VICIn ForceAct
Criminal Procedure Act 2009
25An employee of the Australian Postal Corporation who is appointed by the Corporation to act as a Corporate Investigator.
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25 An employee of the Australian Postal Corporation who is appointed by the Corporation to act as a Corporate Investigator.
Sch. 3 item 26 substituted by No. 68/2009 s. 57(i), repealed by No. 27/2016 s. 45(b).
27 An officer at Australian Public Service level 5 or higher who is an Investigator or Investigation Manager in the Insolvency and Trustee Service Australia.
Sch. 3 item 28 repealed by No. 48/2012 s. 30(1).
Sch. 3 item 29 amended by No. 6/2010 s. 203(1)
(Sch. 6 item 11) (as amended by No. 45/2010 s. 22).
29 A transport safety officer within the meaning of the **Transport (Compliance and Miscellaneous) Act 1983**.
Sch. 3 item 30 amended by No. 48/2012 s. 30(2).
30 Any person, or a member of a class of persons, prescribed by the rules of court.
Sch. 3 item 31 inserted by No. 48/2012 s. 30(3), substituted by No. 6/2018 s. 68(Sch. 2 item 38.7).
31 An authorised affidavit taker within the meaning of the **Oaths and Affirmations Act 2018**.
Sch. 3 item 32 inserted by No. 48/2012 s. 30(3),
substituted by No. 9/2020 s. 390(Sch. 1 item 20.2).
32 The Chief Municipal Inspector appointed under section 182 of the **Local Government Act 2020**.
Sch. 3 item 33 inserted by No. 48/2012 s. 30(3).
33 An authorised officer appointed by a municipal council under section 224 of the **Local Government Act 1989**.
Sch. 3 item 34 inserted by No. 48/2012 s. 30(3).
34 An officer at Australian Public Service level 5 or higher who is a member of the Investigations and Intelligence Branch of the Department of Climate Change and Energy Efficiency of the Commonwealth.
Sch. 3 item 35 inserted by No. 48/2012 s. 30(3), amended by No. 67/2013 s. 649(Sch. 9 item 10).
35 A person authorised under section 608 of the **Workplace Injury Rehabilitation and Compensation Act 2013** to file charge-sheets on behalf of the Victorian WorkCover Authority.
Sch. 3 item 36 inserted by No. 48/2012 s. 30(3), amended by Nos 49/2019 s. 186(Sch. 4 item 9.1(a)), 25/2025 s. 106(Sch. 1 item 9).
36 An employee in the Department of Transport and Planning authorised under section 77(2)(c) of the **Road Safety Act 1986** to prosecute any offence against that Act or the regulations made under that Act.
Sch. 3 item 37 inserted by No. 48/2012 s. 30(3), amended by Nos 49/2019 s. 186(Sch. 4 item 9.1(b)), 25/2025 s. 106(Sch. 1 item 9).
37 An employee in the Department of Transport and Planning authorised under section 112 of the **Road Safety Act 1986**.
Sch. 3 item 38 inserted by No. 48/2012 s. 30(3).
38 A person authorised by or under section 229 of the **Transport (Compliance and Miscellaneous) Act 1983** to bring a proceeding for an offence against that Act or the regulations made under that Act.
Sch. 3 item 39 inserted by No. 20/2015 s. 42.
39 A person authorised under section 31(1) of the **Heavy Vehicle National Law Application Act 2013** to commence a proceeding for an offence against the Heavy Vehicle National Law (Victoria).
Sch. 3 item 40 inserted by No. 26/2023 s. 63.
40 An authorised officer within the meaning of the **Dairy Act 2000**.
Sch. 3 item 41 inserted by No. 26/2023 s. 63.
41 A person, or a member of a class of persons, authorised to be an inspector under section 70 of the **Meat Industry Act 1993**.
Sch. 3 item 42 inserted by No. 5/2025 s. 37(2).
42 An authorised water officer within the meaning of the **Water Act 1989**.
Sch. 4 inserted by No. 68/2009 s. 58.
Schedule 4––Savings and transitional provisions
1 Definitions
In this Schedule—
***commencement day*** means the day on which this Act (other than Chapter 1 and section 437) comes into operation;
***superseded provision*** means a provision of an Act that has been amended or repealed by this Act or the **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009**.
2 General transitional provision
(1) Except where the contrary intention appears, this Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**.
