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BAIL ACT 1980 - SECT 39
Provision concerning references to s 28A(1)(a)
39 Provision concerning references to s 28A(1)(a)
(1) It is declared that, during the relevant period, the
Acts Interpretation Act 1954, section 14H applied so that the reference to
section 28A(1)(a) in sections 28B and 33 included a reference to
section 28A(1)(b), (c) and (e).
(2) Without limiting subsection (1), if a
defendant was apprehended during the relevant period under an
affected warrant, subsections (3) and (4) apply.
(3) Section 28B is taken to
have applied in relation to the affected warrant as if the reference in
section 28B to a warrant issued under section 28A(1)(a) included a reference
to the affected warrant.
(4) If the defendant was convicted of an offence
against section 33, section 33 is taken to have applied, in relation to the
defendant and the proceedings for the offence against section 33, as if the
references in section 33 to a warrant issued under section 28A(1)(a) included
a reference to the affected warrant.
(5) In this section—
"affected warrant" means a warrant issued before the commencement date under
old section 28A(1)(a)(ii), (iii) or (iv) or during the relevant period under
section 28A(1)(b), (c) or (e).
"commencement date" means the date the Criminal Law Amendment Act 2002, the
schedule, amendments of the Bail Act 1980 commenced.
"old" , in relation to a provision, means the provision as in force from time
to time before the commencement date.
"relevant period" means the period beginning on the commencement date and
ending immediately before the commencement of this section.
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