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Evidence Act 1939
72Proceeding already commenced
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72 Proceeding already commenced
(1) If a proceeding commenced before the commencement, this Act as
amended by the amending Act applies to that part of the
proceeding that takes place on or after the commencement.
(2) However, subsection (1) does not apply in relation to a trial or
hearing, including a preliminary examination under Part V of the
Local Court (Criminal Procedure) Act 1928, in the proceeding that
commenced before the commencement and:
(a) continued on or after the commencement; or
(b) was adjourned until the commencement or after the
commencement.
(3) The provisions of this Act, as in force immediately before the
commencement, apply to a trial or hearing mentioned in
subsection (2).
(4) In this section:
amending Act means the Evidence and Other Legislation
Amendment Act 2020.
commencement means the commencement of Part 4 of the
Division 5 Justice Legislation Amendment (Domestic and
Family Violence) Act 2023