11Transitional

11 Transitional (1) If, before 14 November 1996, a warrant has been recalled under section 58(1) of the Principal Act and a fresh warrant for the same purpose had purportedly been issued— (a) the recalled warrant is deemed to have been cancelled on the date on which the fresh warrant was purportedly issued; and (b) the fresh warrant and its execution are deemed to be valid despite any lack of power to issue the fresh warrant. (2) If, before 14 November 1996, a warrant referred to in section 58(2) of the Principal Act had been executed after its expiry under that section, the warrant and its execution are deemed to be valid despite that expiry. (3) If, before 14 November 1996, a warrant referred to in section 58(2) of the Principal Act had expired under that section and after its expiry the amount of the fine in respect of which it was issued or any part of that amount or any amount for associated costs were paid, those amounts are deemed to have been lawfully demanded and recovered. (4) If, before 14 November 1996, a penalty enforcement warrant or a warrant to seize property or a warrant to imprison or a warrant to arrest directed to the sheriff was purportedly issued not in paper form, the warrant is deemed to be valid if its issue would have been valid had it been issued in paper form and signed or otherwise authenticated by the person issuing it. (5) A penalty enforcement warrant or a warrant to seize property or a warrant to imprison or a warrant to arrest which— (a) was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the **Sentencing Act 1991** and included an amount for costs of execution or warrant costs; and (b) was executed before 14 November 1996— is deemed to have been lawfully executed. (6) If, before 14 November 1996, a warrant was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the **Sentencing Act 1991** and included an amount for costs of execution or warrant costs, but before execution the amount of the fine and costs were paid, those amounts are deemed to have been lawfully demanded and recovered. 12 No proceedings may be brought Proceedings, including proceedings— (a) seeking damages or compensation; or (b) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or (c) seeking a writ of habeas corpus; or (d) seeking an order under the **Administrative Law Act 1978**— may not be brought in respect of any matter or thing that, by reason of the operation of this Act, is deemed to be valid or lawful or to have been validly or lawfully done. 13 Supreme Court—limitation of jurisdiction It is the intention of section 12 to alter or vary section 85 of the **Constitution Act 1975**. [↑](#endnote-ref-3) 3. S. 58(2): Section 28(3) of the **Magistrates' Court (Amendment) Act 1994**, No. 33/1994 reads as follows: