1 (1) TheMagistrates' Court shall be deemed to be the same Court asthe severalMagistrates' Courts existing immediately before the commencementof Part 2 and no action, matter or thing shall be abated or affected by thechange in the establishment or name of the Court.
(2) Unless the context otherwise requires, anyreference in any Act or in anysubordinate instrument or in any document orwriting of any kind whatsoever to aMagistrates' Court or toMagistrates'Courts is to be taken to refer to theMagistrates' Court.
(3) Unless the context otherwise requires, anyreference in any Act or in anysubordinate instrument or in any document orwriting of any kind whatsoever to aMagistrates' Court held at a particularplace is to be taken to refer to theMagistrates' Court sitting at that placeor, if theMagistrates' Court does not sit at that place, to the Court sittingat the place that is nearest to that place.
2 (1) Each person who holds office as amagistrate immediately beforethe commencement of Part 2 holds office as amagistrate under and subject tothis Act on and from that commencement without any further appointment.
(2) Each person who holds office as ChiefMagistrate or Deputy ChiefMagistrate immediately before the commencement ofPart 2 holds office as ChiefMagistrate or Deputy ChiefMagistrate (as thecase requires) under and subject to this Act on and from that commencementwithout any further appointment.
(3) Unless the context otherwise requires, anyreference in any Act or in anysubordinate instrument or in any document orwriting of any kind whatsoever to a policemagistrate or to a stipendiarymagistrate is to be taken to refer to amagistrate.
3 (1) Each person who holds office as a clerk of aMagistrates' Courtimmediately before the commencement of Part 3 holds office as aregistrar ofthe Court under and subject to this Act and thePublic Service Act 1974on andfrom that commencement without any further appointment.
(2) Each person who holds office as a deputy clerkof aMagistrates' Court immediately before the commencement of Part 3 holdsoffice as a deputyregistrar of the Court under and subject to this Act andthePublic Service Act 1974on and from that commencement without any furtherappointment.
(3) Unless the context otherwise requires, anyreference in any Act or in anysubordinate instrument or in any document orwriting of any kind whatsoever to a clerk of aMagistrates' Court is to betaken to refer to aregistrar of the Court.
(4) Unless the context otherwise requires, anyreference in any Act or in anysubordinate instrument or in any document orwriting of any kind whatsoever to a deputy clerk of aMagistrates' Court is tobe taken to refer to a deputyregistrar of the Court.
4 Unless the context otherwise requires, anyreference in any Act (other than this Act, theEvidence Act 2008or theEvidence (Miscellaneous Provisions) Act 1958) or in anysubordinate instrument to a justice of the peace is to be taken to refer to amagistrate.
5 If by any Act (other than this Act) or by anysubordinate instrument a procedure isprescribed for or in relation to anyproceeding in the Court or for or in relation to any step orprocess in such aproceeding and there isprescribed by this Act or the Rules a procedure thatis applicable to such aproceeding or step orprocess, the procedureprescribed by this Act or the Rules applies despite the provisions of that Actorsubordinate instrument.
6 A civilproceeding in the Court must, despiteanything in any Act orsubordinate instrument, be commenced and conducted inaccordance with the Rules and not otherwise.
7 A criminalproceeding in the Court must, despiteanything in any Act orsubordinate instrument, be commenced and conducted inaccordance with this Act and not otherwise.
8 Anorder made by the Court in a civilproceeding(other than anorder made under theImprisonment of Fraudulent Debtors Act 1958or theJudgment Debt Recovery Act 1984) must be enforced in accordance with this Actand the Rules and not otherwise.
9 If by or under any Act other than this Act anyjurisdiction, power or authority is vested in amagistrate—
(a) that jurisdiction, power orauthority may be exercised in accordance with this Act and the Rules by theCourt in all respects as thatmagistrate might have done; and
(b) the Court constituted inaccordance with this Act and the Rules has jurisdiction, power or authorityco-ordinate with the jurisdiction, power or authority of themagistrate.
