Victorian Numbered Acts Victorian Numbered ActsAfter Schedule 3 to the Principal Act insert —
" Schedule 4—Transitional provisions for Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017
In this Schedule—
"commencement day" means the day on which section 64A of the Corrections Act 1986 is repealed;
"DSO division" means the Detention and Supervision Order division of the Adult Parole Board established under section 64A of the Corrections Act 1986 as in force immediately before its repeal.
(1) Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) If a repealed or amended provision of this Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—
(a) any other repealed or amended provisions necessary to give effect to that continued provision; and
(b) any regulations made for the purposes of that continued provision.
(1) On and from the commencement day, a decision made at a meeting of the DSO division before the commencement day is taken to be a decision made at a meeting of the Authority.
(2) Without limiting subclause (1), on and from the commencement day, a decision made at a meeting of the Adult Parole Board exercising its functions under this Act before the commencement day is taken to be a decision made at a meeting of the Authority.
On and from the commencement day, an exercise of the Adult Parole Board's functions and powers by the DSO division under this Act or the Corrections Act 1986 or by the Board under this Act before the commencement day is taken to be an exercise of the functions and powers of the Authority.
On and from the commencement day, a direction given by the DSO division or the Adult Parole Board under section 119 or 120 before the commencement day is taken to be a direction given by the Authority under the relevant section.
On and from the commencement day, an instruction given by the DSO division or the Adult Parole Board under section 121 before the commencement day is taken to be an instruction given by the Authority under that section.
(1) A reference in any Act (other than this Act), subordinate instrument, agreement, instrument, deed or other document to the DSO division (by whatever name described), the DSO Division of the Adult Parole Board or the Adult Parole Board exercising its functions under this Act is be construed as a reference to the Authority—
(a) so far as the reference relates to any period on and from the commencement day; and
(b) if not inconsistent with the subject matter.
(2) A reference in an order made by a court under this Act to the DSO division (by whatever name described), the DSO Division of the Adult Parole Board or the Adult Parole Board exercising its functions under this Act is to be construed as a reference to the Authority—
(a) so far as the reference relates to any period on and from the commencement day; and
(b) if not inconsistent with the subject matter.
On and from the commencement day—
(a) all rights, assets, debts, liabilities and obligations of the Adult Parole Board existing immediately before the commencement day in relation to the functions of the DSO division under this Act or the Adult Parole Board under this Act become the rights, assets, liabilities and obligations of the Authority; and
(b) the Authority is substituted for the Adult Parole Board as a party in any proceeding, contract, agreement, arrangement, lease, licence or permit commenced or made by, against or in relation to the Board in relation to the functions of the DSO division under this Act or the Adult Parole Board under this Act; and
(c) the Authority may continue and complete any other continuing matter or thing commenced by, against or in relation to the Adult Parole Board in relation to the functions of the DSO division under this Act or the Adult Parole Board under this Act.
All information, documents, reports and records in the possession or control of the Adult Parole Board immediately before the commencement day, whether held under this Act, any other Act or otherwise, in relation to the functions of the DSO division or the Adult Parole Board under this Act—
(a) are transferred to the custody of the Authority on the commencement day; and
(b) are taken to be information, documents, reports and records in the possession or control of the Authority on and from the commencement day.
If the Adult Parole Board has received a
request or is required to take an action under any provision of this Act, but,
on the commencement day, has not determined or finalised the request or
action, on and from the commencement day, the Authority may determine or
finalise the request or action.".
Part 5—Consequential amendments to other Acts