Victorian Numbered Acts Victorian Numbered ActsSCHEDULE 2
Sch. 2
AMENDMENT OF ACTS — TRANSITIONAL PROVISIONS
After section 585 insert —
"585A. Transitional provisions—(Crimes (Sexual Offences) Act 1991)
(1) The amendments made by the following provisions of the Crimes (Sexual Offences) Act 1991 apply to a proceeding that occurs on or after the commencement of the provision, irrespective of when the offence to which the proceeding relates is alleged to have been committed—
(a) section 3 to the extent that it—
(i) abolishes the requirement of corroboration in sections 51(5), 54(2) and 55(2) of this Act by repealing those sections;
(ii) inserts a new section 61 in this Act;
(b) section 6(c);
(c) any provision of Part 3;
(d) any provision of section 13, 15, 16(1)(a), (b), (c), (d) or (e) or 19.
(2) Subject to sub-section (1)(a), the amendments made by section 3, 6(a), 6(b), 6(d) or 6(e) of the Crimes (Sexual Offences) Act 1991 apply only to offences alleged to have been committed after the commencement of that section.
(3) The amendments made by any provision of section 4, 5, 14, 16(1)(f) or 16(2) of the Crimes (Sexual Offences) Act 1991 apply only to proceedings relating to offences alleged to have been committed after the commencement of the provision.
(4) For the purposes of this section an offence is not alleged to have been committed after the commencement of a provision if it is alleged to have been committed between two dates, one before and one after that commencement.
(5) This section adds to, and does not take away from, the provisions of the Interpretation of Legislation Act 1984 .
(6) The re-enactment by this section of section
21(2) of, and the Schedule to, the Crimes (Sexual Offences) Act 1991 does not
affect the operation of any Act enacted after the
Crimes (Sexual Offences) Act 1991 .
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585B. Transitional provisions—(Crimes (Amendment) Act 1993)
(1) This Act, as amended by section 7 of the Crimes (Amendment) Act 1993 , does not apply to an application to a court for fingerprints or a blood sample—
(a) made before the commencement of section 7 of that Act; or
(b) made after that commencement arising from a refusal to give fingerprints or a blood sample before the commencement.
(2) Subject to section 464P of this Act (as inserted by the Crimes (Amendment) Act 1993 ) this Act as in force immediately before the commencement of section 7 of the Crimes (Amendment) Act 1993 continues to apply to fingerprints and blood samples taken before that commencement.
(3) The re-enactment by this section of section 11 of the Crimes (Amendment) Act 1993 does not affect the operation of any Act enacted after the Crimes (Amendment) Act 1993 .
585C. Transitional provisions—(Miscellaneous Acts (Omnibus Amendments) Act 1996)
(1) This Act as amended by sections 6(1) and 6(3) of the Miscellaneous Acts (Omnibus Amendments) Act 1996 applies only with respect to applications for warrants made on or after the commencement of section 6 of that 1996 Act under section 465 of this Act or section 81 of the Drugs, Poisons and Controlled Substances Act 1981 .
(2) This Act as amended by section 8 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 applies to any child pornography, film, photograph, publication or computer game seized, whether before or after the commencement of section 8 of that 1996 Act.
(3) The expressions used in sub-section (2) have the same meaning as in section 67A of this Act.
(4) The re-enactment by this section of sections
6(4) and 9 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 does
not affect the operation of any Act enacted after the Miscellaneous Acts
(Omnibus Amendments) Act 1996 .
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585D. Transitional provisions—(Sentencing and Other Acts (Amendment) Act 1997)
(1) The amendment of this Act made by section 54 or 56 of the Sentencing and Other Acts (Amendment) Act 1997 applies only to offences alleged to have been committed after the commencement of that amendment.
(2) For the purposes of sub-section (1), if an offence is alleged to have been committed between two dates and an amendment of this Act by section 54 or 56 of the Sentencing and Other Acts (Amendment) Act 1997 commenced on a date between those two dates, the offence is alleged to have been committed before the commencement of that amendment.
(3) The amendments of section 568 of this Act made by section 59 of the Sentencing and Other Acts (Amendment) Act 1997 apply to appeals heard and determined by the Court of Appeal after the commencement of section 59 of the Sentencing and Other Acts (Amendment) Act 1997 , irrespective of when the notice of appeal or notice of application for leave to appeal was given.
(4) The re-enactment by this section of section 63 of the Sentencing and Other Acts (Amendment) Act 1997 does not affect the operation of any Act enacted after the Sentencing and Other Acts (Amendment) Act 1997 .".
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After section 117 insert —
'117A. Transitional provisions— Sentencing (Amendment) Act 1993
(1) The amendments made to this Act by any provision of section 4, 5, 6, 8, 9, 10(2) or 10(4) of the Sentencing (Amendment) Act 1993 apply to a proceeding for an offence that is commenced after the commencement of that provision, irrespective of when the offence to which the proceeding relates is alleged to have been committed.
(2) The amendments made to this Act by any provision of sections 10 (other than sub-sections (2) and (4)) to 16 of the Sentencing (Amendment) Act 1993 , apply to any sentence, whether imposed before or after the commencement of that provision.
(3) The re-enactment by this section of section 26 of the Sentencing (Amendment) Act 1993 does not affect the operation of any Act enacted after the Sentencing (Amendment) Act 1993 .
117B. Transitional provisions—Miscellaneous Acts (Omnibus Amendments) Act 1996
(1) This Act, as amended by section 20 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 applies to a proceeding for an offence that is commenced after the commencement of section 20 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 , irrespective of when the offence was committed.
(2) In sentencing an offender in such a proceeding, the amendment made by section 20 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 applies for the purposes of the definition of "serious sexual offender" in section 3(1) of this Act (as in force on the commencement of section 20 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 ) irrespective of when the conviction for an offence against section 47 of the Crimes Act 1958 was recorded.
(3) The re-enactment by this section of section 21
of the Miscellaneous Acts (Omnibus Amendments) Act 1996 does not affect the
operation of any Act enacted after the Miscellaneous Acts (Omnibus Amendments)
Act 1996 .'.
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