Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 458

Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—criminal procedure disclosure

    (1)     The amendments made to this Act by Division 1 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 apply to a criminal proceeding commenced on or after the commencement of that Division, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

    (2)     For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Division 1 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 , the offence is alleged to have been committed before that commencement.

    (3)     The amendments made to this Act by Division 2 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 apply to a criminal proceeding commenced on or after the commencement of that Division, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

    (4)     For the purposes of subsection (3), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Division 2 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 , the offence is alleged to have been committed before that commencement.

    (5)     The amendments made to this Act by Division 3 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 apply to a criminal proceeding commenced on or after the commencement of that Division, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

    (6)     For the purposes of subsection (5), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Division 3 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 , the offence is alleged to have been committed before that commencement.

S. 459 inserted by No. 1/2022 s. 115.



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