(2) If a superseded provision of an Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—
(a) any other provisions of that Act necessary to give effect to that continued provision; and
(b) any regulations or rules of court made under that Act for the purposes of that continued provision.
(3) This Schedule applies despite anything to the contrary in any other provision of this Act.
3 Renumbering
On and from the commencement day, unless the context otherwise requires, in an Act or in an instrument made under an Act or in any other document of any kind, a reference to a provision of this Act that has been renumbered or relocated must be construed as a reference to the provision as renumbered or relocated and in force for the time being.
4 References to superseded provisions
A reference to a superseded provision in any Act (other than this Act or the **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009**) or in any rule, regulation, order, agreement, instrument, deed or other document of any kind must, so far as it relates to any period on or after the commencement day and if not inconsistent with the context or subject matter, be construed as a reference to the relevant provision of this Act.
5 Commencing a criminal proceeding
(1) Chapter 2 applies to a criminal proceeding commenced on or after the commencement day, irrespective of when the offence is alleged to have been committed.
(2) Subject to this Schedule, Part 4 of the **Magistrates' Court Act 1989** as in force immediately before the commencement day continues to apply to a criminal proceeding commenced in the Magistrates' Court before the commencement day as if that Part had not been amended.
6 Summary procedure
(1) Chapter 3 applies to a criminal proceeding commenced on or after the commencement day, irrespective of when the offence is alleged to have been committed.
(2) Subject to this Schedule, Part 4 of the **Magistrates' Court Act 1989** as in force immediately before the commencement day continues to apply to a criminal proceeding commenced in the Magistrates' Court before the commencement day as if that Part had not been amended.
7 Committal proceeding
(1) Chapter 4 applies to a criminal proceeding commenced on or after the commencement day, irrespective of when the offence is alleged to have been committed.
(2) Subject to this Schedule, Part 4 of the **Magistrates' Court Act 1989** as in force immediately before the commencement day continues to apply to a criminal proceeding commenced in the Magistrates' Court before the commencement day as if that Part had not been amended.
(3) Section 145 applies to an accused committed for trial on or after the commencement day.
8 Trial
(1) On and from the commencement day, Chapter 5 applies to a criminal proceeding in which—
(a) the accused is committed for trial; or
(b) a direct indictment is filed against the accused—
on or after the commencement day.
(2) If an accused is committed for trial on or after the commencement day in a criminal proceeding that was commenced before the commencement day, the criminal proceeding is taken to be a criminal proceeding commenced under Chapter 2.
(3) On and from the commencement day—
(a) section 168 applies to a criminal proceeding in which the accused was committed for trial before the commencement day;
(b) sections 216 and 241 apply to an accused committed for trial or against whom a presentment was filed before the commencement day, as if the presentment were an indictment filed under this Act;
Sch. 4 cl. 8(3A) inserted by No. 30/2010 s. 75.
(3A) An indictment may be filed in accordance with Part 5.2 charging an accused with an offence in respect of which that accused, before the commencement day—
(a) was committed for trial; or
(b) was given a notice of trial or a notice of intention to prefer a presentment—
if the indictment charges the same or a related offence against at least one other accused who was not committed for trial for that offence before the commencement day.
Sch. 4 cl. 8(3B) inserted by No. 30/2010 s. 75.
(3B) An indictment may be filed in accordance with Part 5.2 charging an accused with an offence in respect of which that accused, before the commencement day—
(a) was committed for trial; or
(b) was given a notice of trial or a notice of intention to prefer a presentment—
if the indictment charges a related offence in respect of which the accused was not committed for trial before the commencement day.
Sch. 4 cl. 8(3C) inserted by No. 30/2010 s. 75.
(3C) If an indictment is filed under subclause (3A) or (3B)—
(a) Chapter 5 applies to each charge in the indictment; and
(b) the criminal proceeding against each accused is taken to be a criminal proceeding commenced under Chapter 2; and
(c) where presentment of an accused has already been made, a charge in the indictment for the same offence as an offence charged in the presentment or a related offence is taken to be a fresh indictment filed under section 164.
(4) Subject to this clause—
(a) the **Crimes Act 1958**; and
(b) the **Crimes (Criminal Trials) Act 1999**; and
(c) the **Public Prosecutions Act 1994**—
as in force immediately before the commencement day continue to apply to an accused who, before the commencement day—
(d) was committed for trial; or
(e) was given a notice of trial or a notice of intention to prefer a presentment.
