Division 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018
(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).
(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).
Subparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.
(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:
(a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;
(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:
(a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;
(b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.
(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).
(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):
(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.
(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.
(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).
(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.
(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.
(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.
(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.
(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).
(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):
(b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).
(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.
(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.
Subsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.
(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.
(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).
Division Div 15 - Norfolk Island Continued Laws Ordinance 2015 - Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018 | Zoe