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CRIMINAL PROCEDURE AMENDMENT (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2009 (NO. 68 OF 2009) - SECT 86

New sections 609 and 610 inserted

After section 608 of the Children, Youth and Families Act 2005 insert

        "     609     Transitional provision—Criminal Procedure Act 2009

    (1)     Part 5.1A as inserted by section 429 of the Criminal Procedure Act 2009 applies to a proceeding for a summary offence if the offence is alleged to have been committed on or after the commencement of section 429 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 429 of the Criminal Procedure Act 2009 , the offence is alleged to have been committed after that commencement.

    (3)     Section 516A as inserted by section 430 of the Criminal Procedure Act 2009 applies to a committal proceeding if the criminal proceeding commenced on or after the commencement of section 430 of that Act.

        610     Transitional provision—Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009

    (1)     Section 328 as amended by section 60 of the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal in relation to—

        (a)     an order referred to in section 328(1) made on or after the commencement of section 60 of that Act; or

        (b)     the dismissal of an application referred to in section 328(1) on or after the commencement of section 60 of that Act.

    (2)     Divisions 1, 2 and 3 of Part 5.4, as inserted by section 69 of the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 , apply to an appeal in relation to a sentence imposed by the Children's Court on or after the commencement of section 69 of that Act.

    (3)     Division 6 of Part 5.4 (other than section 430W), as inserted by section 69 of the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 , applies to an appeal from a final order of the Children's Court made on or after the commencement of section 69 of that Act.

    (4)     Section 430W, as inserted by section 69 of the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 , applies to an acquittal recorded on or after the commencement of section 69 of that Act, irrespective of when the proceeding commenced.

    (5)     Division 7 of Part 5.4, as inserted by section 69 of the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 , applies to an appeal where the sentence is imposed on or after the commencement of section 69 of that Act.".



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