Victorian Current Acts Victorian Current Acts(1) If, on or before 22 December 2000, an order under section 464ZF(3) is purported to have been made by—
(a) the Magistrates' Court not sitting in open court; or
(b) a magistrate not constituting the Magistrates' Court—
the order is deemed to have, and always to have had, the same force and effect as it would have had if the order had been made by the Magistrates' Court sitting in open court.
(2) Subsection (1) does not affect the rights of the parties in the proceeding known as Lednar, O'Brien and Hill v. The Magistrates' Court and The Chief Commissioner of Police (Victoria) (No. 6292 of 2000) in the Supreme Court of Victoria.
S. 464ZL(3) inserted by No. 41/2004 s. 21.
(3) An order purporting to have been made under section 464ZF(2) before the commencement of the Crimes (Amendment) Act 2004 in respect of a person is not invalid only because the person was not given—
(a) notice of the application for the order; or
(b) an opportunity to be heard on the application.
S. 464ZL(4) inserted by No. 41/2004 s. 21.
(4) An order purporting to have been made under section 464ZF(3) before the commencement of the Crimes (Amendment) Act 2004 in respect of a person aged 17 years or more is not invalid only because the person was not given—
(a) notice of the application for the order; or
(b) an opportunity to be heard on the application.
S. 464ZL(5) inserted by No. 41/2004 s. 21.
(5) Subsection (4) does not affect the rights of the parties in the proceeding known as Pavic v. Magistrates' Court of Victoria and Chief Commissioner of Police (No. 1001 of 2002) in the Supreme Court of Victoria.
S. 464ZL(6) inserted by No. 72/2013 s. 16.
(6) If, before the commencement of section 4(1) and (2) of the Crimes Amendment (Investigation Powers) Act 2013 , an order is purported to have been made under section 464B(5) in respect of an offence committed outside Victoria against a law of the Commonwealth or another State or a Territory, the order is taken to have, and always to have had, the same force and effect as it would have had if the order had been made after that commencement.
S. 464ZL(7) inserted by No. 72/2013 s. 16.
(7) Any questioning or investigation conducted pursuant to an order referred to in subsection (6) by a member of the Australian Federal Police or a member of the police force of another State or a Territory before the commencement of section 4(1) and (2) of the Crimes Amendment (Investigation Powers) Act 2013 is taken to have, and always to have had, the same force and effect as it would have had if conducted after that commencement.
S. 464ZL(8) inserted by No. 72/2013 s. 16.
(8) Subsections (6) and (7) do not affect the rights of the parties in the proceeding known as Detective Jason Wallace v Bandali Debs and the Magistrates' Court of Victoria (No. 10194 of 2008) in the Supreme Court of Victoria.
S. 464ZLA inserted by No. 3/2019 s. 75.