(1) A provision of this Act (other than Division 1 of Part 5) 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 that provision comes into operation.
(2) Division 1 of Part 5 applies to a proceeding that relates to a charge for an offence alleged to have been committed on or after the commencement of that Division.
(3) For the purposes of subclause (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of Division 1 of Part 5, the offence is alleged to have been committed before that commencement.
(4) Notes inserted in the Evidence Act 2008 by Division 2 of Part 10 of this Act do not form part of that Act.
Sch. 1 cl. 2 inserted by No. 47/2016 s. 30.
2 Crimes Amendment (Sexual Offences) Act 2016
(1) The amendments made to this Act by sections 27 and 28 of the Crimes Amendment (Sexual Offences) Act 2016 apply only to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act 2009) on or after the day on which those sections come into operation if the offence to which the trial relates is alleged to have been committed on or after the commencement of Division 1 of Part 5.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of Division 1 of Part 5, it is alleged to have been committed before that commencement.
Sch. 1 cl. 3 inserted by No. 6/2017 s. 17.
3 Crimes Legislation Further Amendment Act 2017
The amendments made to this Act by Part 5 of the Crimes Legislation Further Amendment Act 2017 apply to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act2009) on or after the day on which Part 5 of the Crimes Legislation Further Amendment Act 2017 comes into operation.
Sch. 1 cl. 4 inserted by No. 37/2017 s. 10.
4 Jury Directions and Other Acts Amendment Act 2017
(1) The amendments made to this Act by a provision of the Jury Directions and Other Acts Amendment Act 2017 apply to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act 2009) on or after the day on which that provision comes into operation.
(2) Section 4A as inserted by section 3 of the Jury Directions and Other Acts Amendment Act 2017 applies, on and after the commencement of section 3 of that Act, to a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after that commencement.
(3) In this section—
(a) for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).
Sch. 1 cl. 5 inserted by No. 42/2018 s. 34.
5 Victims and Other Legislation Amendment Act 2018
(1) The amendments made to this Act by a provision of the Victims and Other LegislationAmendment Act 2018 apply to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the day on which that provision comes into operation; and
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the day on which that provision comes into operation.
(2) In this section—
(a) for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).
Sch. 1 cl. 6 inserted by No. 38/2022 s. 94.
6 Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022
(1) An amendment made to this Act by a provision of Part 2 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement of that provision of Part 2; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 2—
if the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed on or after the commencement of that provision of Part 2.
(2) An amendment made to section 46 or 47 by a provision of Part 4 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement of that provision of Part 4; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 4—
if the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed on or after the commencement of that provision of Part 4.
Sch. 1 cl. 6(2A) inserted by No. 26/2023 s. 62(1).
(2A) On and after the commencement of Part 8 of the Justice Legislation Amendment Act 2023, subclause (2) no longer applies.
See clause 7(1) for the transitional arrangements that apply to the amendments referred to in subclause (2) on and after the commencement of Part 8 of the Justice Legislation Amendment Act 2023.
(3) For the purposes of subsections (1) and (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of either—
(a) a provision of Part 2 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022; or
(b) a provision of Part 4 of that Act—
it is alleged to have been committed before that commencement.
(4) An amendment made to this Act (other than to section 46 or 47) by a provision of Part 4 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies only to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement of that provision of Part 4; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 4.
(5) In this section—
(a) for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).
Sch. 1 cl. 7 inserted by No. 26/2023 s. 62(2).
7 Justice Legislation Amendment Act 2023
(1) On and after the commencement day, an amendment referred to in clause 6(2) applies to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after that day; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after that day—
irrespective of when the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed.
(2) An amendment made to this Act by sections 60 and 61 of the Justice Legislation Amendment Act 2023 applies only to—
(a) a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement day; or
(b) a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement day.
(3) In this clause—
commencement day means the day on which Part 8 of the Justice Legislation Amendment Act 2023 comes into operation;
(a) for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).
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Endnotes
1 General information
See 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: 18 March 2015
Legislative Council: 16 April 2015
The long title for the Bill for this Act was "A Bill for an Act to simplify and clarify the law on jury directions in criminal trials and for other purposes."
The Jury Directions Act 2015 was assented to on 12 May 2015 and came into operation as follows:
Sections 1, 2, Part 10 Division 4 (section 80) on 13 May 2015: section 2(1);
Sections 3–44, 48–79, 81, Schedule 1 on 29 June 2015: section 2(4);
Part 5 Division 1 (sections 45–47) on 1 July 2015: section 2(2).
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 Jury Directions Act 2015 by Acts and subordinate instruments.
| Assent Date: | 6.9.16 |
| Commencement Date: | Ss 27(2), 28(2)–(4) on 26.9.16: Special Gazette (No. 289) 20.9.16 p. 1; ss 26, 27(1)(3)(4), 28(1), 29, 30 on 1.7.17: s. 2(2) |
Crimes Legislation Further Amendment Act 2017, No. 6/2017
| Assent Date: | 15.3.17 |
| Commencement Date: | Ss 15–17 on 1.4.17: s. 2(2) |
Jury Directions and Other Acts Amendment Act 2017, No. 37/2017
| Assent Date: | 29.8.17 |
| Commencement Date: | Ss 3–10 on 1.10.17: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Jury Directions Act 2015 |
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 19 on 28.2.18: s. 2(1) |
Victims and Other Legislation Amendment Act 2018, No. 42/2018
| Assent Date: | 11.9.18 |
| Commencement Date: | Ss 29–34 on 29.10.18: Special Gazette (No. 480) 16.10.18 p. 1 |
| Current State: | This information relates only to the provision/s amending the Jury Directions Act 2015 |
Sex Work Decriminalisation Act 2022, No. 7/2022 (as amended by No. 38/2022)
| Assent Date: | 1.3.22 |
| Commencement Date: | S. 70A on 1.12.23: s. 2(3) |
Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022
| Assent Date: | 6.9.22 |
| Commencement Date: | Ss 42–58, 94 on 1.1.23: s. 2(6); ss 15, 16 on 30.7.23: s. 2(5) |
Note to s. 46(2): The amendment proposed by section 43 of the Justice Legislation Amendment (Victims) Act 2018, No. 5/2018 (repealed) is not included in this publication as the words "section 36" do not appear in the note at the foot of section 46(2).
Section 43 reads as follows:
43 Jury Directions Act 2015
In the note at the foot of section 46(2) to the Jury Directions Act 2015, for "section 36" substitute "Section 36". ↑