Australian Capital Territory Numbered Regulations

MAGISTRATES COURT (TRANSITIONAL PROVISIONS) REGULATION 2009 (NO 20 OF 2009) - REG 3

The Act, chapter 11 applies as if section 451 were omitted and the following sections substituted:

‘451     Application of certain other amendments

    (1)     The amendments of part 3.5 (Proceedings for indictable offences) made by the Crimes Legislation Amendment Act 2008 do not apply in relation to a proceeding if the court has begun to take oral or written evidence in the proceeding before the amendments commence.

    (2)     Part 3.5, as in force immediately before the amendments mentioned in subsection (1) commence, continues to apply in relation to the proceeding.

    (3)     The amendments of part 3.10 (Criminal appeals) made by the Crimes Legislation Amendment Act 2008 do not apply to a proceeding on an appeal if the proceeding has started before the amendments commence.

    (4)     Part 3.10, as in force immediately before the amendments mentioned in subsection (3) commence, continues to apply to the proceeding.

451A     Admissibility of certain written statements made before commencement day

    (1)     In this section:

"commencement day" means the day the Crimes Legislation Amendment Act 2008 , part 1.11 (Magistrates Court Act 1930) commences.

    (2)     A written statement is not inadmissible only because it does not comply with section 90AA (3) if it—

        (a)     was made before the commencement day; and

        (b)     contains words to the effect of the endorsement set out in section 90AA (3) (a).

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