640Transitional provision—Justice Legislation Amendment (Miscellaneous) Act 2025

640 Transitional provision—Justice Legislation Amendment (Miscellaneous) Act 2025

(1) Section 180 as substituted by Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025 is taken to have been in force, instead of section 180 as in force before the commencement of that Part, during the period—

(a) beginning on and including 1 April 1959; and

(b) ending immediately before the commencement of that Part.

(2) Without limiting subsection (1), that subsection applies for the purposes of any offence relating to section 180 during the period specified in that subsection, including the following offences—

(a) an offence against section 181 in respect of—

(i) the doing of an act or thing in contravention of section 180; or

(ii) the doing of an act or thing outside Victoria or partially outside Victoria which, if done within Victoria, would contravene section 180;

(b) an offence against section 182 in respect of the doing or attempting of an act or thing without authority which, if authorised, would contravene section 180;

(c) an offence against section 321(1) in circumstances where the offence that is the subject of the agreement is an offence against section 180;

(d) an offence against section 321M that is constituted by an attempt to commit an offence against section 180.

(3) Despite subsection (1), conduct that was engaged in before the commencement of Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025 does not contravene section 180 as substituted by that Part if the conduct was given assent pursuant to section 180 as in force before the commencement of that Part.

(4) Despite subsection (1), if a person was found guilty of an offence specified in subsection (5) before the commencement of Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025, subsection (1) does not affect that finding of guilt or anything arising from that finding of guilt.

(5) The offences specified for the purposes of subsection (4) are—

(a) an offence against section 180 as in force before the commencement of Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025; and

(b) an offence that relates to an offence against section 180 as in force before the commencement of Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025.

S. 640A inserted by No. 52/2025 s. 5.