Investigation and enforcement for offences committed before commencement
47 Investigation and enforcement for offences committed before commencement
To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of the Acts Interpretation Act 1954, section 20 in relation to a relevant offence.
A transport Act, as in force before the commencement, continues to apply for the purposes of a relevant offence—
as if the Law was not in force; and
if the transport Act was amended on the commencement—as if the transport Act had not been amended on the commencement.
Example—
In the investigation of a relevant offence, an embargo notice is issued, before the commencement, under section 46B of TORUM. A breach of the embargo notice after the commencement would be dealt with as an offence under TORUM as in force before the commencement.
Without limiting subsections (1) and (2)—
a transport Act, as in force before the commencement, continues to have effect for all matters arising, whether before or after the commencement—
in the investigation of the relevant offence; or
in the enforcement of any transport Act in relation to the relevant offence; and
a proceeding for the relevant offence or an associated offence may be started under a transport Act as in force before the commencement; and
the State Penalties Enforcement Act 1999, as in force before the commencement, applies to the relevant offence and any associated offence.
Examples—
1 In the investigation of a relevant offence, an embargo notice could be issued, after the commencement, under section 46B of TORUM. A subsequent breach of the embargo notice would be dealt with as an offence under TORUM as in force before the commencement.
2 A provision of TORUM that is repealed on the commencement, but that was in force before the commencement as an aid to the giving of evidence, would continue to apply, or could be applied, for a proceeding for an offence against a transport Act alleged to have been committed before the commencement.
Section 748(5) of the Law applies to a relevant prosecution as if it were a prosecution referred to in section 748(3)(c) of the Law.
In this section—
associated offence means any offence arising out of any investigation or enforcement as mentioned in subsection (3)(a).
relevant offence means an offence committed or suspected to have been committed under a transport Act before the commencement.
relevant prosecution means the prosecution of—
a relevant offence; and
any other offence that, under this section, is dealt with as an offence under a transport Act.
This Act’s bill:Second reading speech
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