QLDIn ForceAct
Bail Act 1980
sec.39Provision concerning references to s 28A(1)(a)
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### sec.39 Provision concerning references to s 28A(1)(a)
It is declared that, during the relevant period, the Acts Interpretation Act 1954 , section 14H applied so that the reference to section 28A(1)(a) in sections 28B and 33 included a reference to section 28A(1)(b), (c) and (e).
Without limiting subsection (1), if a defendant was apprehended during the relevant period under an affected warrant, subsections (3) and (4) apply.
Section 28B is taken to have applied in relation to the affected warrant as if the reference in section 28B to a warrant issued under section 28A(1)(a) included a reference to the affected warrant.
If the defendant was convicted of an offence against section 33, section 33 is taken to have applied, in relation to the defendant and the proceedings for the offence against section 33, as if the references in section 33 to a warrant issued under section 28A(1)(a) included a reference to the affected warrant.
In this section—
affected warrant means a warrant issued before the commencement date under old section 28A(1)(a)(ii), (iii) or (iv) or during the relevant period under section 28A(1)(b), (c) or (e).
commencement date means the date the Criminal Law Amendment Act 2002 , the schedule, amendments of the Bail Act 1980 commenced.
old , in relation to a provision, means the provision as in force from time to time before the commencement date.
relevant period means the period beginning on the commencement date and ending immediately before the commencement of this section.
s 39 ins 2003 No. 3 s 2E
(sec.39-ssec.1) It is declared that, during the relevant period, the Acts Interpretation Act 1954 , section 14H applied so that the reference to section 28A(1)(a) in sections 28B and 33 included a reference to section 28A(1)(b), (c) and (e).
(sec.39-ssec.2) Without limiting subsection (1), if a defendant was apprehended during the relevant period under an affected warrant, subsections (3) and (4) apply.
(sec.39-ssec.3) Section 28B is taken to have applied in relation to the affected warrant as if the reference in section 28B to a warrant issued under section 28A(1)(a) included a reference to the affected warrant.
(sec.39-ssec.4) If the defendant was convicted of an offence against section 33, section 33 is taken to have applied, in relation to the defendant and the proceedings for the offence against section 33, as if the references in section 33 to a warrant issued under section 28A(1)(a) included a reference to the affected warrant.
(sec.39-ssec.5) In this section— affected warrant means a warrant issued before the commencement date under old section 28A(1)(a)(ii), (iii) or (iv) or during the relevant period under section 28A(1)(b), (c) or (e). commencement date means the date the Criminal Law Amendment Act 2002 , the schedule, amendments of the Bail Act 1980 commenced. old , in relation to a provision, means the provision as in force from time to time before the commencement date. relevant period means the period beginning on the commencement date and ending immediately before the commencement of this section.