Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_377:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 377 (pt 1/2)
Character Range: 608736–611491

377  Provisions affecting the Criminal Procedure Act 2007 (Norfolk Island)
(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:
 (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;
 (b) the other provisions of that Act apply in relation to proceedings instituted on or after that commencement.
(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:
 (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;
 (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.
(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).
(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):
 (a) paragraph (b) of the definition of less serious violent offence in section 166;
 (b) subsections 168(1) and (2).
(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.
(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person's lawyer, as soon as practicable after that commencement.
(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act