10 If by or under any Act other than this Act anyjurisdiction, power or authority is vested in aMagistrates' Court or in anymagistrate or justice of the peace by the use of the words "aMagistrates' Court", "a Magistrates' Court constituted by a magistrate","a magistrate proceeding in chambers", "a magistrate" or "a justice" orby any words referring to aMagistrates' Court or to anymagistrate or justiceof the peace, that jurisdiction, power or authority may be exercised by theCourt in accordance with this Act and the Rules.
11 Unless the context otherwise requires, anyreference in any Act or in anysubordinate instrument or in any document orwriting of any kind whatsoever to aprocess, summons, warrant or other thingspecified in column 1 of the Table is to be taken to refer to theprocess,summons, warrant or other thing specified opposite it in column 2 of theTable.
TABLE
Column 1 | Column 2 |
Information | Charge |
Preliminary examination | Committalproceeding |
Warrant to apprehend | Warrant to arrest |
Warrant to search | Search warrant |
Warrant of distress | Warrant to seize property |
Warrant of commitment | Warrant to imprison, warrant to detain in a youth training centre or remandwarrant, whichever is appropriate |
12 (1) TheMagistrates' Courts Act 1971 and theMagistrates(Summary Proceedings) Act 1975continue, despite their repeal and despite anyrule of law to the contrary, to apply to—
(a) any action or matter pending inaMagistrates' Court immediately before the commencement of Part 2 unless atthat commencement—
(i) the hearingof that action or matter had not commenced; or
(ii) noevidence had been given on the hearing of that action or matter; and
(b) any re-hearing or review of, orappeal from, any action or matter—
(i) that wasconcluded before the commencement of Part 2; or
(ii) to which,by virtue of paragraph (a), theMagistrates' Courts Act 1971and theMagistrates (Summary Proceedings) Act 1975continue to apply; and
(c) the enforcement of anyordermade in any action or matter referred to in paragraph (b).
(2) Part VIIA of theMagistrates (Summary Proceedings) Act 1975continues, despite its repeal, toapply to enforcementorders made under that Part before the commencement ofsection 99 of this Act.
(3) Section 168 of theMagistrates (Summary Proceedings) Act 1975continues, despite its repeal, toapply in relation to aproceeding for an offence if, at the commencement ofsection 130, the hearing of thatproceeding had commenced.
(4) Subclause (1) applies except as otherwiseexpressly provided by the Rules with respect to civilproceedings.
13 Allfines imposed before the commencement ofsection 97 and not recovered before that commencement may be recovered inall respects
as if this Act had not been passed.
* * * * *
* * * * *
16 The amendment ofsection 58(1)(b) made bysection 29 of theLaw and Justice Legislation Amendment Act 1997appliesto warrants issued before as well as after the commencement ofsection 29 ofthat Act.
17 The amendment of Schedule 7 made by section30(2) of theLaw and Justice Legislation Amendment Act 1997applies towarrants issued before as well as after the commencement of section 30(2) ofthat Act.
* * * * *
19 The amendments of section 126 of this Act madeby section 24(1) and (2) of theMagistrates' Court (Amendment) Act 1999applytoproceedings, whether commenced before or after the commencement of thatsection of that Act.
20 (1) Schedule 5, as substituted bysection 4 of theMagistrates'Court (Amendment) Act 1999applies only with respect to the hearing of chargesfiled after the commencement of that section.
(2) Schedule 5, as in force immediately before thecommencement ofsection 4of theMagistrates' Court (Amendment) Act 1999,continues to apply, despite its repeal, with respect to the hearing of chargesfiled before that commencement.
(3) Any amendment of this Act made by aprovision of Part 2 of theMagistrates' Court (Amendment) Act 1999doesnot alter the nature of a committalproceeding from that existing immediatelybefore the commencement of that provision.
21 (1) The amendments of this Act made by sections 9, 13 and 14 of theMagistrates' Court (Amendment) Act 1999apply only with respect toappeals to the County Court where notice of appeal is given on or after1 July 1999.
(2) The repeal of section 87 effected bysection 10 of theMagistrates' Court (Amendment) Act 1999does not affect anappeal to the County Court where the notice of appeal was given before1 July 1999.
