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Criminal Procedure Act 2009
463Transitional provision—Justice Legislation Amendment (Committals) Act 2025
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463 Transitional provision—Justice Legislation Amendment (Committals) Act 2025
(1) Amendments made to this Act by the following provisions of the **Justice Legislation Amendment (Committals) Act 2025** apply only to a committal proceeding commenced on or after the commencement of those amendments—
(a) Division 1 of Part 2;
(b) Division 3 of Part 2;
(c) sections 10, 12, 13 and 14;
(d) sections 33 and 34.
(2) Amendments made to this Act by sections 11, 15, 18 and 19 of the **Justice Legislation Amendment (Committals) Act 2025** apply to a criminal proceeding commenced on or after the commencement of those amendments, irrespective of when the offence to which the proceeding relates is alleged to have been committed.
(3) Amendments made to this Act by sections 16, 20, 21, 22 and 23 of the **Justice Legislation Amendment (Committals) Act 2025** apply only to a criminal proceeding in which an indictment is filed on or after the day on which those amendments come into operation.
(4) An amendment made to this Act by section 17 of the **Justice Legislation Amendment (Committals) Act 2025** applies only to a criminal proceeding in which an accused is committed for trial on or after the day on which that amendment comes into operation.
Schedules
Schedule 1––Charges on a charge-sheet or indictment
Sections 6(3), 159(3)
1 Statement of offence
A charge must—
(a) state the offence that the accused is alleged to have committed; and
(b) contain the particulars, in accordance with clause 2, that are necessary to give reasonable information as to the nature of the charge.
2 Statement of particulars
(1) Subject to subclause (2), particulars of the offence charged must be set out in ordinary language and the use of technical terms is not necessary.
(2) If a rule of law or a statute limits the particulars that are required to be given in a charge, nothing in this clause requires any more particulars than those required.
3 Statutory offence
(1) In this clause—
***statutory offence*** means an offence created by an Act or subordinate instrument, or by a provision of an Act or subordinate instrument.
(2) For the purposes of clause 1(a), a statement of a statutory offence is sufficient if it—
(a) identifies the provision creating the offence; and
(b) describes the offence in the words of the provision creating it, or in similar words.
(3) If a statutory offence states—
(a) the offence to be committed in alternative ways; or
(b) any element or part of the offence in the alternative—
a charge may state the commission of the offence or the element or part of the offence in the alternative.
4 Exceptions, exemptions etc.
Any exception, exemption, proviso, excuse or qualification need not be specified or negatived in a charge.
Sch. 1 cl. 4A inserted by No. 74/2014 s. 13.