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BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 35

Schedule 8 amended

At the end of Schedule 8 to the Magistrates' Court Act 1989 insert

        "     46     Transitional provisions—Bail Amendment Act 2010

    (1)     On the commencement of section 29 of the Bail Amendment Act 2010 , a bail justice holding office immediately before that commencement (other than a bail justice referred to in section 121 of this Act) is deemed to be a bail justice appointed under section 120A of this Act whose term of office expires—

        (a)         in the case of a bail justice appointed before 1 January 1991, 1 year after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs;

        (b)     in the case of a bail justice appointed on or after 1 January 1991 and before 1 January 2000, 2 years after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs;

        (c)             in the case of a bail justice appointed on or after 1 January 2000 and before the commencement of section 29 of that Act, 3 years after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs.

    (2)     On the commencement of section 29 of the Bail Amendment Act 2010

        (a)     an application for appointment as a bail justice that has been made but not determined before that commencement is to be taken to be an application made under section 120B of this Act; and

        (b)     the applicant's completion before that commencement of the whole or part of a course of training that is subsequently prescribed for the purposes of section 120A(2)(e) may be relied on for the purposes of the application.

    (3)     Section 121 as amended by section 30 of the Bail Amendment Act 2010 applies to a person who commences to hold a prescribed office within the meaning of section 121 on or after the commencement of section 30 of that Act.

    (4)     Section 122 as in force immediately before the commencement of section 31 of the Bail Amendment Act 2010 continues to apply to any proceeding under section 122 existing immediately before the commencement of section 31 of that Act.".

__________________

See:
Act No.
7/2009.
Reprint No. 1
as at
1 January 2010
and amending
Act Nos
7/2009, 13/2009, 6/2010, 30/2010 and 34/2010.
LawToday:
www.
legislation.
vic.gov.au



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