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Act index » Schedule 4 - Savings and transitional provisions (Section 439)
12 Witnesses
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(1)Part 8.2 applies to a hearing in a criminal proceeding if the hearing commences on or after the commencement day.
(2)Sections 37A, 37B, 37C, 37CAA, 37CA, 37D and 37E and Division 3AA of Part II of the Evidence Act 1958 as in force immediately before the commencement day continue to apply to a hearing in a criminal proceeding if the hearing commenced before the commencement day and—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.
(3)If an application for leave under Rule (2) in section 37A(1) of the Evidence Act 1958 has been given to the DPP but not determined before the commencement day, on and from the commencement day the application is taken to have been filed and served under section 344 of this Act.
(4)If a transcript of a recording of the evidence-in-chief of a witness for the prosecution has been served under section 37B(3)(a) of the Evidence Act 1958 before the commencement day, on and from the commencement day the transcript is taken to have been served under section 368 of this Act.
(5)If a special hearing is held under section 41G of the Evidence Act 1958 before the commencement day and the evidence is presented at trial on or after that day, on and from the commencement day the special hearing is taken to have been conducted under Division 6 of Part 8.2 of this Act.
(a)an accused has been committed for trial in respect of a charge for an offence under Subdivision (8EAA) of Division 1 of Part I of the Crimes Act 1958; or
(b)an accused has been presented for trial on such a charge without the holding of a committal proceeding—
section 371 of this Act does not apply to the holding of a special hearing in relation to the charge on or after the commencement day.