47Transitional provisions—Justice Legislation Amendment Act 2012

47 Transitional provisions—Justice Legislation Amendment Act 2012 This Act as amended by section 7 of the **Justice Legislation Amendment Act 2012** applies to any proceeding in the Assessment and Referral Court List, irrespective of whether the offence to which the proceeding relates was alleged to have been committed before, on or after the commencement of that section. Sch. 8 cl. 48 inserted by No. 26/2012 s. 25. **48 Transitional provisions—Courts and Sentencing Legislation Amendment Act 2012** This Act as amended by sections 22 and 23 of the **Courts and Sentencing Legislation Amendment Act 2012** applies to a proceeding for an offence or a contravention of sentence (including any offence constituted by such a contravention) irrespective of whether the offence or contravention is alleged to have been committed, or the sentence was imposed, before or on or after the commencement of those sections. Sch. 8 cl. 49 inserted by No. 48/2012 s. 40. **49 Transitional provision—Criminal Procedure Amendment Act 2012** Section 78(5) as amended by section 38 of the **Criminal Procedure Amendment Act 2012** applies to a search warrant issued on or after the commencement of section 38 of that Act. Sch. 8 cl. 50 inserted by No. 5/2013 s. 40. **50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013** (1) On and from the commencement of section 34 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**, a person who held the office of acting magistrate under section 9 as in force immediately before its repeal who is not eligible to be a reserve magistrate under section 9A, but is eligible to be a magistrate under section 7, is taken to hold the office of magistrate as if he or she had been appointed as a magistrate under section 7 on the commencement of section 34 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**. (2) On and from the commencement of section 34 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**, a person other than a person referred to in subsection (1) who held the office of acting magistrate under section 9 as in force immediately before its repeal is taken to hold the office of reserve magistrate as if he or she had been appointed as a reserve magistrate under section 9A. (3) If a person referred to in subclause (2) was required to undertake the duties of a magistrate under section 9(4) as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 34 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**, that requirement continues until its expiry as if it were an engagement under section 9C. (4) If, immediately before the commencement of section 34 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act** **2013**, a person referred to in subclause (1) or (2) was assigned under section 93 of the **Coroners Act 2008** to be a coroner for the Coroners Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act. (5) If, immediately before the commencement of section 34 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act** **2013**, a person referred to in subclause (1) or (2) was assigned under section 507 of the **Children, Youth and Families Act 2005** to be a magistrate for the Children's Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act. (6) Unless inconsistent with the context or the subject matter, on and from the commencement of section 34 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act** **2013**, a reference in any Act (other than this Act or the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**), subordinate instrument or any other document to an acting magistrate, being an acting magistrate appointed under section 9 as in force immediately before its repeal, is to be construed as a reference to a reserve magistrate so far as the reference relates to any period on or after that commencement. Sch. 8 cl. 51 inserted by No. 5/2013 s. 40, repealed by No. 51/1989 Sch. 8 cl. 51(4). Sch. 8 cl. 51A inserted by No. 63/2013 s. 48.