —
"(4) A drug treatment order assessment report may set out all or any of the following matters which, on investigation, appear to the specified Drug Court officer to be relevant to the assessment of the accused and are readily ascertainable by the officer—
(a) the age of the accused;
(b) the social history and background of the accused;
(c) the medical and psychiatric history of the accused, including details of any treatment the accused has undergone for drug or alcohol dependency;
(d) the educational background of the accused;
(e) the employment history of
the accused;
Sch.
(f) the circumstances of any other offences of which the accused has been found guilty;
(g) the extent to which the accused—
(i) has complied with any sentence that is no longer in force in respect of the accused; and
(ii) is complying with any sentence currently in force in respect of the accused;
(h) the financial circumstances of the accused;
(i) the housing history and needs of the accused;
(j) any special needs of the accused;
(k) any course, program, treatment, therapy or other assistance that could be available to the offender and from which he or she may benefit.".
110.24 In section 18ZQ(5), for "defendant" substitute "accused".
110.25 In section 18ZQ(7)(b), for "defendant's legal practitioner" substitute "legal practitioner of the accused".
110.26 In section 18ZQ(7)(c), for "defendant" substitute "accused".
110.27 In section 18ZQ(10), for "defendant" substitute "accused".
110.28 In section 18ZR(1)—
(a) for " section 83 or 84 of the
Magistrates' Court Act 1989 " substitute "section 254 or 257 of the
Criminal Procedure Act 2009 "; and
Sch.
(b) for "sentencing order made" substitute "sentence imposed"; and
(c) for " section 86(1)" substitute "section 256(2) or 259(2) (as the case requires)".
110.29 In section 18ZR(2)—
(a) for "Subdivision 1 of Division 4 of Part 4 of the Magistrates' Court Act 1989 , and Schedule 6 to that Act, apply" substitute "Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 applies"; and
(b) for "sentencing order made" substitute "sentence imposed".
110.30 In section 18ZR(3)—
(a) for "Subdivision 1 of Division 4 of Part 4 of the Magistrates' Court Act 1989 , and Schedule 6 to that Act," substitute "Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 "; and
(b) for "sentencing order made" substitute "sentence imposed".
110.31 In section 18ZR(4)—
(a) for " section 83 or 84 of the Magistrates' Court Act 1989 " substitute "section 254 or 257 of the Criminal Procedure Act 2009 "; and
(b) for " section 86(1)(a) of that Act" (wherever occurring) substitute "section 256(2)(a) or section 259(2)(a) of that Act (as the case requires)".
110.32 In section 18ZR(5)—
Sch.
(a) for " section 83 or 84 of the Magistrates' Court Act 1989 " substitute "section 254 or 257 of the Criminal Procedure Act 2009 "; and
(b) for "sentencing order made" substitute "sentence imposed".
110.33 In section 18ZR(8), for " section 86(1) of the Magistrates' Court Act 1989 " substitute "section 256(2)(a) or section 259(2)(a) of the Criminal Procedure Act 2009 (as the case requires)".
110.34 In section 18ZR(9)—
(a) for "Subdivision 1 of Division 4 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 "; and
(b) for "sentencing order made" substitute "sentence imposed".
110.35 In section 26(1), for "charge" substitute "charge-sheet".
110.36 In section 26(2), for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 ".
110.37 In section 26(2)(a)—
(a) for "filing of a charge" substitute "filing of a charge-sheet"; and
(b) for " section 28(1)" substitute "section 12(1)".
110.38 In section 26(2)(b) and (2)(c), for "defendant" substitute "accused".
110.39 In section 31(1)(d), for "appearance"
substitute "attendance".
Sch.
110.40 In section 31(4)(b), for " section 34 of the Magistrates' Court Act 1989 " substitute "section 16 of the Criminal Procedure Act 2009 ".
110.41 In section 31(4A), for " section 35 of the Magistrates' Court Act 1989 " substitute "section 399 of the Criminal Procedure Act 2009 ".
110.42 In section 31(4F)—
(a) for "appearance" substitute "attendance"; and
(b) for "defendant" substitute "offender".
110.43 In section 31(4G), for "appears" substitute "attends".
110.44 In section 47(1), for "charge" substitute "charge-sheet".
110.45 In section 47(2), for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 ".
110.46 In section 47(2)(a)—
(a) for "filing of a charge" substitute "filing of a charge-sheet"; and
(b) for " section 28(1)" substitute
"section 12(1)".
110.47 In section 47(2)(b), for "defendant" substitute "accused".
110.48 In section 47(2)(c), for "defendant" substitute "accused".
110.49 In section 72(2)(a), for "appears" substitute "attends".
110.50 In section 72(4), for "appear" substitute
"attend".
Sch.
110.51 In section 72(5), for "appearance" substitute "attendance".
110.52 In section 75(2)(a), for "appears" substitute "attends".
110.53 In section 75(4), for "appear" substitute "attend".
110.54 In section 75(5), for "appearance" substitute "attendance".
110.55 In section 79(1), for "charge" substitute "charge-sheet".
110.56 In section 79(3), for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 ".
110.57 In section 79(3)(a)—
(a) for "filing of a charge" substitute "filing of a charge-sheet"; and
(b) for " section 28(1)" substitute
"section 12(1)".
110.58 In section 79(3)(b) and (3)(c), for "defendant" substitute "accused".
110.59 In section 83A(2)(b), for "appear" substitute "attend".
110.60 In section 83D(1), in the definition for authorised person , for "tried" substitute "heard and determined".
110.61 In section 83G(2), for "quashed" substitute
"set aside".
110.62 For section 84(8)(b) and (c) substitute —
"(b) the depositions in the committal proceeding.".
110.63 In section 85B(3)—
(a) for "count" (where first
occurring) substitute "charge"; and
Sch.
(b) for "count charged" substitute "charge".
110.64 In section 85F(1)(b), for "defendant" substitute "accused".
110.65 For section 85F(2)(b) and (c) substitute —
"(b) the depositions in the committal proceeding; or".
110.66 For section 86(9)(b) and (c) substitute —
"(b) the depositions in the committal proceeding; or".
110.67 In section 87H(1)(b), for "defendant" substitute "accused".
110.68 For section 87H(2)(b) and (c) substitute —
"(b) the depositions in the committal proceeding; or".
110.69 In section 89C(1)—
(a) for " section 83 of the Magistrates' Court Act 1989 " (wherever occurring) substitute "section 254 of the Criminal Procedure Act 2009 "; and
(b) for "sentencing order" substitute "sentence".
110.70 In section 90(1), after "trial" insert "or hearing".
110.71 In section 91(1), after "trial" insert "or hearing".
110.72 In section 100(1)(a), for "presented for trial" substitute "indicted".
110.73 In section 100(8), omit "quashed or".
110.74 In section 101(2), after "trial" insert "or hearing".
110.75 In section 101(3)(a), for "appearance"
substitute "attendance".
Sch.
110.76 In section 102(1) and (6), after "trial" (wherever occurring) insert "or hearing".
110.77 In section 102(7)—
(a) for "passing" substitute "imposing"; and
(b) for "pass" substitute "impose".
110.78 In section 102(8), after "trial" insert "or hearing".
110.79 In section 104(1), for "quashing" substitute "setting aside".
110.80 The heading to Part 8 is repealed .
110.81 In section 113(1), for " section 53(1) of the Magistrates' Court Act 1989 " substitute " section 28(1) of the Criminal Procedure Act 2009 ".
110.82 In section 116(1)(f), for "sentencing order" substitute "sentence".
110.83 After section 137 insert —
" 138 Transitional provision—Criminal Procedure Act 2009
(1) Subject to subsection (2), the maximum fine set out in section 112A, as inserted by section 433 of the Criminal Procedure Act 2009 , applies to a sentence imposed on or after the commencement of section 433 of that Act, irrespective of when the criminal proceeding commenced and irrespective of when the Magistrates' Court determined to grant a summary hearing.
(2) If—
Sch.
(a) the maximum fine set out in section 112A is greater than the maximum fine that applies to the summary hearing of an indictable offence immediately before the commencement of section 433 of the Criminal Procedure Act 2009 ; and
(b) before the commencement of section 433 of that Act, the Magistrates' Court determined to grant a summary hearing of a charge for the offence—
the maximum fine for the offence immediately before that commencement applies.