9 New trial or further hearing
(1) Subject to subclause (2), on and from the commencement day, if on appeal or a case stated a new trial or further hearing is ordered, this Act applies to the new trial or further hearing, irrespective of when the first trial or hearing was conducted.
(2) Subclause (1) does not apply to a new trial or further hearing that is ordered under Division 4 or 5 of Part 6.3 in a proceeding that commenced before the commencement day.
10 Appeals
(1) Part 6.1 applies to an appeal in relation to a sentence imposed by the Magistrates' Court on or after the commencement day.
(2) Section 567A(1A) of the **Crimes Act 1958** as in force immediately before the commencement day continues to apply to a sentence passed before the commencement day.
(3) Part 6.2 applies to an appeal from a final order of the Magistrates' Court made on or after the commencement day.
(4) Divisions 1, 2 and 3 of Part 6.3 apply to an appeal where the sentence is imposed on or after the commencement day.
(5) Division 4 of Part 6.3 applies to an interlocutory decision made in a proceeding on or after the commencement day, irrespective of when the proceeding commenced.
(6) Division 5 of Part 6.3 (other than section 308) applies to a question of law that arises in a proceeding on or after the commencement day, irrespective of when the proceeding commenced.
(7) Section 308 applies to an acquittal recorded on or after the commencement day, irrespective of when the proceeding commenced.
(8) On and from the commencement day, a finding of guilt or a conviction, decision or determination in a criminal proceeding that has been quashed before the commencement day is taken to have been set aside.
11 Petitions for mercy
(1) Chapter 7 applies to a petition for mercy made on or after the commencement day, irrespective of when the proceeding commenced in relation to which the petition is made.
(2) If a petition for mercy relates to a criminal proceeding in which presentment was made under section 353 of the **Crimes Act 1958** as in force before its repeal, Chapter 7 applies as if a reference to indictment were a reference to presentment.
12 Witnesses
(1) Part 8.2 applies to a hearing in a criminal proceeding if the hearing commences on or after the commencement day.
(2) Sections 37A, 37B, 37C, 37CAA, 37CA, 37D and 37E and Division 3AA of Part II of the **Evidence Act 1958** as in force immediately before the commencement day continue to apply to a hearing in a criminal proceeding if the hearing commenced before the commencement day and—
(a) continued on or after that day; or
(b) was adjourned until that day or a day after that day.
(3) If an application for leave under Rule (2) in section 37A(1) of the **Evidence Act 1958** has been given to the DPP but not determined before the commencement day, on and from the commencement day the application is taken to have been filed and served under section 344 of this Act.
(4) If a transcript of a recording of the evidence-in-chief of a witness for the prosecution has been served under section 37B(3)(a) of the **Evidence Act 1958** before the commencement day, on and from the commencement day the transcript is taken to have been served under section 368 of this Act.
(5) If a special hearing is held under section 41G of the **Evidence Act 1958** before the commencement day and the evidence is presented at trial on or after that day, on and from the commencement day the special hearing is taken to have been conducted under Division 6 of Part 8.2 of this Act.
(6) If, before the commencement day—
(a) an accused has been committed for trial in respect of a charge for an offence under Subdivision (8EAA) of Division 1 of Part I of the **Crimes Act 1958**; or
(b) an accused has been presented for trial on such a charge without the holding of a committal proceeding—
section 371 of this Act does not apply to the holding of a special hearing in relation to the charge on or after the commencement day.
13 Costs
(1) On and from the commencement day, Part 8.4 applies to a proceeding to which this Act applies.
(2) For the purposes of subclause (1), if a proceeding was commenced but not determined before the commencement day, the whole of the proceeding is taken to be a proceeding to which this Act applies.
14 Power to amend when there is a defect or error
On and from the commencement day, section 412 applies to any summons, warrant, plea, judgment or order, irrespective of when the summons, warrant, plea, judgment or order was issued or made.
15 Transfer of charge to court with jurisdiction
On and from the commencement day, section 413 applies to a charge before a court, irrespective of when the charge was filed.
16 Perjury
(1) Section 414 applies to an offence alleged to have been committed on or after the commencement day.
(2) On and from the commencement day, section 415 applies to a direction that a person be tried for perjury, irrespective of when the alleged perjury was committed.
17 Transitional regulations
The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.
Sch. 5 inserted by No. 43/2017 s. 64(4).
