Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—stalking
641 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—stalking
S. 641 inserted by No. 1/2026 s. 69.
Section 21A as amended by Division 1 of Part 3 of the amending Act applies only to offences alleged to have been committed on or after the commencement day.
For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement day, the offence is alleged to have been committed before the commencement day.
In this section—
amending Act means the Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026;
commencement day means the day on which Division 1 of Part 3 of the amending Act comes into operation.
S. 642 inserted by No. 1/2026 s. 69.
642 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—alternative verdicts
Section 425 as inserted by Division 2 of Part 3 of the amending Act applies only to a proceeding for an offence alleged to have been committed on or after the commencement day.
For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement day, the offence is alleged to have been committed before the commencement day.
In this section—
amending Act means the Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026;
commencement day means the day on which Division 2 of Part 3 of the amending Act comes into operation.
S. 643 inserted by No. 1/2026 s. 69.
643 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—jury directions
On and after the day on which Division 2 of Part 6 of the amending Act commences, section 626(1) and (2) no longer has the effect of preserving the operation of sections 37, 37AAA and 37AA (as in force before 1 July 2015) for offences alleged to have been committed before 1 July 2015.
Note
See Division 1AAB of Part 5 of the Jury Directions Act 2015 for jury directions in relation to consent for sexual offences alleged to have been committed before 1 July 2015.
Subsection (1) does not apply to—
a trial that has commenced (within the meaning of the Criminal Procedure Act 2009) before the day on which Division 2 of Part 6 of the amending Act commences; or
a summary hearing, committal proceeding, pre-trial hearing, appeal, case stated or special hearing referred to in section 4A(1) of the Jury Directions Act 2015 for which the specified day is before the day on which Division 2 of Part 6 of the amending Act commences.
In this section—
amending Act means the Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026;
specified day means—
for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and
for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and
in any other case, the day of the commencement of the summary hearing, the pre-trial hearing, the hearing of the appeal, or the special hearing (as the case requires).
On and after the commencement of Chapter 8 of the Youth Justice Act 2024, the reference in the definition of specified day to Part 5.4 of the Children, Youth and Families Act 2005 is taken to include a reference to Chapter 8 of the Youth Justice Act 2024.
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