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Evidence (Miscellaneous Provisions) Act 1958
169Transitional provision—Justice Legislation Amendment (Committals) Act 2025
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169 Transitional provision—Justice Legislation Amendment (Committals) Act 2025
The amendments made to section 42JA by the **Justice Legislation Amendment (Committals) Act 2025** apply only to a committal proceeding commenced on or after the commencement of those amendments.
Pt 9 (Headings and ss 167–191) inserted by No. 11/2020 s. 34, amended by No. 27/2020 s. 31, repealed by No. 6246/1958 s. 191 (as amended by No. 27/2020 s. 31).
Schedules
Sch. 1 repealed by No. 12/1993 s. 6(b).
Sch. 2 amended by Nos 7705 s. 10, 117/1986 s. 6(Sch. 1 item 1(11)), 4/1997
s. 4(2), 45/2001 s. 41(2)(a)-(d), 69/2009 s. 35, 37/2014 s. 10(Sch. item 59.7).
Second Schedule
S. 12
To the governor of the gaol at [*or as the case may be*]
and to all police officers:
It is hereby ordered under the provisions of the **Evidence (Miscellaneous Provisions) Act 1958**, that [*here insert name of prisoner*], a person now in your physical custody at [*here insert name of place of detention*] be brought before the [*here insert name of court, &c.*] at [*insert place where court, &c., is to be holden*] [*or* be brought to [*insert place where facilities exist to enable the person to appear by audio or audio visual link within the meaning of Part IIA of that Act before that court at that place*]][[14]](#endnote-15) on the day of then and there to testify what he or she knows concerning the matters then to be inquired of in the hearing of [*here specify name of cause or matter*] and he or she is to remain at that place until he or she is in due course released from custody according to law or returned to the governor of the gaol at [*or as the case may be*].
Dated this day of
Signature and description of Judge.
Sch. 3 substituted by No. 69/2009 s. 36, repealed by No. 6/2018 s. 58.
Sch. 4 amended by No. 7703 s. 5, repealed by No. 51/1989 s. 144(2)(q).
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.
The **Evidence Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.
The title of this Act was changed from the **Evidence Act 1958** to the **Evidence (Miscellaneous Provisions) Act 1958** by section 3 of the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, No. 69/2009.
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).