Schedule 5—Transitional provisions relating to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
1 Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
(1) The amendments made to this Act by Division 3 of Part 4 of the **Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017** apply tothe hearing of a charge for an offence alleged to have been committed on or after the commencement of that Division.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Division 3 of Part 4 of **Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017**, the offence is alleged to have beencommitted before that commencement.
Endnotes
1 General information
See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
*Minister's second reading speech—*
*Legislative Assembly: 4 December 2008*
*Legislative Council: 5 February 2009*
The long title for the Bill for this Act was "A Bill for an Act to provide for procedures for the initiation and conduct of criminal proceedings and appeals in criminal proceedings, to amend the **Crimes Act 1958**, the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, the **Magistrates' Court Act 1989**, the **Children, Youth and Families Act 2005**, the **Sentencing Act 1991** and the **Appeal Costs Act 1998** and to repeal the **Crimes (Criminal Trials) Act 1999** and for other purposes."
**Constitution Act 1975:**
*Section 85(5) statement:*
*Legislative Assembly: 4 December 2008*
*Legislative Council: 5 February 2009*
*Absolute majorities:*
*Legislative Assembly: 5 February 2009*
*Legislative Council: 26 February 2009*
The **Criminal Procedure Act 2009** was assented to on 10 March 2009 and came into operation as follows:
Chapter 1 (sections 1–4) on 11 March 2009: section 2(1); sections 5–436, 438, 439 on 1 January 2010: Government Gazette 10 December 2009 page 3215; section 437 never proclaimed, repealed by No. 30/2010 section 73.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the **Criminal Procedure Act 2009** by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
**Criminal Procedure Act 2009, No. 7/2009**
| Assent Date: | 10.3.09 |
| Commencement Date: | S. 438 on 1.1.12: s. 438; s. 387P inserted on 3.10.18 by No. 33/2018 s. 116: Special Gazette (No. 456) 2.10.18 p. 1; s. 420ZN inserted on 25.4.20 by No. 11/2020 s. 32: s. 2 (as amended by No. 27/2020 s. 23); new s. 420ZL inserted on 30.3.22 by No. 11/2022 s. 3: s. 2 |
| Note: | S. 420ZN repealed Ch. 9 (ss 420A–420ZN) on 26.4.21; s. 387P(1) repealed s. 387O on 3.10.22; new s. 420ZL repealed new Ch. 9 (ss 420A–420ZL) on 30.3.23 |
| Current State: | This information relates only to the provision/s amending the **Criminal** **Procedure** **Act** **2009** |
**Bus Safety Act 2009, No. 13/2009** (as amended by No. 68/2009)
| Assent Date: | 7.4.09 |
| Commencement Date: | S. 79 on 31.12.10: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the **Criminal** **Procedure** **Act** **2009** |
**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**
| Assent Date: | 24.11.09 |
| Commencement Date: | Ss 3–58 on 25.11.09: s. 2(1) |
**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**
| Assent Date: | 24.11.09 |
| Commencement Date: | S. 54(Sch. Pt 1 item 14), (Sch. Pt 2 item 18) on 1.1.10: s. 2(2) |
**Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009**
| Assent Date: | 15.12.09 |
| Commencement Date: | S. 6 on 16.12.09: s. 2(1) |
**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)
| Assent Date: | 2.3.10 |
| Commencement Date: | S. 203(1)(Sch. 6 item 11) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |
| Current State: | This information relates only to the provision/s amending the **Criminal** **Procedure** **Act** **2009** |
**Justice Legislation Amendment Act 2010, No. 30/2010**
| Assent Date: | 8.6.10 |
| Commencement Date: | S. 77 on 1.1.10: s. 2(2); ss 56–76 on 26.6.10: Government Gazette 24.6.10 p. 1274 |
**Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010**
| Assent Date: | 15.6.10 |
