62Transitional provisions

62 Transitional provisions (1) If on the commencement of section 55 of the **Law and Justice Legislation Amendment Act 1997**, section 57 of the **Children's Services Act 1996** is not in operation, Schedule 1 to this Act has effect, until that section comes into operation, as if item 2 of that Schedule referred to a children's service centre within the meaning of Part XIA of the **Health Act 1958** that directly receives any financial assistance from the State. S. 62(2) inserted by No. 8/1998 s. 6. (2) Section 53 as amended by section 5 of the **Summary Offences (Amendment) Act 1998** applies only to offences committed after the commencement of that Act. S. 62(3) inserted by No. 80/2001 s. 6(2). (3) The amendment of section 53(6A) made by section 6(1) of the **Sentencing (Emergency Service Costs) Act 2001** applies only to offences against section 53 alleged to have been committed on or after the commencement of the **Sentencing (Emergency Service Costs) Act 2001**. S. 62(4) inserted by No. 80/2001 s. 6(2). (4) For the purposes of subsection (3), if an offence is alleged to have been committed between two dates, one before and one after the commencement of the **Sentencing (Emergency Service Costs) Act 2001**, the offence is alleged to have been committed before that commencement. S. 62(5) inserted by No. 49/2008 s. 5. (5) Section 42 as amended by section 3(1) of the **Summary Offences Amendment (Tattooing and Body Piercing) Act 2008** applies only to offences alleged to have been committed on or after the commencement of section 3(1) of that Act. S. 62(6) inserted by No. 49/2008 s. 5. (6) For the purposes of subsection (5), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 3(1) of the **Summary Offences Amendment (Tattooing and Body Piercing) Act 2008**, the offence is alleged to have been committed before that commencement. S. 62(7) inserted by No. 68/2009 s. 97(Sch. item 115.19). (7) Section 53 as amended by section 436 of the **Criminal Procedure Act 2009** applies to an offence alleged to have been committed on or after the commencement of section 436 of that Act. S. 62(8) inserted by No. 68/2009 s. 97(Sch. item 115.19). (8) For the purposes of subsection (7), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 436 of the **Criminal Procedure Act 2009**, the offence is alleged to have been committed before that commencement. S. 62(9) inserted by No. 15/2014 s. 6. (9) This Act, as amended by section 5 of the **Summary Offences and Sentencing Amendment Act 2014**, applies in respect of a direction given under section 6 on or after the commencement of that Act. S. 62(10) inserted by No. 6/2015 s. 8. (10) Section 6A as in force immediately before its repeal by the **Summary Offences Amendment (Move-on Laws) Act 2015** continues to apply in respect of an arrest made under that section before the commencement of the **Summary Offences Amendment (Move-on Laws) Act 2015**. S. 62(11) inserted by No. 6/2015 s. 8. (11) An exclusion order made under Division 1B of Part I and in effect immediately before the commencement of the **Summary Offences Amendment (Move-on Laws) Act 2015** ceases to have effect on that commencement. S. 62(12) inserted by No. 6/2015 s. 8. (12) On the commencement of the **Summary Offences Amendment (Move-on Laws) Act 2015**, the Chief Commissioner of Police is not required to provide to the Minister a report under section 6J (as in force immediately before its repeal) in respect of the period during which section 6J was in force. S. 63 repealed by No. 9554 s. 2(1)(Sch. 1 item 16) (as amended by No. 9902 s. 2(1)(Sch. item 189)), new s. 63 inserted by No. 27/2011 s. 7. 63 Savings and validation provision—Summary Offences and Control of Weapons Acts Amendment Act 2009—lodgeable infringement offences (1) Despite anything to the contrary in the **Infringements Act 2006**, on and from 16 December 2009, an offence against section 6, 13, 14 or 17A which is an infringement offence within the meaning of that Act— (a) is taken to be, and to always have been, a lodgeable infringement offence within the meaning of that Act as if it had been prescribed as a lodgeable infringement offence by regulations made under that Act; and (b) may be dealt with as a lodgeable infringement offence under that Act. (2) Any lodgement under Part 4 of the **Infringements Act 2006** and any enforcement action taken under that Act in respect of an infringement offence referred to in subsection (1) is taken to be, and to always have been, a valid and lawful lodgement or enforcement action under that Act, as the case requires, to the extent that the lodgement or enforcement action was taken on the basis that the infringement offence was a lodgeable infringement offence. S. 64 inserted by No. 43/2017 s. 64(3).