34Transitional provisions

34 Transitional provisions (1) The amendment of section 4(2)(aa) made by section 48 of the **Sentencing and other Acts (Amendment) Act 1997** applies only with respect to a charge for an offence filed after the commencement of that section of that Act. S. 34(2) inserted by No. 84/1997 s. 10. (2) This Act as amended by Part 2 of the **Law and Justice Legislation (Further Amendment) Act 1997** applies only with respect to a charge for an offence filed on or after 1 January 1998. S. 34(3) inserted by No. 64/1998 s. 6. (3) The amendment of section 4(2)(aa) made by section 5 of the **Bail (Amendment) Act 1998** applies only with respect to a charge for an offence filed on or after 1 January 1999. S. 34(4) inserted by No. 61/2001 s. 13(3). (4) The amendments of section 4 made by the **Drugs, Poisons and Controlled Substances (Amendment) Act 2001** apply only with respect to a charge for an offence filed on or after the commencement of that Act. S. 34(5) inserted by No. 10/2003 s. 11. (5) The amendment of section 4(4) made by section 10 of the **Crimes (Property Damage and Computer Offences) Act 2003** applies only with respect to a charge for an offence filed on or after the commencement of that Act. S. 34(6) inserted by No. 70/2010 s. 26. (6) Subject to subsection (7), this Act as amended by a provision of Part 2 of the **Bail Amendment Act 2010** applies only with respect to an application made, or an appeal commenced, or an admission to bail made, under this Act on or after the commencement of that provision of that Act. S. 34(7) inserted by No. 70/2010 s. 26. (7) Section 3A as inserted by section 5 of the **Bail Amendment Act 2010** applies to a determination made under this Act on or after the commencement of section 5 of that Act, including the determination of a charge for an offence against section 30, irrespective of when the charge-sheet was filed. S. 34(8) inserted by No. 44/2013 s. 10. (8) Section 18(4) applies in respect of any application made on or after the commencement of section 5 of the **Bail Amendment Act 2013**. S. 34(9) inserted by No. 44/2013 s. 10. (9) Section 18AK applies in respect of any application made on or after the commencement of section 7 of the **Bail Amendment Act 2013**. S. 34(10) inserted by No. 44/2013 s. 10. (10) Section 30A applies in respect of an offence alleged to have been committed on or after the commencement of section 8 of the **Bail Amendment Act 2013**. S. 34(11) inserted by No. 44/2013 s. 10. (11) Section 30B applies in respect of an offence alleged to have been committed on or after the commencement of section 8 of the **Bail Amendment Act 2013**. S. 34(12) inserted by No. 44/2013 s. 10. (12) For the purposes of subsections (10) and (11), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 8 of the **Bail Amendment Act 2013**, the offence is alleged to have been committed before that commencement. S. 34(13) inserted by No. 52/2015 s. 41. (13) The amendments made to this Act by section 40 of the **Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015** apply only to a proceeding with respect to bail that commences on or after the commencement of that section. S. 34(14) inserted by No. 1/2016 s. 17. (14) The amendments made to this Act by Division 1 of Part 2 of the **Bail Amendment Act 2016** apply to an application made, or an appeal commenced, under this Act on or after the commencement of Division 1 of Part 2 of that Act. S. 34(15) inserted by No. 1/2016 s. 17. (15) The amendment made to section 4 of this Act by section 7 of the **Bail Amendment Act 2016** applies to an application made, or an appeal commenced, under this Act on or after the commencement of section 7 of that Act. S. 34(16) inserted by No. 1/2016 s. 17. (16) Section 5AA as inserted by section 11 of the **Bail Amendment Act 2016** applies to the first hearing following the grant of bail at which the child is present that occurs on or after the commencement of section 11 of that Act, regardless of when the bail was granted. S. 34(17) inserted by No. 1/2016 s. 17. (17) The amendments made to section 30A of this Act by section 16 of the **Bail Amendment Act 2016** apply on and after the commencement of section 16 of that Act, regardless of when the offence is alleged to have been committed. S. 34(18) inserted by No. 26/2017 s. 12. (18) An amendment made to this Act by a provision of Part 2 of the **Bail Amendment (Stage One) Act 2017** applies to an application made, or an appeal commenced, under this Act on or after the commencement of that provision, regardless of when