Document ID: chunk:federal_register_of_legislation:C2010A00143:clause:1_2
Version: federal_register_of_legislation:C2010A00143
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 13667–15347

2  Transitional—fines
(1) This item applies if, before commencement, a warrant of apprehension has been issued in relation to a fine under section 112 of the old law.
(2) This item does not apply if the liability to pay the fine has been fully discharged (whether because of payment of the fine, remission of the fine, service of a term of imprisonment in relation to the fine, the grant of a pardon in respect of the relevant offence, or otherwise).
(3) The new law has effect in relation to the fine as if the fine had been imposed after commencement.
(4) If, immediately before commencement:
 (a) a warrant of apprehension or commitment is in effect under Part 7 of the old law in relation to the fine—the warrant ceases to have effect immediately after commencement; and
 (b) proceedings under Part 7 of the old law in relation to the fine have not been finally determined—the proceedings must not be continued after commencement; and
 (c) a person is remanded on bail under Part 7 of the old law in relation to the fine—the person must be released as soon as practicable after commencement, unless the person is on remand for some other cause; and
 (d) a person is serving a period of imprisonment, or is in custody, under Part 7 of the old law in relation to the fine—the person must be released as soon as practicable after commencement unless the person is in custody for some other cause.
(5) In this item:
commencement means the commencement of this Schedule.
new law means the Service and Execution of Process Act 1992 as in force immediately after commencement.
old law means the Service and Execution of Process Act 1992 as in force immediately before commencement.