157Transitional provisions—Enactment of Confiscation Act 1997

157 Transitional provisions—Enactment of Confiscation Act 1997

S. 157(1) amended by No. 43/1998
s. 37.

(1) Subject to subsections (2) and (4), this Act applies with respect to forfeiture offences (other than civil forfeiture offences for the purposes of civil forfeiture) and interstate offences for which a criminal proceeding is commenced, or is to be commenced, after the commencement of Part 2, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

(2) This Act applies with respect to civil forfeiture offences for the purposes of civil forfeiture only if they are alleged to have been committed after the commencement of Part 4.

(3) For the purposes of subsection (2), if an offence is alleged to have been committed between two dates and Part 4 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that Part.

(4) Part 10 applies with respect to forfeiture offences of which a person is convicted after the commencement of that Part, irrespective of when the offence is alleged to have been committed.

S. 157(4A) inserted by No. 80/1998
s. 5(1).

(4A) The Crimes (Confiscation of Profits) Act 1986 continues to apply, despite its repeal, with respect to serious offences and interstate serious offences within the meaning of that Act for which a criminal proceeding was commenced before the commencement of Part 2 of this Act (irrespective of whether any conviction of that offence for the purposes of that Act occurs before or after the commencement of that Part) as if that Act had not been repealed.

S. 157(4B) inserted by No. 80/1998
s. 5(1).

(4B) Without limiting subsection (4A)—

(a) any application, appeal or order may be made, direction given, warrant issued or other thing done under the Crimes (Confiscation of Profits) Act 1986 that could have been made, given, issued or done under that Act had it not been repealed; and

(b) anything made, given, issued or done under that Act after its repeal by virtue of this section has the like effect as it would have had if that Act had not been repealed.

(5) The repeal by this Act of a provision of the Crimes (Confiscation of Profits) Act 1986 does not affect any application made to a court under that provision before its repeal and that application may continue to be dealt with and determined, or may be withdrawn, as if this Act had not been passed.

(6) The repeal by this Act of a provision of the Crimes (Confiscation of Profits) Act 1986 does not affect any order made by a court (or any order that by force of that Act is to be taken to be an order made by a court) under that provision before its repeal, or after its repeal on an application to which subsection (5) applies, and that order continues to have effect and may be varied, discharged, set aside or appealed against under that Act as if this Act had not been passed.