77Transitional provisions (2000 and 2003 Amending Acts)

77 Transitional provisions (2000 and 2003 Amending Acts) (1) Subject to this section, the amendments of this Act made by Part 2 of the **Victims of Crime Assistance (Amendment) Act 2000** (except sections 15, 16 and 18(2) of that Act) apply only with respect to acts of violence occurring on or after 1 July 2000 and applications and awards made in respect of such acts of violence. (2) The amendments of this Act made by sections 15, 16 and 18(2) of the **Victims of Crime Assistance (Amendment) Act 2000** apply to applications and awards made under this Act in respect of acts of violence, whether occurring before or on or after 1 July 2000. (3) The amendments of this Act made by Part 2 of the **Victims of Crime Assistance (Amendment) Act 2000** apply with respect to acts of violence occurring before 1 July 2000 and applications and awards made in respect of such acts of violence where— (a) the act of violence involved the commission of an offence referred to in paragraph (b) of the definition of ***relevant offence*** in section 3(1) of this Act; and (b) a primary victim of the act of violence was under the age of 18 years at the time of the commission of that act; and (c) the application to the Tribunal is made by or on behalf of a primary victim of a kind referred to in paragraph (b); and (d) the act of violence occurred— (i) on or after 1 July 1997; or S. 77(3)(d)(ii) amended by No. 47/2003 s. 9(2). (ii) at any time before 1 July 2000 if a person has been (on or after 1 July 1997) committed, or directly presented, for trial on a charge for a relevant offence of a kind referred to in paragraph (a) committed against the applicant, irrespective of the outcome of that process; or S. 77(3)(d)(iii) inserted by No. 47/2003 s. 9(2). (iii) at any time before 1 July 2000 if a person has been (on or after 1 July 1997) charged with a relevant offence of a kind referred to in paragraph (a) committed against the applicant and— (A) the charge is heard and determined summarily, irrespective of the outcome of the proceeding; or (B) the person charged dies without the charge having been determined; and (e) the applicant had not made an application under the former Act within the meaning of Schedule 1 or any corresponding previous enactment in respect of the injury before the commencement day within the meaning of that Schedule; and S. 77(3)(f) amended by No. 47/2003 s. 9(3). (f) the application is made in accordance with subsection (4) or (4A). (4) For the purposes of subsection (3) an application— (a) may be made in any case at any time before 1 July 2002 or, where subsection (3)(d)(ii) applies, at any time within 2 years after the person is committed or presented for trial (if that period ends on or after 1 July 2002) and, despite anything to the contrary in section 29, such an application is not out of time within the meaning of that section despite it not being made within 2 years after the occurrence of the act of violence; (b) subject to section 29, may be made in any case at any time after 1 July 2002. S. 77(4A) inserted by No. 47/2003 s. 9(4). (4A) For the purposes of subsection (3), where subsection (3)(d)(iii) applies, an application may be made at any time within 2 years after— (a) the commencement of section 9 of the **Victims of Crime Assistance (Miscellaneous Amendments) Act 2003**; or (b) the date on which the charge is heard and determined summarily or the date of death of the person charged (as the case requires)— whichever is the later. S. 77(4B) inserted by No. 47/2003 s. 9(4). (4B) Despite anything to the contrary in section 29, an application made in accordance with subsection (4A) is not made out of time within the meaning of that section despite it not being made within 2 years after the occurrence of the act of violence. S. 77(5) amended by No. 47/2003 s. 9(5). (5) For the purposes of subsections (3), (4) and (4A)— (a) if an act of violence occurs between two dates, one before and one on or after 1 July 1997, the act of violence occurs on or after 1 July 1997; (b) if an offence involved in the act of violence is alleged to have been committed between two dates, and the primary victim of the act of violence was under the age of 18 years at any time during the period between those dates, the primary victim must be taken to have been under the age of 18 years at the time of the commission of that act. (6) If— (a) an application is made under this Act before the commencement of Part 2 of the **Victims of Crime Assistance (Amendment) Act 2000** in respect of an act of violence to which the amendments of this Act made by that Part apply by virtue of subsection (3); and (b) the application had been finally determined before that commencement— the award of assistance made must, on an application under section 60 made in accordance with subsection (7), be varied to make it consistent with the award that would have been made in accordance with this Act as amended by that Part if the application had not been finally determined before that commencement. S. 77(6A) inserted by No. 47/2003 s. 9(6). (6A) If— (a) an application is made under this Act before the commencement of section 9 of the **Victims of Crime Assistance (Miscellaneous Amendments) Act 2003** (the 2003 Act); and (b) the application is in respect of an act of violence to which the amendments of this Act made by Part 2 of the **Victims of Crime Assistance (Amendment) Act 2000** apply by virtue of subsection (3) as amended by the 2003 Act; and (c) the application had been finally determined before the commencement referred to in paragraph (a)— the award of assistance must, on an application under section 60 made in accordance with subsection (7), be varied to make it consistent with the award that would have been made in accordance with this Act as amended by that Part if the application had not been finally determined before that commencement. S. 77(7) amended by No. 47/2003 s. 9(7)(a)(b). (7) Despite anything to the contrary in section 60, for the purposes of subsections (6) and (6A) an application for variation may be made at any time when an application could be made in respect of the act of violence by virtue of subsections (3) (as amended by the **Victims of Crime Assistance (Miscellaneous Amendments) Act 2003**), (4) and (4A) (disregarding paragraph (e) of subsection (3) for this purpose). (8) If— (a) Part 2 of the **Victims of Crime Assistance (Amendment) Act 2000** does not come into operation until after 1 July 2000; and (b) an application is made under this Act before the commencement of that Part in respect of an act of violence that occurred on or after 1 July 2000; and (c) the application had not been finally determined as at that commencement— the application must be dealt with and determined after that commencement in accordance with this Act as amended by that Part. (9) If— (a) Part 2 of the **Victims of Crime Assistance (Amendment) Act 2000** does not come into operation until after 1 July 2000; and (b) an application is made under this Act before the commencement of that Part in respect of an act of violence that occurred on or after 1 July 2000; and (c) the application had been finally determined before that commencement— the award of assistance made must, on an application under section 60, be varied to make it consistent with the award that would have been made as provided by subsection (8) if the application had not been finally determined before that commencement. S. 77(9A) inserted by No. 47/2003 s. 9(8). (9A) Despite anything to the contrary in section 52(c), the Tribunal is not required to refuse to make an award of special financial assistance in accordance with section 8A on an application (the later application) because of an earlier application for assistance made before the commencement of section 9 of the **Victims of Crime Assistance (Miscellaneous Amendments) Act 2003** if the later application is made in accordance with subsection (4A) of this section. S. 77(9B) inserted by No. 47/2003 s. 9(8). (9B) If— (a) an application is made under this Act before the commencement of section 9 of the **Victims of Crime Assistance (Miscellaneous Amendments) Act 2003** (the 2003 Act); and (b) the application is in respect of an act of violence to which the amendments of this Act made by Part 2 of the **Victims of Crime Assistance (Amendment) Act 2000** apply by virtue of subsection (3) as amended by the 2003 Act; and (c) the application had not been finally determined before the commencement referred to in paragraph (a)— the application may, in accordance with the rules, be amended to include a claim for special financial assistance in accordance with section 8A and the amended application must be dealt with and determined in accordance with this Act as amended by those Acts. (10) For the purposes of this section, if an act of violence occurs between two dates, one before and one on or after 1 July 2000, the act of violence occurs on or after 1 July 2000. S. 78 inserted by No. 47/2003 s. 10.