Australian Capital Territory Numbered Acts

CRIMES AMENDMENT ACT 2005 (NO. 7 OF 2005) - SECT 27

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Part 14     Transitional

148     Application of amendments made by Crimes Amendment Act 2005

    (1)     This section applies if, before the commencement of the Crimes Amendment Act 2005 " (the "amending Act )—

        (a)     the Supreme Court or Magistrates Court makes an order under the Crimes Act , part 13 requiring a person to submit to the jurisdiction of the tribunal to enable the tribunal to determine whether or not the person is fit to plead to a charge; and

        (b)     the tribunal has not made a final determination about the person's fitness to plead.

    (2)     Part 8, as in force immediately before the commencement of the amending Act, continues to apply in relation to the matter until the tribunal makes its final determination about the person's fitness to plead.

    (3)     After the tribunal makes its final determination about the person's fitness to plead, the Crimes Act, part 13 applies in relation to the matter as if the question of the person's fitness to plead had been decided by the court.

    (4)     For the application of this Act, section 68 as amended by the amending Act, a determination by the tribunal that a person is unfit to plead in relation to a charge (whether the determination is made before or after the commencement of the amending Act), is taken to be a decision of the Magistrates Court under the Crimes Act, section 315D (7) that the person is unfit to plead in relation to the charge.

    (5)     In this section:

"final determination" about a person's fitness to plead means—

        (a)     a determination under section 68 that the person is unfit to plead and is unlikely to become fit within 12 months; or

        (b)     a determination under section 68, or on a review under section 69, that the person is fit to plead; or

        (c)     if the tribunal first determines under section 68 that the person is unfit to plead but is likely to become fit within 12 months after the determination is made—a determination under section 69 after the end of the 12-month period that the person is unfit to plead.

149     Expiry of pt 14

    (1)     This part expires 3 months after the day it commences.

    (2)     This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.