| Commencement Date: | S. 47 on 1.1.11: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the **Criminal** **Procedure** **Act** **2009** |
**Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010**
| Assent Date: | 28.9.10 |
| Commencement Date: | S. 81(Sch. item 5) on 1.11.10: s. 2(2) |
**Marine Safety Act 2010, No. 65/2010**
| Assent Date: | 28.9.10 |
| Commencement Date: | S. 420(Sch. 3 item 4) on 1.7.12: s. 2(2) |
**Bail Amendment Act 2010, No. 70/2010**
| Assent Date: | 19.10.10 |
| Commencement Date: | S. 36 on 1.1.11: s. 2(2) |
**Statute Law Revision Act 2011, No. 29/2011**
| Assent Date: | 21.6.11 |
| Commencement Date: | S. 3(Sch. 1 item 24) on 22.6.11: s. 2(1) |
**Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011** (as amended by No. 43/2012)
| Assent Date: | 22.11.11 |
| Commencement Date: | S. 107(Sch. item 4) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |
**Justice Legislation Further Amendment Act 2011, No. 67/2011**
| Assent Date: | 29.11.11 |
| Commencement Date: | S. 3 on 30.11.11: s. 2 |
**Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011**
| Assent Date: | 21.12.11 |
| Commencement Date: | S. 22(1)−(3) on 21.12.11: s. 2(1); ss 3–19 on 18.3.12: Special Gazette (No. 66) 6.3.12 p. 1 |
**Associations Incorporation Reform Act 2012, No. 20/2012**
| Assent Date: | 1.5.12 |
| Commencement Date: | S. 226(Sch. 5 item 10) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |
**Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012**
| Assent Date: | 29.5.12 |
| Commencement Date: | Ss 73, 74 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 |
**Criminal Procedure Amendment Act 2012, No. 48/2012**
| Assent Date: | 4.9.12 |
| Commencement Date: | Ss 4–9, 11–32 on 5.9.12: s. 2(1); s. 10 on 1.11.12: s. 2(3) |
**Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012, No. 49/2012**
| Assent Date: | 4.9.12 |
| Commencement Date: | Ss 3–5 on 31.1.13: s. 2(2) |
**Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012, No. 74/2012**
| Assent Date: | 4.12.12 |
| Commencement Date: | S. 55 on 1.1.13: s. 2 |
**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**
| Assent Date: | 18.12.12 |
| Commencement Date: | S. 160 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |
**Jury Directions Act 2013, No. 12/2013**
| Assent Date: | 13.3.13 |
| Commencement Date: | Ss 29–32 on 1.7.13: s. 2(2) |
**Rail Safety National Law Application Act 2013, No. 22/2013**
| Assent Date: | 23.4.13 |
| Commencement Date: | S. 80 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 |
**Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013**
| Assent Date: | 4.6.13 |
| Commencement Date: | S. 43 on 5.6.13: s. 2(1); s. 53 on 19.4.14: Special Gazette (No. 122) 15.4.14 p. 2 |
**Road Safety and Sentencing Acts Amendment Act 2013, No. 56/2013**
| Assent Date: | 24.9.13 |
| Commencement Date: | S. 34 on 25.9.13: s. 2(1) |
**Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013**
| Assent Date: | 12.11.13 |
| Commencement Date: | S. 649(Sch. 9 item 10) on 1.7.14: s. 2(1) |
**Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013**
| Assent Date: | 17.12.13 |
| Commencement Date: | S. 17 on 18.12.13: s. 2(1) |
**Legal Profession Uniform Law Application Act 2014, No. 17/2014**
| Assent Date: | 25.3.14 |
| Commencement Date: | S. 160(Sch. 2 item 30) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
**Mental Health Act 2014, No. 26/2014**
| Assent Date: | 8.4.14 |
| Commencement Date: | S. 455(Sch. item 8) on 1.7.14: s. 2(1) |
**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**
| *Assent Date:* | 3.6.14 |
| *Commencement Date:* | S. 10(Sch. item 41) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
**Fines Reform Act 2014, No. 47/2014**
| *Assent Date:* | 1.7.14 |
| *Commencement Date:* | Ss 256–259 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |
**Crime Statistics Act 2014, No. 54/2014**
| *Assent Date:* | 26.8.14 |
| *Commencement Date:* | S. 16 on 1.1.15: Special Gazette (No. 364) 14.10.14 p. 1 |
**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**
| *Assent Date:* | 26.8.14 |
