118Transitional provisions (1997 amendments)

118 Transitional provisions (1997 amendments)

(1) The amendments of this Act made by a provision of section 5, 9, 11, 12, 14, 16 to 18, 26, 30 or 31 of the Sentencing and Other Acts (Amendment) Act 1997 apply to a sentence imposed, or judgment given, after the commencement of that provision, irrespective of when the offence was committed.

(2) The amendments of this Act made by a provision of section 6 or 10 of the Sentencing and Other Acts (Amendment) Act 1997 apply to a proceeding for an offence that is commenced after the commencement of that provision, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

(3) The amendments of this Act made by a provision of section 13, 15, 19 or 21 of the Sentencing and Other Acts (Amendment) Act 1997 apply to a failure to comply with a sentencing order that is alleged to have occurred after the commencement of that provision, irrespective of when the sentencing order was made.

S. 118(3A) inserted by No. 69/1997 s. 19.

(3A) The amendment of section 68 of the Crimes Act 1958 made by item 45(a) of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from summary to indictable in the nature of an offence against that section applies only to offences alleged to have been committed after the commencement of that Schedule.

S. 118(3B) inserted by No. 69/1997 s. 19.

(3B) The amendment of section 70D(1) of the Crimes Act 1958 made by item 51 of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from indictable to indictable triable summarily in the nature of an offence against that section applies to a proceeding for an offence that is commenced after the commencement of that Schedule, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

S. 118(3C) inserted by No. 69/1997 s. 19.

(3C) The amendments of sections 91 and 343 of the Crimes Act 1958 made by items 67(a) and 99 of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from indictable to summary in the nature of an offence against those sections apply to a proceeding for an offence that is commenced after the commencement of that Schedule, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

S. 118(3D) inserted by No. 69/1997 s. 19.

(3D) For the purposes of subsection (3A), if an offence is alleged to have been committed between two dates and Schedule 1 to the commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that Schedule.