(3) Section 88AA, as inserted by section 11 of theMagistrates' Court (Amendment) Act 1999, applies only with respect to appealsto the County Court where notice of appeal is given on or after 1 July1999.
22 (1) The amendments of sections 34 and 35 of this Act made by section4 of theMagistrates' Court (Committal Proceedings) Act 2000apply only withrespect to summonses issued on or after the commencement of that section ofthat Act.
(2) The amendments of section 56A of this Actmade by section 6 of theMagistrates' Court (Committal Proceedings)Act 2000apply only with respect to applications made undersection 56A(1), and toproceedings held underorders made on suchapplications, on or after the commencement of that section of that Act.
(3) Subject to subclauses (4) to (8), an amendmentof Schedule 5 to this Act made by a provision of Part 2 of theMagistrates' Court (Committal Proceedings) Act 2000applies only with respectto the hearing of charges filed in the Court on or after the commencement ofthat provision.
(4) If adefendant has given a notice underclause 12(1)(a) of Schedule 5 to this Act before the commencement ofsection 7(9) of theMagistrates' Court (Committal Proceedings) Act 2000but an application for leave to cross‑examine the witness has not beenmade before that commencement, the notice has effect on and after thatcommencement as if it were a notice given in accordance with that clause asamended by that Act and the application for leave shall be made and determinedin accordance with Schedule 5 to this Act as amended by that Act.
(5) If an application for leave to cross-examine awitness at a committalproceeding has been refused before the commencement ofsection 7(9) of theMagistrates' Court (Committal Proceedings) Act 2000butthe committalproceeding has not been held before that commencement, the Courtmay, on the application of thedefendant, grant leave to thedefendant to givea fresh notice under clause 12(1)(a) of Schedule 5 to this Act as amendedby that Act if satisfied that it is in the interests of justice to do so.
(6) Subject to subclause (5), a notice that thedefendant intends to seek leave to cross-examine a witness at acommittalproceeding may be given, and an application for leave tocross-examine a witness at a committalproceeding may be made, on or after thecommencement ofsection 7(9) of theMagistrates' Court (Committal Proceedings)Act 2000in accordance with Schedule 5 to this Act as amended by that Act,irrespective of when the charge to which theproceeding relates was filed inthe Court.
(7) If leave to cross-examine a witness to whomclause 13 of Schedule 5 to this Act applies has been granted before thecommencement of section 8 of theMagistrates' Court(Committal Proceedings) Act 2000but the cross-examination has notcommenced before that commencement, the amendment of that Schedule madeby that section applies with respect to the cross-examination.
(8) Clause 24A of Schedule 5 to this Act, asinserted by section 9 of theMagistrates' Court (Committal Proceedings)Act 2000applies irrespective of when thedefendant was committed for trial.
23 Any amendment of this Act made by theMagistrates' Court (Infringements) Act 2000 applies to infringement notices,enforcementorders, warrants and custodial community permits issued before aswell as after the commencement of that Act.
24 If the operation of clause 23 would result inan enforcementorder expiring before the date section 11 of theMagistrates'Court (Infringements) Act 2000came into operation, theorder expires on thatdate.
25 Despite clauses 23 and 24, if an application tohave an application for the revocation of an enforcementorder referred to theCourt under clause 10(6) of Schedule 7 was pending immediately before section11 of theMagistrates' Court (Infringements) Act 2000came into operation, theorder remains in force until theregistrar refuses the application forreferral or, if the referral is made, until the Court revokes or refuses torevoke theorder.
26 The amendment of item 49 in Schedule 4 to thisAct made by theDrugs, Poisons and Controlled Substances (Amendment) Act 2001applies to offences alleged to have been committed before as well asafter the commencement of that Act.
27 (1) The amendments made to this Act by sections 12, 13, 14,15, 19 and 20 of theCriminal Justice Legislation (Miscellaneous Amendments)Act 2002apply to a criminalproceeding commenced on or after thecommencement of that Act.
(2) Section 128A as inserted bysection 17 of theCriminal Justice Legislation (Miscellaneous Amendments) Act 2002applies to acriminalproceeding for an offence, whether commenced before or after thecommencement ofsection 17 of that Act.