(3) Subject to subsection (4), the maximum fine set out in section 113D(1A) and (1B), as inserted by section 434 of the Criminal Procedure Act 2009 , applies to a sentence imposed on or after the commencement of section 434 of that Act, irrespective of when the criminal proceeding commenced and irrespective of when the Magistrates' Court determined to grant a summary hearing.
(4) If—
(a) the maximum fine set out in section 113D(1A) is greater than the maximum fine that applies to the summary hearing of an indictable offence immediately before the commencement of section 434 of the Criminal Procedure Act 2009 ; and
(b) before the commencement of section 434 of that Act, the Magistrates' Court determined to grant a summary hearing of a charge for the offence—
the maximum fine for the offence immediately before that commencement applies.".
110.84 In Schedule 2, omit "quashed or".
111 Serious Sex Offenders Monitoring
Act 2005
Sch.
111.1 In section 18(1) and (2) omit "quashed or".
111.2 In section 18(3) omit "quashing or".
111.3 In section 25J(1) and (2) omit "quashed or".
111.4 In section 25J(3) omit "quashing or".
111.5 In section 30(1), for "appear" substitute "attend".
111.6 In section 31(4), for "appearance" (wherever occurring) substitute "attendance".
111.7 In section 31(5), for "appearance" substitute "attendance".
111.8 For section 38(1) substitute —
"(1) If the offender or the Secretary proposes to appeal under this Part, he or she must, in accordance with the rules of court, file with the Court of Appeal a notice of appeal setting out the grounds of the appeal within—
(a) 28 days after the day on which the relevant decision was made; or
(b) any extension of that period granted under section 38A.".
111.9 After section 38 insert —
" 38A Extension of time for filing notice of appeal
The Court of Appeal at any time may extend the time within which notice of appeal may be filed under this Part.".
111.10 In section 39(1)(d), for "quash" substitute
"set aside".
111.11 In section 40(1), for "charge" substitute "charge-sheet".
111.12 In section 40(2), for "charge against him
or her for" substitute "charge-sheet charging him or her with".
Sch.
111.13 In section 40(2A), for "charge" substitute "charge-sheet".
111.14 In section 41(1), for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 ".
111.15 In section 41(1)(a)—
(a) for "charge" substitute "charge-sheet"; and
(b) for " section 28(l)" substitute
"section 12(1)".
111.16 In section 41(1)(b) and (c), for "defendant" substitute "accused".
112 Sex Offenders Registration Act 2004
112.1 In section 3, in the definition of "sentence"—
(a) for paragraph (a) substitute —
"(a) a sentence within the meaning of the Criminal Procedure Act 2009 or the Children, Youth and Families Act 2005 , including an order for the adjournment of a proceeding under section 59 of the Criminal Procedure Act 2009 ; and";
(b) for "defendant" (wherever occurring) substitute "accused".
112.2 In section 8(3)(c), for "counts in the one
presentment" substitute "charges in the one indictment".
Sch.
112.3 In section 48, for " section 26(4) of the Magistrates' Court Act 1989 " substitute " section 7(1) of the Criminal Procedure Act 2009 ".
112.4 In section 53(1)(d), for "section 128A of the Magistrates' Court Act 1989 " substitute " section 59 of the Criminal Procedure Act 2009 ".
112.5 In section 69(1) and (3), for "filing of the charge" substitute "filing of the charge-sheet charging the offence".
113 Shop Trading Reform Act 1996
113.1 In section 8(1)(c), for "defendant" substitute "accused".
114 State Electricity Commission Act 1958
114.1 In the Sixth Schedule, in clause 5, for "charges" substitute "charge-sheets".
115.1 In section 5, for "defendant" substitute "accused".
115.2 In section 9(1A), for "defendant" substitute "accused".
115.3 In section 10(2)(a), (5) and (6), for "defendant" substitute "accused".
115.4 In section 24(1)(b), for "a defendant" substitute "an accused".
115.5 In section 25, for "charge for an offence" substitute "charge-sheet charging an offence".
115.6 In section 33(1)(c)(i), for "defendant" substitute "accused".
115.7 In section 37(2), for "defendant" substitute
"accused".
Sch.
