Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Regulation-making powers, transitional provisions, and review provision - Transitional provisions

354: Transitional provision relating to Criminal Procedure Act 2011

You could also call this:

"Temporary changes to the law until a certain date"

When you read some parts of the Search and Surveillance Act 2012, you need to make some changes in your mind until a certain date. This date is mentioned in section 394 of the Criminal Procedure Act 2011. You have to imagine that some words are different from what is written.

You need to change the words in some sections to match older laws. For example, when you see "category 3 or category 4 offence", you should think "indictable offence" instead. You also need to change the law that is being referred to in some sections, like changing section 377 of the Criminal Procedure Act 2011 to section 404 of the Crimes Act 1961.

You have to make these changes in several sections, including section 18 and section 24. In section 24, you should think of the Summary Proceedings Act 1957 instead of the Criminal Procedure Act 2011. You also need to change the words in section 107 to only refer to section 204 of the Summary Proceedings Act 1957.

You need to imagine that some offences are tried in different courts. For example, in sections 173 and 174, the offences should be tried in a higher court. In sections 175, 176, 177, 178, and 179, the offences should be tried in a lower court.

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353: Certain provisions limited to matters covered in subpart 1 of Part 3 during transitional period, or

"Some law rules only apply to certain situations while the law is being introduced."


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355: References to enforcement officer during transitional period, or

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Part 5Amendments, repeals, and miscellaneous provisions
Regulation-making powers, transitional provisions, and review provision: Transitional provisions

354Transitional provision relating to Criminal Procedure Act 2011

  1. Until the commencement date (within the meaning of section 394 of the Criminal Procedure Act 2011),—

  2. section 13(3)(b) must be read as if the reference to section 377 of the Criminal Procedure Act 2011 were a reference to section 404 of the Crimes Act 1961; and
    1. section 18(3)(a) must be read as if the reference to a category 3 or category 4 offence were a reference to an indictable offence; and
      1. section 18(3)(b) must be read as if the reference to a category 3 or category 4 offence were a reference to an indictable offence; and
        1. section 24(4)(c) must be read as if the reference to the Criminal Procedure Act 2011 were a reference to the Summary Proceedings Act 1957; and
          1. section 48(2)(d)(i) must be read as if the reference to a category 3 or category 4 offence were a reference to an indictable offence; and
            1. section 107(2) must be read as if the reference to section 204 of the Summary Proceedings Act 1957 and section 379 of the Criminal Procedure Act 2011 were a reference only to section 204 of the Summary Proceedings Act 1957; and
              1. sections 173(2) and 174(2) must be read as if the offences prescribed in those sections were triable on indictment; and
                1. sections 175, 176, 177, 178, and 179(3) must be read as if the offences prescribed in those sections were punishable on summary conviction.