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Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Transitional and savings provisions - Transitional provisions regarding public access and restrictions on reporting

390: Transitional provision regarding terminology in relation to public access and restrictions on reporting

You could also call this:

"Temporary changes to court rules about public access and reporting"

Illustration for Criminal Procedure Act 2011

If an Order in Council is made under section 2(1) before a certain date, some rules will apply. You need to know that until a certain date, section 196(3) will work a bit differently. Instead of referring to section 97 of this Act, it will refer to section 185C of the Summary Proceedings Act 1957.

Until the same date, section 206(1) will also work differently. Normally, it says something about what the Registrar can do, but until the date, it will say something else. The Registrar can do things like adjourn a hearing under section 45A of the Summary Proceedings Act 1957, grant bail under section 28 of the Bail Act 2000, or remand someone in custody under section 46(2) of the Summary Proceedings Act 1957.

Until the date, section 211 will be read as if the offences mentioned in it can be punished through a summary conviction. This means that you will be dealt with in a simpler way, without a jury.

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389: Transitional provision regarding terminology in relation to sentence indication provisions, or

"Temporary change to wording in some law rules while they are being introduced"

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391: Application of amendments made by section 393, or

"New rules apply to old crime cases, even if they started before the rules began."

Part 8Miscellaneous and transitional provisions
Transitional and savings provisions: Transitional provisions regarding public access and restrictions on reporting

390Transitional provision regarding terminology in relation to public access and restrictions on reporting

  1. This section applies if an Order in Council is made under section 2(1) bringing the provisions specified in section 2(1)(c) into force before the date appointed under section 2(2) or provided by section 2(3).

  2. Until the date appointed under section 2(2) or provided by section 2(3), section 196(3) applies as if instead of the reference in that section to section 97 of this Act, there was a reference to section 185C of the Summary Proceedings Act 1957.

  3. Until the date appointed under section 2(2) or provided by section 2(3), section 206(1) applies as if, instead of paragraph (a) of that subsection, there were the following paragraph:

  4. the Registrar—
    1. adjourns the hearing of an information under section 45A of the Summary Proceedings Act 1957; or
      1. grants a defendant bail under section 28 of the Bail Act 2000; or
        1. remands a defendant in custody under section 46(2) of the Summary Proceedings Act 1957; and

        2. Until the date appointed under section 2(2) or provided by section 2(3), section 211 must be read as if the offences prescribed in that section were punishable on summary conviction.