115.8 In section 44(3)(a), for "defendant" substitute "accused".
115.9 In section 44A(3)(a), for "defendant" substitute "accused".
115.10 In section 49B(2), for "defendant" (wherever occurring) substitute "accused".
115.11 In section 49D(2), for "defendant" substitute "accused".
115.12 In section 49F(2), for "defendant" substitute "accused".
115.13 In section 50A(6), for "defendant" substitute "accused".
115.14 Section 53(4) is repealed .
115.15 Insert the following heading to section 56—
" Who may file charge-sheet ".
115.16 In section 56(1), for "charge for a breach of or" substitute "charge-sheet charging".
115.17 In section 57, for "charge in respect of an alleged" substitute "charge-sheet charging an".
115.18 In section 60, for "charge before the court" substitute "charge-sheet before the court".
115.19 After section 62(6) insert —
"(7) Section 53 as amended by section 436 of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 436 of that Act.
(8) For the purposes of subsection (7), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 436 of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.".
116 Supreme Court Act 1986
Sch.
116.1 In section 17A(3)—
(a) for "Part VI of the Crimes Act 1958 " substitute "Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 "; and
(b) omit "or presentment".
116.2 In section 17A(3A)—
(a) after paragraph (a) insert —
"(ab) under section 272 of the Criminal Procedure Act 2009 ; or"; and
(b) in paragraph (b) omit "92 or".
116.3 In section 17A(4), for "An appeal does not lie" substitute "Subject to subsection (4A), an appeal does not lie".
116.4 After section 17A(4) insert —
"(4A) Subsection (4)(b) does not apply to an interlocutory appeal under Division 4 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 .".
116.5 In section 17A(7), for "An application" substitute "Unless otherwise provided by any other Act, an application".
116.6 For section 19(e) substitute—
"(e) cause undue distress or embarrassment to the complainant in a proceeding that relates to a charge for a sexual offence within the meaning of the Criminal Procedure Act 2009 ; or".
116.7 In section 111A(a), for "Part VI of the Crimes Act 1958 " substitute "Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 ".
116.8 In section 112(1)(a), for "Part VI of the Crimes Act 1958 " substitute "Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 ".
117 Surveillance Devices Act 1999
Sch.
117.1 In section 30I(3)(a), for "defendant" substitute "accused".
117.2 In section 32(3), for "defendant" substitute "accused".
118 Sustainable Forests (Timber) Act 2004
118.1 In section 90(b), for "defendant" substitute "accused".
119 Terrorism (Community Protection) Act 2003
119.1 In section 23(2), for "defendant" (wherever occurring) substitute "accused".
120 Tobacco Act 1987
120.1 In section 5B(2), for "defendant" (wherever occurring) substitute "accused".
120.2 In section 5D(2), for "defendant" (wherever occurring) substitute "accused".
120.3 In section 15G(2), for "defendant" (wherever occurring) substitute "accused".
121 Trade Measurement Act 1995
121.1 In section 9(3), for "defendant" (wherever occurring) substitute "accused".
121.2 In section 34(1)(b), for "defendant" (wherever occurring) substitute "accused".
121.3 In section 34(2), for "defendant" (wherever occurring) substitute "accused".
121.4 In section 34(3)—
(a) for "a defendant" substitute "an accused"; and
(b) for "the defendant" (wherever occurring) substitute "the accused"; and
(c) for "defendant's possession"
substitute "possession of the accused".
Sch.
121.5 In section 35, for "defendant" (wherever occurring) substitute "accused".
121.6 In section 64(1)(b), for "defendant" substitute "accused".
121.7 In section 73(2), for "defendant" substitute "accused".
122.1 In section 9 omit "presentments".
122.2 In section 13 omit "presentment or" (wherever occurring).
122.3 After section 29 insert —
" 30 Transitional
(1) Section 25 as amended by section 435(3) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(3) of that Act.
(2) For the purpose of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(3) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.".
123 Transport Accident Act 1986
123.1 In section 40A(1)(a)—
(a) for "a charge for an offence has been laid" substitute "a charge-sheet charging an offence has been filed"; and
(b) for "a charge for an offence may
be laid" substitute "a charge-sheet charging an offence may be filed".
Sch.
