167Transitional provisions—Justice Legislation Miscellaneous Amendment Act 2018

167 Transitional provisions—Justice Legislation Miscellaneous Amendment Act 2018 (1) The amendments made to the definition of ***category 1 offence*** in section 3(1) by section 73(1) of the **Justice Legislation Miscellaneous Amendment Act 2018** apply to the sentencing of an offender for an offence alleged to have been committed after the commencement of section 73(1) of that Act. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 73(1) of the **Justice Legislation Miscellaneous Amendment Act 2018**, the offence is alleged to have been committed before that commencement. (3) The amendments made to the definition of ***category 1 offence*** in section 3(1) by section 73(2) of the **Justice Legislation Miscellaneous Amendment Act 2018** apply to the sentencing of an offender after the commencement of section 73(2) of that Act for an offence alleged to have been committed on or after 20 March 2017. (4) The amendments made to the definition of ***category 2 offence*** in section 3(1) by section 74(d) and (e) of the **Justice Legislation Miscellaneous Amendment Act 2018** apply to the sentencing of an offender for an offence alleged to have been committed after the commencement of section 74(d) and (e) of that Act. (5) For the purposes of subsection (4), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 74(d) and (e) of the **Justice Legislation Miscellaneous Amendment Act 2018**, the offence is alleged to have been committed before that commencement. (6) The amendments made to this Act by section 78(2) or a provision of section 76 (other than section 76(1) and (2)) or 79 of the **Justice Legislation Miscellaneous Amendment Act 2018** apply to the sentencing of an offender for an offence alleged to have been committed after the commencement of that provision of that Act. (7) For the purposes of subsection (6), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of a provision referred to in subsection (6), the offence is alleged to have been committed before that commencement. (8) The amendment made to the definition of ***serious sexual offender*** in section 6B(2) by section 77 of the **Justice Legislation Miscellaneous Amendment Act 2018** applies to the sentencing of an offender after the commencement of section 77 of that Act, irrespective of when the offence was committed. (9) The amendments made to this Act by sections 76(1) and (2), 80, 81 and 82 of the **Justice Legislation Miscellaneous Amendment Act 2018** apply to the sentencing of an offender for an offence alleged to have been committed after the commencement of those sections of that Act. (10) For the purposes of subsection (9), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of sections 76(1) and (2), 80, 81 and 82 of the **Justice Legislation Miscellaneous Amendment Act 2018**, the offence is alleged to have been committed before that commencement. (11) For the purposes of this section, a sentence imposed by a court after the setting aside of a sentencing order on appeal must be taken to have been imposed at the time the original sentencing order was made. S. 169 inserted by No. 42/2018 s. 28, renumbered as s. 168 by No. 3/2019 s. 88(7).