| *Commencement Date:* | Ss 168, 171 on 27.8.14: s. 2(1); ss 108–118 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |
**Powers of Attorney Act 2014, No. 57/2014**
| Assent Date: | 26.8.14 |
| Commencement Date: | S. 150 on 1.9.15: s. 2(2) |
**Privacy and Data Protection Act 2014, No. 60/2014**
| *Assent Date:* | 2.9.14 |
| *Commencement Date:* | S. 140(Sch. 3 item 10) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |
**Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014**
| *Assent Date:* | 21.10.14 |
| *Commencement Date:* | S. 10 on 22.10.14: s. 2(1); ss 11–16 on 1.7.15: s. 2(3) |
**Jury Directions Act 2015, No. 14/2015**
| *Assent Date:* | 12.5.15 |
| *Commencement Date:* | S. 80 on 13.5.15: s. 2(1); s. 69(4)–(6) on 29.6.15: s. 2(4) |
**Justice Legislation Amendment Act 2015, No. 20/2015**
| *Assent Date:* | 16.6.15 |
| *Commencement Date:* | S. 42 on 17.6.15: s. 2(3) |
**Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015**
| *Assent Date:* | 22.9.15 |
| *Commencement Date:* | Ss 12–23 on 1.12.15: s. 2(2) |
**Bail Amendment Act 2016, No. 1/2016**
| Assent Date: | 16.2.16 |
| Commencement Date: | S. 22(2) on 2.5.16: Special Gazette (No. 103) 19.4.16 p. 1 |
**Justice Legislation Further Amendment Act 2016, No. 3/2016**
| Assent Date: | 16.2.16 |
| Commencement Date: | Ss 60–84 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 |
**Confiscation and Other Matters Amendment Act 2016, No. 27/2016**
| Assent Date: | 31.5.16 |
| Commencement Date: | S. 45 on 1.6.16: s. 2(1) |
**Crimes Legislation Amendment Act 2016, No. 28/2016**
| Assent Date: | 31.5.16 |
| Commencement Date: | Ss 9, 10 on 1.6.16: s. 2(1); s. 12 on 6.2.17: s. 2(3) |
**Justice Legislation (Evidence and Other Acts) Amendment Act 2016, No. 38/2016**
| *Assent Date:* | 28.6.16 |
| *Commencement Date:* | S. 9 on 12.9.16: Special Gazette (No. 278) 6.9.16 p. 1 |
**Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016**
| Assent Date: | 6.9.16 |
| Commencement Date: | S. 37 on 1.7.17: s. 2(2) |
**Crimes Amendment (Carjacking and Home Invasion) Act 2016, No. 50/2016**
| Assent Date: | 18.10.16 |
| Commencement Date: | S. 8 on 7.12.16: Special Gazette (No. 375) 6.12.16 p. 1 |
**Crimes Legislation Further Amendment Act 2017, No. 6/2017**
| Assent Date: | 15.3.17 |
| Commencement Date: | Ss 3–9 on 1.4.17: s. 2(2) |
**Heritage Act 2017, No. 7/2017**
| Assent Date: | 15.3.17 |
| Commencement Date: | S. 299 on 1.11.17: s. 2(2) |
**Family Violence Protection Amendment Act 2017, No. 19/2017**
| Assent Date: | 16.5.17 |
| Commencement Date: | Ss 56–58 on 29.3.18: Special Gazette (No. 136) 27.3.18 p. 2 |
**Building Amendment (Enforcement and Other Measures) Act 2017, No. 21/2017**
| Assent Date: | 23.5.17 |
| Commencement Date: | S. 112 on 24.5.17: s. 2(1) |
**Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017**
| Assent Date: | 20.6.17 |
| Commencement Date: | S. 56 on 1.3.18: s. 2(4) |
**Bail Amendment (Stage One) Act 2017, No. 26/2017**
| Assent Date: | 27.6.17 |
| Commencement Date: | S. 22 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1 |
**Jury Directions and Other Acts Amendment Act 2017, No. 37/2017**
| Assent Date: | 29.8.17 |
| Commencement Date: | Ss 11–16 on 1.10.17: s. 2(3) |
**Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017**
| Assent Date: | 29.8.17 |
| Commencement Date: | S. 83 on 30.8.17: s. 2(1) |
**Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017**
| Assent Date: | 26.9.17 |
| Commencement Date: | S. 64(4) on 30.11.17: Special Gazette (No. 406) 28.11.17 p. 1; s. 35 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1; ss 25–27, 36 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1 |
**Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017**
| *Assent Date:* | 8.11.17 |
| *Commencement Date:* | S. 47 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1 |
**Bail Amendment (Stage Two) Act 2018, No. 3/2018**
| *Assent Date:* | 27.2.18 |
| *Commencement Date:* | S. 27 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1 |