28 The amendments of this Act made by section 6 oftheMagistrates' Court (Koori Court) Act 2002apply with respect to aproceeding for an offence, irrespective of when the offence was committed ortheproceeding commenced.
29 The amendments made to this Act bysection 6 of theCourts Legislation (Amendment) Act 2003apply withrespect to aproceeding for an offence, whether the offence is alleged to havebeen committed before or after the commencement of that section.
30 A person is eligible for appointment as amagistrate undersection 7 if the person was, immediately before thecommencement ofsection 4(2)of theCourts Legislation (JudicialAppointments) Act 2004, eligible for appointment undersection 7(3)(b) asthen in force.
31 The amendments made to this Act by sections 3and 4 of theMagistrates' Court (Increased Civil Jurisdiction) Act 2004applyonly with respect toproceedings commenced on or after the commencement ofthat Act.
31A The amendment made to this Act by section 11of theSentencing (Further Amendment) Act 2005applies to aproceeding for anoffence commenced on or after the commencement of that section, regardless ofwhen the offence is alleged to have been committed.
32 The substitution of section 9 of this Act madeby section 11 of theCourts Legislation (Judicial Appointments and OtherAmendments) Act 2005does not affect an appointment made under section 9 as inforce immediately before the commencement of section 11 of that Act and amagistrate who has been so appointed and who holds the office of actingmagistrate immediately before that commencement continues in that officesubject to section 9 as if section 9 had not been substituted.
33 The substitution of clause 11 in Part 2 ofSchedule 1 to this Act made by section 12 of theCourts Legislation (JudicialAppointments and Other Amendments) Act 2005does not affect the remunerationof an acting magistrate applicable immediately before the commencement ofsection 12of that Act and an actingmagistrate who receives remunerationunder clause 11 immediately before that commencement continues to receiveremuneration during the period of his or her appointment as if clause 11 hadnot been substituted.
34 (1) Subject to subclauses (2) and (3), the amendments ofsection 140of this Act made by section 8 of theMagistrates' Court (Judicial Registrarsand Court Rules) Act 2005do not affect the operation of any regulations madeunder that section of this Act.
(2) If, but for subclause (1), a provision of theregulations made undersection 140 would cease to have effect because of therepeal of the power conferred by that section to make the provision, theprovision continues in operation until it is revoked or the first anniversaryof the commencement ofsection 8 of theMagistrates' Court (JudicialRegistrars and Court Rules) Act 2005(whichever first occurs).
(3) A provision of the regulations made undersection 140 is of no force or effect to the extent that it deals with amatter dealt with by a rule made undersection 16(1A).
(4) Despite the amendments ofsection 140 of thisAct made by section 8 of theMagistrates' Court (Judicial Registrars and CourtRules) Act 2005and without limiting any other power to make regulationsconferred by this Act, the Governor in Council may, until the firstanniversary of the commencement of section 8 of theMagistrates' Court(Judicial Registrars and Court Rules) Act 2005, make regulations under thatsection revoking any provision of the regulations made under a power conferredby that section that is repealed by those amendments.
35 Savingsprovisions—instalment arrangements and payment plans
(1) Despite the amendment of Schedule 7 bysection 28 of theInvestigative, Enforcement and Police Powers Acts(Amendment) Act 2005—
(a) any instalment arrangement of akind referred to in clause 3(2A) of Schedule 7 in force immediately before thecommencement of section 28 of that Act continues to have effect and may beenforced in accordance with Schedule 7 as in force immediately before thatcommencement as if those amendments had not been made; and
(b) any certificate under clause4(2) of Schedule 7 provided to aregistrar under clause 4(1) of thatSchedule which certifies as to a matter referred to in clause 4(2)(da) as in force immediately before the commencement of section 28 of thatAct—
(i) continuesto have effect as if those amendments had not been made; and
(ii) is a validcertificate for the purposes of enforcement under Schedule 7 of theinfringement penalty and anyprescribed costs to which that certificaterelates; and
(c) clause 3A of Schedule 7 as inforce immediately before the commencement of section 28 of that Act continuesto have effect in respect of any instalment arrangement to which that clauseapplied immediately before that commencement as if clause 3A had not beenamended by that Act.
