12Notice of intention to adduce hearsay evidence

12 Notice of intention to adduce hearsay evidence If a notice given before the commencement day is taken, by the operation of clause 11, to have been given under section 67(1), the period for an objection to be made under section 68 to the tender of evidence to which the notice relates is the later of the period ending— (b) 21 days after the notice was given to the party concerned. 13 Notice of intention to adduce evidence as to tendency or coincidence (1) References in sections 97(1)(a) and 98(1)(a) to giving notice are taken to include references to giving notice of the kind referred to in those sections before the commencement day. (2) Despite clause 11(1)(b), a notice of a kind referred to in section 97 or 98 given before the commencement day is taken to have been given in accordance with any regulations or rules made for the purposes for section 99. 14 Time limits for making requests (1) A request made before the commencement day that would, if it were made after the commencement day be a request under section 167, is taken to be such a request. (2) If a notice given before the commencement day is taken, by the operation of clause 11, to have been given under section 168(1) or (3), the period for a request to be made under section 168(1) or (3) is the later of the period ending— (b) 21 days after the notice was given to the party concerned. (3) If a copy of a document served before the commencement day is taken, by the operation of clause 11, to have been served under section 168(5) or (6), the period for a request to be made under section 168(5) or (6) is the later of the period ending— (b) 21 days after the document was served on the party concerned. (4) If a request made under section 168 was received before the commencement day, in determining what is a reasonable time after receiving a request for the purposes of section 169(2), the court may take into account time passed before the commencement day. 15 Requests under section 173 A request made before the commencement day that would, if it were made after the commencement day be a request under section 173(2), is taken to be such a request. 16 Proof of voluminous or complex documents If a court has given a direction under section 42B of the **Evidence Act 1958**, as in force immediately before its repeal, and a party has been provided with a copy of the evidence in the form specified in that direction, the party is taken, for the purposes of section 50(2)(b), to have been given a reasonable opportunity to examine or copy documents. Sch. 2 Pt 3 (Heading and cls 17–20) inserted by No. 52/2012 s. 10. Part 3—Transitional provisions for Evidence Amendment (Journalist Privilege) Act 2012 Sch. 2 cl. 17 inserted by No. 52/2012 s. 10. 17 Definitions In this Part— ***2012 Act*** means the **Evidence Amendment (Journalist Privilege) Act 2012**. Sch. 2 cl. 18 inserted by No. 52/2012 s. 10. 18 Application of Division 1C of Part 3.10 (1) Except as otherwise provided by this Schedule, the amendment made to Part 3.10 of this Act by section 3 of the 2012 Act applies to any proceeding commenced on or after the commencement of that section. (2) Except as otherwise provided by this Schedule, in the case of any proceeding that commenced before the commencement of section 3 of the 2012 Act, the amendment made to Part 3.10 of this Act by that section applies to that part of the proceeding that takes place on or after the commencement of that section, other than any hearing in the proceeding that commenced before the commencement of that section and— (a) continued on or after the commencement of that section; or (b) was adjourned until the commencement of that section or a day after the commencement of that section. Sch. 2 cl. 19 inserted by No. 52/2012 s. 10. 19 Application of Division 1C of Part 3.10 to disclosure requirements (1) The amendment made to Part 3.10 of this Act by section 3 of the 2012 Act does not apply in respect of— (a) a disclosure requirement issued or ordered before the commencement of section 3 of that Act; or (b) a disclosure requirement issued or ordered on or after the commencement of section 3 of that Act to give evidence or produce documents at a hearing to which clause 18(2)(a) or (b) applies. (2) Despite subclause (1)(a), the amendment made to Part 3.10 of this Act by section 3 of the 2012 Act applies to a disclosure requirement issued or ordered before the commencement of section 3 of that Act if the evidence is to be given at a hearing to which the amendment made by section 3 of that Act applies. (3) In this section, ***disclosure requirement*** has the same meaning as in section 131A. Sch. 2 cl. 20 inserted by No. 52/2012 s. 10. 20 Certificate given to a witness before commencement (1) The amendment made to section 128 by section 4(3) and (4) of the 2012 Act has effect on and from the commencement of that section with respect to the giving of a certificate under a prescribed State or Territory provision that has occurred before the commencement of that section. (2) The amendment made to section 128A by section 5 of the 2012 Act has effect on and from the commencement of that section with respect to the giving of a certificate under a prescribed State or Territory provision that has occurred before the commencement of that section. Sch. 2 Pt 5 (Heading and cl. 22) inserted by No. 63/2014 s. 10. Part 5—Transitional provision for Crimes Amendment (Abolition of Defensive Homicide) Act 2014 Sch. 2 cl. 22 inserted by No. 63/2014 s. 10. 22 Transitional—Crimes Amendment (Abolition of Defensive Homicide) Act 2014 This Act as amended by Part 3 of the **Crimes Amendment (Abolition of Defensive Homicide) Act 2014** applies to a trial that commences (within the meaning of section 210 of the **Criminal Procedure Act 2009**) on or after the day on which Part 3 of the **Crimes Amendment (Abolition of Defensive Homicide) Act 2014** comes into operation, irrespective of when the offence is alleged to have been committed. Sch. 2 Pt 6 (Heading and cl. 23) inserted by No. 14/2015 s. 78.