**Justice Legislation Amendment (Victims) Act 2018, No. 5/2018**
| Assent Date: | 27.2.18 |
| Commencement Date: | Ss 11–17, 25–31 on 28.2.18: s. 2(1) |
**Oaths and Affirmations Act 2018, No. 6/2018**
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 38) on 1.3.19: s. 2(2) |
**Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018, No. 13/2018**
| Assent Date: | 15.5.18 |
| Commencement Date: | S. 27 on 1.6.18: Special Gazette (No. 248) 29.5.18 p. 1 |
**Serious Offenders Act 2018, No. 27/2018**
| Assent Date: | 26.6.18 |
| Commencement Date: | S. 357 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |
**Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018**
| Assent Date: | 7.8.18 |
| Commencement Date: | S. 132 on 30.11.18: Special Gazette (No. 497) 23.10.18 p. 1 |
**Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018**
| Assent Date: | 14.8.18 |
| Commencement Date: | S. 116 on 3.10.18: Special Gazette (No. 456) 2.10.18 p. 1; s. 38 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1; s. 46 on 1.9.20: s. 2(3) |
**Environment Protection Amendment Act 2018, No. 39/2018** (as amended by No. 11/2020)
| Assent Date: | 28.8.18 |
| Commencement Date: | S. 35 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 |
**Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018**
| Assent Date: | 25.9.18 |
| Commencement Date: | Ss 32–38, 40–42 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1; ss 20–31 on 3.3.19: Special Gazette (No. 480) 16.10.18 p. 1 |
**West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019**
| Assent Date: | 26.3.19 |
| Commencement Date: | S. 91 on 19.2.20: s. 2(3) |
**Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019**
| Assent Date: | 25.6.19 |
| Commencement Date: | S. 258 on 1.7.20: s. 2(4) |
**Mineral Resources (Sustainable Development) Amendment Act 2019, No. 32/2019**
| Assent Date: | 17.9.19 |
| Commencement Date: | S. 53 on 30.6.20: s. 2(3) |
**Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019**
| Assent Date: | 6.11.19 |
| Commencement Date: | S. 117(Sch. 1 item 2) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |
**Justice Legislation Amendment (Criminal Appeals) Act 2019, No. 44/2019**
| Assent Date: | 19.11.19 |
| Commencement Date: | Ss 33−37 on 4.12.19: Special Gazette (No. 496) 3.12.19 p. 1 |
**Transport Legislation Amendment Act 2019, No. 49/2019**
| Assent Date: | 3.12.19 |
| Commencement Date: | S. 186(Sch. 4 item 9) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |
**Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019, No. 50/2019**
| Assent Date: | 3.12.19 |
| Commencement Date: | S. 10 on 1.7.20: s. 2(2) |
**Local Government Act 2020, No. 9/2020**
| Assent Date: | 24.3.20 |
| Commencement Date: | S. 390(Sch. 1 item 20.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 20.2) on 24.10.20: s. 2(3)(f) |
**COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020**
| Assent Date: | 24.4.20 |
| Commencement Date: | Ss 32, 33 on 25.4.20: s. 2 |
**Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020**
| Assent Date: | 10.6.20 |
| Commencement Date: | Ss 17−19 on 1.7.20: s. 2(2) |
**North East Link Act 2020, No. 18/2020**
| Assent Date: | 10.6.20 |
| Commencement Date: | S. 125 on 1.3.21: s. 2(2) |
**Wage Theft Act 2020, No. 21/2020**
| Assent Date: | 23.6.20 |
| Commencement Date: | Ss 80, 81 on 1.7.21: s. 2(2) |
**Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020**
| Assent Date: | 30.6.20 |
| Commencement Date: | Ss 8–17 on 1.7.20: s. 2 |
**Sentencing Amendment (Emergency Worker Harm) Act 2020, No. 23/2020**
| Assent Date: | 30.6.20 |
| Commencement Date: | Ss 7, 8 on 1.3.21: s. 2(3) |
**COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020**
| Assent Date: | 20.10.20 |
| Commencement Date: | S. 23 on 21.10.20: s. 2 |
**Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021**
| Assent Date: | 23.3.21 |
| Commencement Date: | Ss 44–50 on 26.4.21: s. 2(2) |
**Energy Legislation Amendment (Energy Fairness) Act 2021, No. 28/2021**
| Assent Date: | 10.8.21 |