(2) Nothing in this clause prevents an instalmentarrangement of a kind referred to in clause 3(2A) of Schedule 7 in forceimmediately before the commencement of section 28 of theInvestigative,Enforcement and Police Powers Acts (Amendment) Act 2005being cancelled orrevoked and a payment plan under Part 5 of Schedule 7 being offeredand accepted in respect of any infringement penalty andprescribed costs towhich that instalment arrangement applied.
35A An amendment made to this Act by a provisionof section 40 or 41 of theCrimes (Sexual Offences) Act 2006applies only to a criminalproceeding commenced on or after the commencementof that provision.
36 Validation of service of certaindocuments under Schedule 7
(1) Despite anything to the contrary in section49(1) of theInterpretation of Legislation Act 1984, if under or for thepurposes of Part 2 of Schedule 7 to this Act as in force immediately beforeits repeal by section 176(2) of theInfringements Act 2006, any documenthad been served on a person by post to an authorised address and that documenthad been returned undelivered to its sender, that document—
(a) must be taken to have beenvalidly served on the day that is 14 days after the date specified inthe document as the date of that document, despite it being returned to itssender as undelivered; and
(b) any enforcement action takenunder that Schedule must be taken to be a valid action under that Schedule.
(2) For the purposes of this section, "authorisedaddress" means—
(a) an address recorded in relationto a person in a register kept by a public statutory body (including,in relation to a director, alternate director orsecretary of a company withinthe meaning of the Corporations Act, the Australian Securities andInvestments Commission) if by law that person or another person isrequired to notify that public statutory body of any change in that address;
(b) in relation to any document inrespect of a transport infringement within the meaning of theTransport Act 1983or a ticket infringement within the meaning of that Act, anaddress provided by a person to an authorised officer or police member undersection 218B of that Act after that officer or that member has requested theperson to state his or her name and address because the officer or memberbelieves on reasonable grounds that the person has committed a transportinfringement or a ticket infringement, as the case requires.
37 (1) The amendments made to this Act by sections 15, 19, 20, 22,25 to 28 and 31 to 34 of the Courts Legislation (Jurisdiction) Act 2006 applywith respect to aproceeding for an offence, irrespective of when the offenceis alleged to have been committed or when theproceeding commenced.
(2) An amendment made to this Act by a provisionof section 16, 17, 18, 21(1), 23, 24, 29 or 30 of theCourts Legislation(Jurisdiction) Act 2006apply only with respect toproceedings commenced on orafter the commencement of that provision.
(3) The amendment made to this Act by section21(2) of theCourts Legislation (Jurisdiction) Act 2006applies only tothe sentencing of a person for an offence on or after the commencement of thatsection, irrespective of when the offence was committed or the finding ofguilt was made.
38 A notice by the Minister published in theGovernment Gazette undersection 4B or 4C of this Act before the commencementof section 4 of theMagistrates' Court and Coroners Acts Amendment Act 2007and in force immediately before that commencement is not affected by thesubstitution for those sections of a newsection 4B effected by thatsection 4and the notice continues to have effect as if it were a notice published underthe newsection 4B(1)(b).
39 Section 50A as inserted bysection 5 of theCriminal Procedure Legislation Amendment Act 2008applies with respect to aproceeding for an offence, irrespective of when the offence was committed ortheproceeding commenced.
40 Clause 3A of Schedule 2 as inserted bysection 15 of theCriminal Procedure Legislation Amendment Act 2008applies to a contest mention hearing conducted on or after the commencement ofsection 15 of that Act.
41 The amendment of this Act by section 16 of theCriminal Procedure Legislation Amendment Act 2008applies with respect toadefendant committed for trial on or after the commencement of section 16 of that Act.
42 This Act, as in force immediately before thecommencement of theStatute Law Amendment (Evidence Consequential Provisions)Act 2009, continues to apply to a hearing that commenced before the day thatAct commenced and that—
(a) continued on or after that day;or
(b) was adjourned until that day ora day after that day.
