Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026
170 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026
On and after the commencement of the amendments to Division 2A of Part II made by the Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026, that Division as in force immediately before that commencement continues to apply, despite those amendments, to—
an ongoing application for leave under section 32C(1); and
the evidence to which that application relates.
For the purposes of subsection (1), an application for leave under section 32C(1) is ongoing if—
notice was given in respect of that application in accordance with section 32CD as in force immediately before the commencement of the amendments to section 32CD made by the Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026; and
the application was not determined before that commencement.
Pt 9 (Headings and ss 167–191) inserted by No. 11/2020 s. 34, amended by No. 27/2020 s. 31, repealed by No. 6246/1958 s. 191 (as amended by No. 27/2020 s. 31).
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Schedules
Sch. 1 repealed by No. 12/1993 s. 6(b).
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Sch. 2 amended by Nos 7705 s. 10, 117/1986 s. 6(Sch. 1 item 1(11)), 4/1997 s. 4(2), 45/2001 s. 41(2)(a)-(d), 69/2009 s. 35, 37/2014 s. 10(Sch. item 59.7).
Second Schedule
S. 12
To the governor of the gaol at [or as the case may be] and to all police officers:
It is hereby ordered under the provisions of the Evidence (Miscellaneous Provisions) Act 1958, that [here insert name of prisoner], a person now in your physical custody at [here insert name of place of detention] be brought before the [here insert name of court, &c.] at [insert place where court, &c., is to be holden] [or be brought to [insert place where facilities exist to enable the person to appear by audio or audio visual link within the meaning of Part IIA of that Act before that court at that place]][14] on the day of then and there to testify what he or she knows concerning the matters then to be inquired of in the hearing of [here specify name of cause or matter] and he or she is to remain at that place until he or she is in due course released from custody according to law or returned to the governor of the gaol at [or as the case may be].
Dated this day of
Signature and description of Judge.
Sch. 3 substituted by No. 69/2009 s. 36, repealed by No. 6/2018 s. 58.
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Sch. 4 amended by No. 7703 s. 5, repealed by No. 51/1989 s. 144(2)(q).
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