the offence is alleged to have been committed. S. 34(19) inserted by No. 3/2018 s. 22. (19) An amendment made to this Act by a provision of Part 2 of the **Bail Amendment (Stage Two) Act 2018** applies to an application made, or an appeal commenced, under this Act on or after the commencement of that provision, regardless of when the offence is alleged to have been committed. S. 34(20) inserted by No. 32/2018 s. 99. (20) An amendment made to this Act by a provision of Part 3 of the **Justice Legislation Amendment (Terrorism) Act 2018** applies to an application made, or an appeal commenced, under this Act on or after the commencement of that provision, regardless of when the offence is alleged to have been committed. S. 34(21) inserted by No. 11/2021 s. 29. (21) Any amendment made to this Act by Part 3 of the **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021** applies to any hearing under this Act or any application made under this Act on or after the commencement of the applicable provision of that Part, regardless of— (a) when the charge sheet was filed; or (b) when the offence is alleged to have been committed. S. 34(22) inserted by No. 28/2023 s. 119. (22) An amendment made to this Act by a provision of the **Bail Amendment Act 2023** applies to an application made, or an appeal commenced, under this Act on or after the commencement of that provision, regardless of when the offence is alleged to have been committed. S. 34(23) inserted by No. 28/2023 s. 119. (23) On and after the commencement of Division 1 of Part 5 of the **Bail Amendment Act 2023**— (a) for each person who, immediately before that commencement, was a surety under this Act as then in force— (i) the person is taken to be a bail guarantor; and (ii) the undertaking constituting the surety is taken to be a bail guarantee; and (iii) the amount of the surety is taken to be the amount of the bail guarantee; and (b) unless the contrary intention appears, a reference, however described, to a surety in relation to bail— (i) in any Act (other than this Act); or (ii) in any subordinate instrument; or (iii) in any other document— is taken, so far as the document relates to any period after that commencement, to be a reference to a bail guarantor, a bail guarantee, or the amount of a bail guarantee, whichever the context requires. S. 34(24) inserted by No. 32/2024 s. 904. (24) An amendment made to this Act by a provision of Chapter 22 of the **Youth Justice Act 2024** applies to an application made, or an appeal commenced, under this Act on or after the commencement of that provision, regardless of when the offence is alleged to have been committed. S. 34(24A) inserted by No. 32/2024 s. 904. (24A) Section 30A applies in respect of an offence alleged to have been committed on or after the commencement of section 903C of the **Youth Justice Act 2024**. S. 34(24B) inserted by No. 8/2025 s. 10. (24B) An amendment made to this Act by the **Bail Amendment Act 2025** (other than by section 8 of that Act) applies to an application made, or an appeal commenced, under this Act on or after the commencement of that amendment, regardless of when the offence is alleged to have been committed. S. 34(24C) inserted by No. 8/2025 s. 10. (24C) Section 30B applies in respect of an offence alleged to have been committed on or after the commencement of section 8 of the **Bail Amendment Act 2025**. S. 34(24D) inserted by No. 34/2025 s. 20. (24D) An amendment made to this Act by the **Bail Further Amendment Act 2025** applies to an application made, or an appeal commenced, under this Act on or after the commencement of that amendment, regardless of when the offence is alleged to have been committed. S. 34(24E) inserted by No. 34/2025 s. 20. (24E) An amendment made to this Act by a provision of Division 3 of Part 2 of the **Bail Further Amendment Act 2025**— (a) does not affect any electronic monitoring condition imposed before the commencement of that provision; and (b) does not limit any power to vary such a condition; and (c) does not affect any bail undertaking given before that commencement in respect of which an electronic monitoring condition was imposed; and (d) does not affect any power to extend bail granted on the giving of such an undertaking. Pt 6 (Heading and ss 34A−34D) inserted by No. 11/2020 s. 24, amended by No. 27/2020 s. 19, repealed by No. 9008/1977 s. 34D (as amended by No. 27/2020 s. 19). Sch. amended by No. 9059 s. 2(1)(Sch. items 1–5), repealed by No. 9863 s. 2. Sch. 1 (Heading) amended by No. 32/2018 s. 97(1). Sch. 1 inserted by No. 26/2017 s. 13.