Schedule 2 - Part 1

Schedule 2

Transitional Provisions

Part 1 — General

1 Definitions

In this Schedule—

commencement day means the day this Act (other than Part 1 and the Dictionary) commences.

2 Application of this Act on commencement day

(1) Except as otherwise provided by this Schedule, this Act applies to any proceeding (within the operation of section 4) commenced on or after the commencement day.

(2) Except as otherwise provided by this Schedule, in the case of any proceeding (within the operation of section 4) that commenced before the commencement day, this Act applies to that part of the proceeding that takes place on or after the commencement day, other than any hearing in the proceeding that commenced before the commencement day and—

(a) continued on or after the commencement day; or

(b) was adjourned until the commencement day or a day after the commencement day.

3 Application of section 128A

Section 128A does not apply to an order made before the commencement day that would, if it were made after the commencement day, be a disclosure order within the meaning of that section.

4 Application of Part 3.10 to disclosure requirements

(1) Part 3.10 does not apply in respect of—

(a) a process or order of the court that requires the disclosure of information or a document issued or ordered before the commencement day that would, if it were issued or ordered after the commencement day, be a disclosure requirement within the meaning of section 131A; or

(b) a summons or subpoena issued on or after the commencement day to give evidence or produce documents at a hearing to which clause 2(2)(a) or (b) applies.

(2) Despite subclause (1)(a), Part 3.10 applies to a summons or subpoena to give evidence issued before the commencement day if the evidence is to be given at a hearing to which this Act applies.

5 Identifications already carried out

(1) Section 114 does not apply in relation to an identification made before the commencement day.

(2) Section 115 does not apply in relation to an identification made before the commencement day.

6 Documents and evidence produced before commencement day by processes, machines and other devices

(1) Section 146 has effect on and from the commencement day with respect to the production of a document or thing that occurred before the commencement day.

(2) Section 147 has effect on and from the commencement day with respect to the production of a document that occurred before the commencement day.

7 Documents attested and verified before the commencement day

(1) Section 148 has effect on and from the commencement day with respect to the attestation, verification, signing or acknowledgement of a document that occurred before the commencement day.

(2) Section 149 has effect on and from the commencement day with respect to the attestation or signing of a document that occurred before the commencement day.

8 Matters of official record published before the commencement day

(1) Section 153 has effect on and from the commencement day with respect to the publication of a document referred to in that section that occurred before the commencement day.

(2) Section 154 has effect on and from the commencement day with respect to the publication of a document referred to in that section that occurred before the commencement day.

(3) Section 155 has effect on and from the commencement day with respect to the signing and sealing or certification of a document referred to in that section that occurred before the commencement day.

(4) Section 156 has effect on and from the commencement day with respect to the sealing or certification of a document referred to in that section that occurred before the commencement day.

(5) Section 157 has effect on and from the commencement day with respect to the sealing or signing of a document referred to in that section that occurred before the commencement day.

(6) Section 158 has effect on and from the commencement day with respect to the sealing or signing and sealing of a public document referred to in that section that occurred before the commencement day.

(7) Section 159 has effect on and from the commencement day with respect to the publication of a document referred to in that section that occurred before the commencement day.

9 Agreed facts

The reference in section 191(3)(a) to an agreement is taken on and from the commencement day to include a reference to an agreement entered into before the commencement day under section 149AB(3) of the Evidence Act 1958, as in force immediately before its repeal.

10 Application of Act to improperly or illegally obtained evidence

Section 139 does not apply in relation to a statement made or an act done before the commencement day.