147Transitional provisions consequent on Justices Amendment Act 2007

### 147 Transitional provisions consequent on Justices Amendment Act 2007 > [*\[Section 147 Inserted by No. 22 of 2007, s. 21, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS21@EN) > > > (1)  In this section – > > > > > ***amended Criminal Code*** means the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) as amended by the [Justices Amendment Act 2007](/view/html/inforce/2026-04-12/act-2007-022) ; > > > > > ***amended Part VII*** means Part VII of this Act as amended by the [Justices Amendment Act 2007](/view/html/inforce/2026-04-12/act-2007-022) ; > > > > > ***commencement day*** means the day on which the [Justices Amendment Act 2007](/view/html/inforce/2026-04-12/act-2007-022) commences; > > > > > ***former Criminal Code*** means the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) as in force immediately before the commencement day; > > > > > ***former Part VII*** means Part VII of this Act as in force immediately before the commencement day. > > > (2)  If a person charged with an indictable offence appeared before justices and entered a plea under the former Part VII in respect of that charge, or any other charge in respect of an indictable offence joined in the same complaint, before the commencement day, former Part VII and the former Criminal Code continue to apply to proceedings in respect of that charge as if the [Justices Amendment Act 2007](/view/html/inforce/2026-04-12/act-2007-022) had not been enacted. > > > (3)  If a person charged with an indictable offence appeared before justices but did not enter a plea under former Part VII in respect of that charge, or any other charge in respect of an indictable offence joined in the same complaint, before the commencement day – > > > > > > (a) amended Part VII and the amended Criminal Code apply to proceedings in respect of that charge; and > > > > > > > (b) for the purposes of amended Part VII, the first appearance of the person before justices after the commencement day is taken to be the first appearance of the person before justices. > > > (4)  Despite [subsection (3)](#GS147@Gs3@EN) , justices may dispense with or vary any requirement of amended Part VII if they are of the opinion that – > > > > > > (a) the requirement has already been complied with or partly complied with; or > > > > > > > (b) complying with the requirement, or the requirement without variation, would cause an undue delay in the proceedings and the defendant would not be unduly prejudiced by dispensing with, or varying, the requirement.