43 The amendment of this Act by section 426 of theCriminal Procedure Act 2009applies to a committalproceeding if the relevantcriminalproceeding commenced on or after the commencement of section 426of that Act.
44 (1) Section 118 as amended by section 435(1) of theCriminalProcedure Act 2009applies to an offence alleged to have been committed on orafter the commencement of section 435(1) of that Act.
(2) For the purposes of subclause (1), if anoffence is alleged to have been committed between two dates, one before andone on or after the commencement of section 435(1) of theCriminal Procedure Act 2009, the offence is alleged to have been committedbefore that commencement.
45 Transitionalprovision—Magistrates' Court Amendment (Assessment and Referral CourtList) Act 2010
The amendments made to this Act by section 5 of theMagistrates'Court Amendment (Assessment and Referral Court List) Act 2010apply to anyproceeding, irrespective of when the offence to which theproceeding relateswas committed or when theproceeding commenced, but does not apply to aproceeding in respect of anaccused which was listed before the Court beforethe commencement of that section.
46 Transitionalprovisions—Bail Amendment Act 2010
(1) On the commencement ofsection 29 of theBailAmendment Act 2010, a bail justice holding office immediately before thatcommencement (other than a bail justice referred to in section 121 of thisAct) is deemed to be a bail justice appointed under section 120A of this Actwhose term of office expires—
(a) in the case of a bail justiceappointed before 1 January 1991, 1 year after the commencement ofsection 29 of that Act or on the bail justice attaining the age of70 years, whichever first occurs;
(b) in the case of a bail justiceappointed on or after 1 January 1991 and before 1 January 2000, 2 yearsafter the commencement ofsection 29 of that Act or on the bail justiceattaining the age of 70 years, whichever first occurs;
(c) in the case of a bail justiceappointed on or after 1 January 2000 and before the commencement ofsection 29of that Act, 3 years after the commencement of section 29 of thatAct or on the bail justice attaining the age of 70 years, whichever firstoccurs.
(2) On the commencement ofsection 29 of theBailAmendment Act 2010—
(a) an application for appointmentas a bail justice that has been made but not determined before thatcommencement is to be taken to be an application made under section 120B ofthis Act; and
(b) the applicant's completionbefore that commencement of the whole or part of a course of training that issubsequentlyprescribed for the purposes of section 120A(2)(e) may berelied on
for the purposes of the application.
(3) Section 121 as amended by section 30 of theBail Amendment Act 2010applies to a person who commences to hold aprescribedoffice within the meaning of section 121 on or after the commencement ofsection 30 of that Act.
(4) Section 122 as in force immediately before thecommencement of section 31 of theBail Amendment Act 2010continues to applyto any proceeding under section 122 existing immediately before thecommencement of section 31 of that Act.
47 Transitionalprovisions—Justice Legislation Amendment Act 2012
This Act as amended by section 7 of theJustice Legislation Amendment Act 2012applies to anyproceeding in theAssessment and Referral Court List,irrespective of whether the offence to which theproceeding relates wasalleged to have been committed before, on or after the commencement of thatsection.
48 Transitionalprovisions—Courts and Sentencing Legislation Amendment Act 2012
This Act as amended by sections 22 and 23 of theCourts and SentencingLegislation Amendment Act 2012applies to aproceeding for an offence or acontravention ofsentence (including any offence constituted by such acontravention) irrespective of whether the offence or contravention is allegedto have been committed, or thesentence was imposed, before or on or after thecommencement of those sections.
49 Transitionalprovision—Criminal Procedure Amendment Act 2012
Section 78(5) as amended by section 38 of theCriminal Procedure Amendment Act2012applies to a search warrant issued on or after the commencement ofsection 38 of that Act.
50 Courts Legislation Amendment(Reserve Judicial Officers) Act 2013
(1) On and from the commencement ofsection 34 of theCourts Legislation Amendment(Reserve Judicial Officers) Act 2013, a person who held the office ofactingmagistrate under section 9 as in force immediately before itsrepeal who is not eligible to be areservemagistrate undersection 9A,but is eligible to be amagistrate under section 7, is taken to hold theoffice ofmagistrate as if he or she had been appointedas a magistrate undersection 7 on the commencement ofsection 34 of theCourts Legislation Amendment (Reserve JudicialOfficers) Act 2013.