| Commencement Date: | S. 31 on 1.3.22: Special Gazette (No. 87) 22.2.22 p. 1 |
**Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021**
| Assent Date: | 10.8.21 |
| Commencement Date: | S. 86 on 1.3.22: s. 2(3) |
**Firearms and Other Acts Amendment Act 2021, No. 44/2021**
| Assent Date: | 26.10.21 |
| Commencement Date: | S. 4 on 27.10.21: s. 2(1) |
**Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022**
| Assent Date: | 15.2.22 |
| Commencement Date: | Ss 3, 4, 8–13, 111–115, 124, 125 on 16.2.22: s. 2(1); ss 63−79 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1; ss 5–7 on 1.10.22: s. 2(3) |
**Sex Work Decriminalisation Act 2022, No. 7/2022**
| Assent Date: | 1.3.22 |
| Commencement Date: | Ss 67–69 on 1.12.23: s. 2(3) |
**Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022, No. 11/2022**
| Assent Date: | 29.3.22 |
| Commencement Date: | Ss 3, 4 on 30.3.22: s. 2 |
**Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022**
| Assent Date: | 6.9.22 |
| Commencement Date: | Ss 67, 73−79, 81, 92 on 7.9.22: s. 2(1); s. 60 on 1.1.23: s. 2(3); s. 80 on 1.1.23: s. 2(6); ss 23, 24, 61–66, 68–72 on 30.7.23: s. 2(5) |
**Mental Health and Wellbeing Act 2022, No. 39/2022**
| Assent Date: | 6.9.22 |
| Commencement Date: | S. 820 on 1.9.23: s. 2(2) |
**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**
| Assent Date: | 5.9.23 |
| Commencement Date: | S. 7(Sch. 1 item 7) on 6.9.23: s. 2 |
**Justice Legislation Amendment Act 2023, No. 26/2023**
| Assent Date: | 10.10.23 |
| Commencement Date: | Ss 33, 63 on 11.10.23: s. 2(1) |
**Bail Amendment Act 2023, No. 28/2023**
| Assent Date: | 24.10.23 |
| Commencement Date: | S. 67 on 25.3.24: s. 2(2) |
**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**
| Assent Date: | 10.9.24 |
| Commencement Date: | Ss 9–11, 26 on 11.9.24: s. 2(1) |
**Youth Justice Act 2024, No. 32/2024**
| Assent Date: | 10.9.24 |
| Commencement Date: | Ss 811–826 on 30.9.25: s. 2(2) |
**Justice Legislation Amendment (Committals) Act 2025, No. 5/2025**
| Assent Date: | 25.2.25 |
| Commencement Date: | Ss 3–43 on 28.12.25: s. 2(2) |
**Justice Legislation Amendment (Anti‐vilification and Social Cohesion) Act 2025, No. 11/2025**
| Assent Date: | 8.4.25 |
| Commencement Date: | S. 37 on 20.9.25: s. 2(3) |
**Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025**
| Assent Date: | 20.5.25 |
| Commencement Date: | S. 96(Sch. 3 item 2) on 1.4.26: s. 2(4) |
**Justice Legislation Amendment (Miscellaneous) Act 2025, No. 20/2025**
| Assent Date: | 18.6.25 |
| Commencement Date: | Ss 5–12 on 19.6.25: s. 2 |
**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**
| Assent Date: | 5.8.25 |
| Commencement Date: | S. 106(Sch. 1 item 9) on 6.8.25: s. 2(1) |
**Wage Theft Amendment Act 2025, No. 35/2025**
| Assent Date: | 2.9.25 |
| Commencement Date: | Ss 73, 74 on 12.12.25: Special Gazette (No. 689) 9.12.25 p. 1 |
**Justice Legislation Amendment (Community Safety) Act 2025, No. 54/2025**
| Assent Date: | 9.12.25 |
| Commencement Date: | S. 8 on 10.12.25: s. 2(1); s. 24 on 27.2.26: s. 2(3) |
**Justice Legislation Amendment (Police and Other Matters) Act 2025, No. 55/2025**
| Assent Date: | 9.12.25 |
| Commencement Date: | S. 56 on 4.3.26: s. 2(3) |
**Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026, No. 1/2026**
| Assent Date: | 10.2.26 |
| Commencement Date: | Ss 79–81 on 11.2.26: s. 2(1) |
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3 Explanatory details
1. S. 255(5)(ab): The amendment proposed by section 64 of the **Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022**, No. 1/2022 (*repealed*) is not included in this publication because the words "or the Prothonotary of the Supreme Court" do not appear in section 255(5)(ab). Section 64 reads as follows—
64 How appeal is commenced
In section 255(5)(ab) of the **Criminal Procedure Act 2009**, for "or the Prothonotary of the Supreme Court" **insert** ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires,". [↑](#endnote-ref-2)