123.2 In section 40A(2), for "charge is laid" (wherever occurring) substitute "charge-sheet is filed".
123.3 In section 40A(3)(a), for "charge could be laid" substitute "charge-sheet could be filed".
123.4 In section 120(1)—
(a) for "charge for an offence" substitute "charge-sheet charging an offence"; and
(b) for "file charges" substitute "file charge-sheets".
123.5 In section 120(1A), for "charge for an offence" substitute "charge-sheet charging an offence".
123.6 In section 139(4)(a)—
(a) for "a charge has been laid"
substitute
"a charge-sheet charging an offence has been filed"; and
(b) for "a charge may be laid"
substitute
"a charge-sheet charging an offence may be filed".
123.7 In section 139(4)(b), for "charge" substitute "offence".
123.8 In section 139(4)(c) and (d), for "charge is laid" substitute "charge-sheet is filed".
124.1 In section 130A(3)(a)—
(a) omit "a presentment has been made or"; and
(b) for "laid" substitute "filed".
124.2 In section 130A(3)(b), for "charge has been
filed for the offence" substitute "charge-sheet charging the offence has been
filed".
Sch.
124.3 In section 130A(4)(a), for "entering of a nolle prosequi" substitute "discontinuance of the prosecution".
124.4 In section 130A(4)(c)—
(a) for "person against whom the charge has been laid" substitute "person charged"; and
(b) for "committal hearing" substitute "committal proceeding".
124.5 In section 130A(4)(d), for "person against whom the charge has been laid" substitute "person charged".
124.6 In section 134A(3), for "defendant" (wherever occurring) substitute "accused".
124.7 In section 158(4), for "defendant" substitute "accused".
124.8 Insert the following heading to section 159—
" Onus of proof on accused in certain cases ".
124.9 In section 159, for "defendant" (wherever occurring) substitute "accused".
124.10 In section 163(2)(a)—
(a) omit "a presentment has been made or"; and
(b) for "laid" substitute "filed".
124.11 In section 163(2)(b), for "charge has been filed for the offence" substitute "charge-sheet charging the offence has been filed".
124.12 In section 163(3)(a), for "entering of a nolle prosequi" substitute "discontinuance of the prosecution".
124.13 In section 163(3)(c)—
Sch.
(a) for "person against whom the charge has been laid" substitute "person charged"; and
(b) for "committal hearing" substitute "committal proceeding".
124.14 In section 163(3)(d), for "person against whom the charge has been laid" substitute "person charged".
124.15 In section 214(4), for "defendant" (wherever occurring) substitute "accused".
124.16 In section 214(5)—
(a) for "Division 5 of Part 4 of the Magistrates' Court Act 1989 " substitute "Part 3.4 of Chapter 3 of the Criminal Procedure Act 2009 "; and
(b) for "defendant" (wherever occurring) substitute "accused".
124.17 In section 215C(4)(b), for "a charge filed for the alleged offence" substitute "the filing of a charge-sheet charging the alleged offence".
124.18 In section 215D(3)(d), for "a charge filed for the alleged offence" substitute "the filing of a charge-sheet charging the alleged offence".
124.19 In section 215D(4), for "charge" substitute "charge-sheet".
124.20 In section 215F(4), for "defendant" (wherever occurring) substitute "accused".
124.21 In section 215F(5)—
(a) for "Division 5 of Part 4 of the
Magistrates' Court Act 1989 " substitute "Part 3.4 of Chapter 3 of the
Criminal Procedure Act 2009 "; and
Sch.
(b) for "sentencing order" substitute "sentence"; and
(c) for "made by it" substitute "imposed by it"; and
(d) for "defendant" (wherever occurring) substitute "accused".
124.22 In the note at the foot of section 228ZZE(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
124.23 In the note at the foot of section 228ZZK(2), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
124.24 In the note at the foot of section 228ZZKA(6), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
124.25 In section 229(1A), for "triable summarily" substitute "that may be heard and determined summarily".
124.26 In section 229(1B), for " section 38 of the Magistrates' Court Act 1989 " substitute "section 328 of the Criminal Procedure Act 2009 ".
124.27 In section 229A(2), for "charge" substitute "charge-sheet".
124.28 In section 230AE(1), (2) and (3), for
"defendant" substitute "accused".
Sch.
