S. 585(1) amended by No. 81/1997 s. 29(2) (ILA s. 39B(1)).
(1) It is the intention of section 361 as amended by the Police and Corrections (Amendment) Act 1997 and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to alter or vary section 85 of the Constitution Act 1975.
S. 585(2) inserted by No. 81/1997
s. 29(2).
(2) It is the intention of section 464ZH, as amended by section 29(1) of the Crimes (Amendment) Act 1997, to alter or vary section 85 of the Constitution Act 1975.
S. 585AAA inserted by No. 28/2016 s. 13.
585AAA Regulations
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time, place or circumstances.
(1) Section 3(1) of the Crimes (Theft) Act 1973 continues in effect despite its repeal.
Section 3(1) of the Crimes (Theft) Act 1973 abolished the common law offences of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour of office or franchise, false accounting by public officers, concealment of treasure trove, and except in regard to offences relating to public revenue, cheating, for all purposes not related to offences committed before the commencement of the 1973 Act.
(2) Except as regards offences committed before the commencement of the Crimes (Theft) Act 1973 and except insofar as the context otherwise requires—
(a) references in any enactment passed before the commencement of the Crimes (Theft) Act 1973 to an offence abolished by that 1973 Act shall, subject to any express amendment or repeal made by that 1973 Act, have effect as references to the corresponding offence under Division 2 of Part I of this Act and in any such enactment the expression "receive" (when it relates to an offence of receiving) shall mean handle, and "receiver" shall be construed accordingly; and
(b) without prejudice to paragraph (a), references in any enactment, whenever passed, to theft or stealing (including references to stolen goods), and references to robbery, blackmail, burglary, aggravated burglary or handling stolen goods shall be construed in accordance with the provisions of Division 2 of Part I of this Act.
(3) Division 2 of Part I of this Act as re-enacted by the Crimes (Theft) Act 1973, shall, save as otherwise provided by that 1973 Act, have effect only in relation to offences wholly or partly committed on or after the commencement of that 1973 Act.
(4) The re-enactment by this section of sections 3(2) and 4 of the Crimes (Theft) Act 1973 does not affect the operation of any Act enacted after that 1973 Act.
(1) The provisions of this Act as in force immediately before the commencement of the Crimes (Criminal Damage) Act 1978 shall apply to and with respect to offences against this Act as so in force committed or alleged to have been committed before the commencement of that 1978 Act.
(2) The provisions of this Act as amended by the Crimes (Criminal Damage) Act 1978 shall apply to and with respect to offences against this Act as so amended committed or alleged to have been committed on or after the commencement of that 1978 Act.
(3) Section 3 of the Crimes (Criminal Damage) Act 1978 continues in effect despite its repeal.
Section 3 of the Crimes (Criminal Damage) Act 1978 abolished the common law offence of arson for all purposes not related to offences committed before the commencement of that 1978 Act.
(4) The re-enactment by this section of section 1(4) and (5) of the Crimes (Criminal Damage) Act 1978 does not affect the operation of any Act enacted after that 1978 Act.
S. 585AC
585AC Transitional provisions—(Crimes (Classification of Offences) Act 1981)
(1) Notwithstanding section 3A(1) of this Act as amended by the Crimes (Classification of Offences) Act 1981, the provisions of that subsection shall apply only in relation to acts of violence occurring after the commencement of the Crimes (Classification of Offences) Act 1981.
(2) Notwithstanding sections 3A(2) and 322D of this Act as amended by the Crimes (Classification of Offences) Act 1981, the felony-murder rule referred to in section 3A(2) shall continue to have full force and effect in relation to acts of violence which occurred before the commencement of the Crimes (Classification of Offences) Act 1981.
(3) Section 9 of the Crimes (Classification of Offences) Act 1981 continues in effect despite its repeal.
Section 9 of the Crimes (Classification of Offences) Act 1981 abolished any power to bring proceedings for an indictable offence by criminal information in the Supreme Court or in the County Court.
(4) The re-enactment by this section of section 3(2) and (3) of the Crimes (Classification of Offences) Act 1981 does not affect the operation of any Act enacted after that 1981 Act.
S. 585AD
585AD Transitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)
(1) The abolition of the offence of conspiracy at common law effected by section 321F of this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall not affect—
(a) any proceedings commenced before the commencement of the Crimes (Conspiracy and Incitement) Act 1984; or
(b) any proceedings commenced after the commencement of the Crimes (Conspiracy and Incitement) Act 1984 in respect of an agreement which is alleged to have been made at a time prior to the commencement of that 1984 Act.
(2) The abolition of the offence of incitement at common law effected by section 321L of this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall not affect—
(a) any proceedings commenced before the commencement of the Crimes (Conspiracy and Incitement) Act 1984; or
(b) any proceedings commenced after the commencement of the Crimes (Conspiracy and Incitement) Act 1984 in respect of an offence of incitement alleged to have been committed at a time prior to the commencement of that 1984 Act.
(3) Subject to subsections (1) and (2), this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall apply to acts done before as well as to acts done after the commencement of that 1984 Act.
(4) The re-enactment by this section of sections 4, 5 and 6 of the Crimes (Conspiracy and Incitement) Act 1984 does not affect the operation of any Act enacted after that 1984 Act.
S. 585AE
585AE Transitional provisions—(Crimes (Custody and Investigation) Act 1988)
(1) This Act as amended by sections 4 and 5 of the Crimes (Custody and Investigation) Act 1988 applies to—
(a) persons taken into custody; or
(b) persons questioned; or
(c) persons in respect of whom an application is made under section 464B(1) to a court—
in a proclaimed region after the commencement of the Crimes (Custody and Investigation) Act 1988.
The whole of Victoria was proclaimed to be a proclaimed region on the same day that the Crimes (Custody and Investigation) Act 1988 commenced.
(2) The re-enactment by this section of section 6(2) of the Crimes (Custody and Investigation) Act 1988 does not affect the operation of any Act enacted after that 1988 Act.
(1) This Act as amended by a section of the Crimes (Fingerprinting) Act 1988 or section 11, 12, 13 or 14 of the Crimes Legislation (Miscellaneous Amendments) Act 1989 applies only with respect to fingerprints taken after the commencement of section 9 of the Crimes (Fingerprinting) Act 1988.
(2) The re-enactment by this section of section 9 of the Crimes (Fingerprinting) Act 1988 does not affect the operation of any Act enacted after that 1988 Act.
S. 585A inserted by No. 10/2005 s. 4(Sch. 2 item 1).