Endnotes

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Legislative Assembly: 4 December 2008

Legislative Council: 5 February 2009

The long title for the Bill for this Act was "A Bill for an Act to provide for procedures for the initiation and conduct of criminal proceedings and appeals in criminal proceedings, to amend the Crimes Act 1958, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Magistrates' Court Act 1989, the Children, Youth and Families Act 2005, the Sentencing Act 1991 and the Appeal Costs Act 1998 and to repeal the Crimes (Criminal Trials) Act 1999 and for other purposes."

Legislative Assembly: 4 December 2008

Legislative Council: 5 February 2009

Legislative Assembly: 5 February 2009

Legislative Council: 26 February 2009

The Criminal Procedure Act 2009 was assented to on 10 March 2009 and came into operation as follows:

Chapter 1 (sections 1–4) on 11 March 2009: section 2(1); sections 5–436, 438, 439 on 1 January 2010: Government Gazette 10 December 2009 page 3215; section 437 never proclaimed, repealed by No. 30/2010 section 73.

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).

This publication incorporates amendments made to the Criminal Procedure Act 2009 by Acts and subordinate instruments.

1 S. 255(5)(ab): The amendment proposed by section 64 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022 (repealed) is not included in this publication because the words "or the Prothonotary of the Supreme Court" do not appear in section 255(5)(ab). Section 64 reads as follows—

64 How appeal is commenced

In section 255(5)(ab) of the Criminal Procedure Act 2009, for "or the Prothonotary of the Supreme Court" insert ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires,".