124.29 In the heading to section 230AF, for " defendant " substitute " accused ".
124.30 In section 230AF(1), (2) and (3), for "defendant" substitute "accused".
124.31 In section 230AF(4), (5), (6) and (7), for
"a defendant" substitute "an accused".
124.32 In the heading to Division 6 of Part VII, for " Sentencing orders " substitute " Sentences ".
125.1 In section 39O(3), for "defendant" substitute "accused".
126 Trustee Act 1958
126.1 In section 48(1) omit "or presentment".
127 Trustee Companies Act 1984
127.1 In section 45(6), for "defendant" (wherever occurring) substitute "accused".
128.1 In section 85, for " section 26 of the Magistrates' Court Act 1989 " substitute " section 7 of the Criminal Procedure Act 2009 ".
129 Utility Meters (Metrological Controls) Act 2002
129.1 In section 12(3), for "defendant" (wherever occurring) substitute "accused".
129.2 In section 46(1)(b), for "defendant" substitute "accused".
129.3 In section 65(2), for "defendant" substitute "accused".
130 Victims' Charter Act 2006
Sch.
130.1 In section 9(a), for "charges filed" substitute "offences charged".
130.2 In section 9(b)—
(a) for "charge is filed" substitute "offence is charged"; and
(b) for "charge was filed" substitute "offence was charged".
130.3 In section 9(c), for "charges are filed" substitute "offences are charged".
130.4 In section 11, for "trial process" substitute "process of the trial or hearing (as the case requires)".
131 Victorian Civil and Administrative Tribunal Act 1998
131.1 In section 138(1)—
(a) for "Part VI of the Crimes Act 1958 " substitute "Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 "; and
(b) for "passed" substitute "imposed".
131.2 In section 138(3), for "Part VI of the Crimes Act 1958 " substitute "Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 ".
132 Vital State Projects Act 1976
132.1 In section 9(7), for "defendant" substitute "accused".
132.2 In section 13—
(a) for "defendant" (wherever occurring) substitute "accused"; and
(b) for "the defendant's attendance" substitute "the attendance of the accused".
133 Water Act 1989
Sch.
133.1 In the note at the foot of section 137A(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
133.2 In section 302(1)—
(a) for "defendant" substitute "accused"; and
(b) for "mention date" substitute "contest mention date".
134.1 In the note at the foot of section 62A(3), for " section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 " substitute " section 28 of the Criminal Procedure Act 2009 ".
134.2 In section 177A(1)—
(a) for "defendant" substitute "accused"; and
(b) for "mention date" substitute "contest mention date".
135.1 In section 60(4), for "defendant" substitute "accused".
135.2 In section 85(1)—
(a) for " Magistrates' Court Act 1989 " substitute " Criminal Procedure Act 2009 "; and
(b) for "defendant" (wherever occurring) substitute "accused".
135.3 In section 86B, for " section 26 of the Magistrates' Court Act 1989 " substitute "section 7 of the Criminal Procedure Act 2009 ".
136 Working with Children Act 2005
Sch.
136.1 In section 5(a)—
(a) omit "a presentment has been made or"; and
(b) for "laid" substitute "filed".
136.2 In section 5(b), for "charge has been filed against the person for the offence" substitute "charge-sheet charging the offence has been filed against the person".
136.3 In section 6(3), for "entering of a nolle prosequi" substitute "discontinuance of a prosecution".
136.4 In section 13(1)(g), for "charge of" substitute "charge for".
136.5 In section 14(1)(c), for "charge of" substitute "charge for".
136.6 In section 20(3), for "charge of" substitute "charge for".
136.7 In section 20(3)(a), for "charge" substitute "charge-sheet containing the charge".
136.8 In section 21(2)—
(a) for "charge of" substitute "charge for"; and
(b) for "filing of the charge" substitute "filing of the charge-sheet containing the charge".
136.9 In section 41(2), for "charge of" substitute "charge for".
137 Wrongs Act 1958
137.1 Section 3 is repealed .
137.2 In section 4, for "presentment" substitute "indictment".
137.3 In section 11(1) and (2), for "defendant"
(wherever occurring) substitute "accused".
Sch.
137.4 In section 13, for "defendant" (wherever occurring) substitute "accused".
137.5 After section 13 insert —
" 13AA Transitional
(1) Section 10 as amended by section 435(2) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(2) of that Act.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(2) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.".
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