Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 6   Unfitness to plead

Crimes Act 1914

3   Transitional provision

(1) If appeal proceedings were started under section 570C of the Crimes Act 1958 of Victoria before the repeal of that section but those proceedings (including any proceedings for orders under subsection 570C(2) of that Act following the allowing of the appeal) were not completed before that repeal:

(a) section 20BI of the Crimes Act 1914 does not apply in relation to the finding that was the subject of the appeal proceedings, despite item 2; and

(b) the following provisions of the Crimes Act 1958 of Victoria, as in force immediately before their repeal by the Criminal Procedure Act 2009 of Victoria, continue to apply (as laws of the Commonwealth) in relation to the finding despite that repeal:

(i) section 570C;

(ii) section 570A as applied by section 570C;

(iii) other provisions so far as they relate to section 570C or section 570A as applied by section 570C.

Note 1: Before their repeal those provisions applied because of section 68 of the Judiciary Act 1903.

Note 2: Section 570C of the Crimes Act 1958 of Victoria provided for appeals to the Court of Appeal of Victoria from a finding by a jury in proceedings in the Trial Division of the Supreme Court of Victoria or in the County Court of Victoria that the accused was not fit to stand trial.

Note 3: Section 570C of the Crimes Act 1958 of Victoria provided for appeals by applying section 570A of that Act with modifications. Other provisions of that Act (such as section 570D and Division 3 of Part VI) related to appeals to the Court of Appeal (including appeals under section 570C of that Act).

(2) An instrument in force for the purposes of any of those provisions immediately before the repeal described in paragraph (1)(b) of the provision continues in force (despite that repeal) for the purposes of that provision as it continues to apply because of that paragraph.