89Application of Commonwealth criminal laws

89 Application of Commonwealth criminal laws

89 Application of Commonwealth criminal laws

(1) An offence against the applied provisions must be treated as if it were an offence against a law of the Commonwealth.

(2) The purposes for which an offence against the applied provisions must be treated as an offence against a law of the Commonwealth include, without limitation, the following—

(a) the investigation and prosecution of offences,

(b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences,

(c) proceedings relating to a matter referred to in paragraph (a) or (b),

(d) appeals and reviews relating to criminal proceedings and to proceedings relating to a matter referred to in paragraph (a) or (b),

(e) the sentencing, punishment and release of persons convicted of offences,

(f) fines, penalties and forfeitures,

(g) liability to make reparation in connection with offences,

(h) proceeds of crime,

(i) spent convictions.

(3) The Commonwealth laws relating to the matters specified in subsection (2) apply as a law of New South Wales in relation to an offence against the applied provisions as if the applied provisions were laws of the Commonwealth and not a law of New South Wales.

(4) For the purposes of the law of New South Wales, an offence against the applied provisions—

(a) is taken to be an offence against the laws of the Commonwealth, as if the applied provisions were laws of the Commonwealth, and

(b) is taken not to be an offence against the law of New South Wales.

(5) Subsection (4) has effect for the purposes of the law of New South Wales except as provided by the regulations.