(2) On and from the commencement ofsection 34 of theCourts Legislation Amendment(Reserve Judicial Officers) Act 2013, a person other than a personreferred to in subsection (1) who held the office of actingmagistrate undersection 9 as in force immediately before its repeal is taken to hold theoffice ofreserve magistrate as if he or she had been appointed as areserve magistrate undersection 9A.
(3) If a person referred to in subclause (2) wasrequired to undertake the duties of amagistrate under section 9(4) as inforce immediately before its repeal on a full time or sessional basis, onand from the commencement of section 34 of theCourts LegislationAmendment (Reserve Judicial Officers) Act 2013, that requirementcontinues until its expiry as if it were an engagement undersection 9C.
(4) If, immediately before the commencement ofsection 34 of theCourts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person referred to in subclause (1) or (2) was assignedunder section 93 of theCoroners Act 2008to be a coroner for the CoronersCourt, that assignment continues until that person ceases to hold the officeofmagistrate orreserve magistrate or the assignment is revoked under thatAct.
(5) If, immediately before the commencement ofsection 34 of theCourts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person referred to in subclause (1) or (2) was assignedunder section 507 of theChildren, Youth and Families Act 2005to
be amagistrate for the Children's Court, that assignment continues until thatperson ceases to hold the office ofmagistrate orreserve magistrate or theassignment is revoked under that Act.
(6) Unless inconsistent with the context or thesubject matter, on and from the commencement of section 34 oftheCourts Legislation Amendment (Reserve Judicial Officers) Act 2013,a reference in any Act (other than this Act or theCourts LegislationAmendment (Reserve Judicial Officers) Act 2013),subordinate instrument orany other document to an actingmagistrate, being an actingmagistrateappointed under section 9 as in force immediately before its repeal, is to beconstrued as a reference to areserve magistrate so far as the referencerelates to any period on or after that commencement.
* * * * *
51A Transitionalprovision—Courts Legislation Amendment (Judicial Officers) Act 2013
Areserve magistrate currently engaged by the Attorney-General undersection 9C as in force immediately before the amendment of thatsection by theCourts Legislation Amendment (Judicial Officers) Act2013is taken to have been engaged by the ChiefMagistrate undersection 9C asamended by that Act and his or her engagement continues and has effectaccordingly.
51B Transitionalprovision—Courts Legislation Amendment (Judicial Officers) Act2013—part-timemagistrates
Amagistrate who was a part-timemagistrate as defined insection 3(1)immediately before the repeal of that definition by theCourts LegislationAmendment (Judicial Officers) Act 2013, on and from that repeal—
(a) continues to hold the office ofmagistrate; and
(b) is taken to be serving under apart-time service arrangement on the same terms as applied to themagistratein his or her capacity as a part-timemagistrate.
52 Savings—Open Courts Act 2013
(1) Despite the repeal of section 126 by theOpen Courts Act 2013, section 126 (as in force immediately before its repeal)continues to apply on and after its repeal in relation to aproceedingcommenced to be heard (but not determined) by the Court before that repeal.
(2) Despite the repeal of section 126 by theOpen Courts Act 2013, anorder made under section 126 (as in forceimmediately before its repeal) and in force at the date of that repeal—
(a) subject to paragraph (b),continues to apply on and after that repeal;
(b) may be set aside or varied inaccordance with section 126 as if that section had not been repealed.
* * * * *
53 Transitional—Courts andOther Justice Legislation Amendment Act 2013
(1) Despite the amendment ofsection 4V by theCourts and Other Justice Legislation Amendment Act 2013,section 4V, as inforce immediately before the commencement ofsection 5 of that Act,continues to apply to aproceeding that is in the Assessment and Referral Listimmediately before that commencement.
(2) Despite the amendment ofsection 4X(2) by theCourts and Other Justice Legislation Amendment Act 2013,section 4X(2), as inforce immediately before the commencement ofsection 6 of that Act,continues to apply to aproceeding that is in the Assessment and Referral Listimmediately before that commencement.
54 Transitional—JusticeLegislation Further Amendment Act 2016
Each person who holds the office ofAboriginalelder or respected personimmediately before the commencement ofsection 3 of theJustice LegislationFurther Amendment Act 2016continues, on and from that commencement, to holdthat office on the same terms and conditions as applied to the personimmediately before that commencement, as if the person had been appointed bythe Chief Executive Officer.
55 Transitional—FamilyViolence Protection Amendment Act 2017
(1) The amendment made tosection 4EA ofthis Act by section 50 of theFamily Violence Protection Amendment Act2017applies, on and after the commencement ofsection 50 of that Act,to the contravention or variation of asentence (including anyoffence constituted by a contravention of asentence)—
(a) irrespective of when the offenceto which thatsentence relates was committed; and
(b) in the case of a contravention,irrespective of when the contravention occurred.
(2) The amendment made tosection 4F of this Actby section 51 of theFamily Violence Protection Amendment Act 2017applies, on and after the commencement of section 51 of that Act, toaproceeding for an offence (other than an offence constituted by acontravention of asentence imposed by it) irrespective of when that offencewas committed.
56 Transitional—JusticeLegislation Amendment (Family Violence Protection and Other Matters)Act 2018—Specialist Family Violence Court Division
On and after the commencement of this clause, any reference in any Act,regulation,subordinate instrument or other document to the Family ViolenceCourt Division is to be construed as a reference to the Specialist FamilyViolence Court Division—
(a) so far as the reference relatesto any period on or after that commencement; and
(b) if not inconsistent with thesubject matter.
57 Transitional and savingsprovisions—Justice Legislation Amendment (Family ViolenceProtection and Other Matters) Act 2018
(1) The amendments tosections 57,58 and59made by theJustice Legislation Amendment (Family Violence Protection andOther Matters) Act 2018do not affect the validity of any warrant issuedin accordance withsection 57 as in force immediately before its amendment orany action taken under such a warrant.
(2) The amendments tosections 16,57,58and 59 made by theJustice Legislation Amendment (Family ViolenceProtection and Other Matters) Act 2018do not affect the validity or operationof any rules of court made under any of those sections as in forceimmediately before those amendments.
58 Validation of certain actions byprotective servicesofficers
(1) The execution by aprotective servicesofficeron or after 28 November 2011 and before 1 July 2014 of a warrant to arrestdirected to generally all members of the police force is as valid as it wouldhave been hadsection 63 authorised the execution of such a warrant at thetime of execution.
(2) The execution by aprotective services officeron or after 1 July 2014 and before the commencement day of a warrant to arrestdirected to generally allpolice officers is as valid as it would have beenhad the amendments tosection 63 made by the amending Act been inoperation at the time of execution.
(3) In this clause—
"amending Act" means thePolice Legislation Amendment (Road Safety CameraCommissioner and Other Matters) Act 2019;
"commencement day" means the day on which Part 4 of the amending Act cameinto operation.
59 Transitional—JusticeLegislation Amendment (Criminal Procedure Disclosure and Other Matters)Act 2022
(1) An appeal from a finalorder of the Court in aproceeding in which the Court was constituted by the ChiefMagistrate who, atthe time theproceeding commenced was a dual commission holder as ajudge ofthe County Court and who, at the time at which the finalorder was made was adual commission holder as aJudge of the Supreme Court, is to be made to theCourt of Appeal.
(2) For the avoidance of doubt, an appeal from afinalorder of the Court in aproceeding in which the Court was constituted bythe ChiefMagistrate who, at the time the finalorder was made was a dualcommission holder as ajudge of the County Court and who, on or after thecommencement day is a dual commission holder as aJudge of the Supreme Court,is to be made to the Trial Division of the Supreme Court.
(3) In this clause, "commencement day" means theday on which Part 3 of theJustice Legislation Amendment (Criminal ProcedureDisclosure and Other Matters) Act 2022comes into operation.
