Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Australian Federal Police Act 1979
1 Division 2 of Part II
Repeal the Division.
2 Transitional and saving provision
Despite the repeal of Division 2 of Part II of the Australian Federal Police Act 1979 by item 1 of this Schedule:
(a) any warrant issued under that Division and in force immediately before the day of that repeal remains in force, according to its terms, after that day as if that Division had not been repealed; and
(b) any consent by a Judge of a court created by the Parliament to be nominated by the Minister under subsection 12D(2) of the Australian Federal Police Act 1979 , being a consent that is in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a consent to be declared by the Minister to be an eligible Judge under subsection 12(3) of the Surveillance Devices Act 2004 ; and
(c) any nomination by the Minister of a Judge of a court created by the Parliament as a Judge who may issue warrants under section 12G of the Australian Federal Police Act 1979 , being a nomination that was in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a nomination of that Judge as an eligible Judge for the purposes of section 12 of the Surveillance Devices Act 2004 ; and
(d) any nomination by the Minister of a person holding an appointment referred to in subsection 12DA(1) of the Australian Federal Police Act 1979 , being a nomination that was in force immediately before the day of that repeal, is taken, with effect from that day, to be a nomination of that person for the purposes of section 13 of the Surveillance Devices Act 2004 .
3 Operation of Division 2 of Part II of the Australian Federal Police Act 1979 preserved for limited purposes
Despite the repeal of Division 2 of Part II of the Australian Federal Police Act 1979 by item 1 of this Schedule, that Division is to be treated as continuing to apply in relation to the use of listening devices in respect of offences against the law of the Australian Capital Territory as if:
(a) the Division had not been repealed; and
(b) the definitions of class 1 general offence and class 2 general offence and the definition of general offence were limited to offences against the law of the Australian Capital Territory; and
(c) for the purposes of the continued operation of section 12L of the Australian Federal Police Act 1979 :
(i) sections 219F to 219K of the Customs Act 1901 had not been repealed; and
(ii) references in section 12L of the Australian Federal Police Act 1979 to general offences, class 1 general offences or class 2 general offences were to be construed as if limited to offences against the law of the Australian Capital Territory.
5 Division 1A of Part XII
Repeal the Division.
6 Transitional and saving provision
Despite the repeal of Division 1A of Part XII of the Customs Act 1901 by item 5 of this Schedule:
(a) any warrant issued under that Division and in force immediately before the day of that repeal remains in force, according to its terms, after that day as if that Division had not been repealed; and
(b) any consent by a Judge of a court created by the Parliament to be nominated by the Minister under subsection 219AA(1) of the Customs Act 1901 , being a consent that is in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a consent to be declared by the Minister to be an eligible Judge under subsection 12(3) of the Surveillance Devices Act 2004 ; and
(c) any nomination by the Minister of a Judge of a court created by the Parliament as a Judge who may issue warrants under that Division, being a nomination that was in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a nomination of that Judge as an eligible Judge for the purposes of section 12 of the Surveillance Devices Act 2004 ; and
(d) any nomination by the Minister of a person holding an appointment referred to in subsection 219AB(1) of the Customs Act 1901 , being a nomination that was in force immediately before the day of that repeal, is taken, with effect from that day, to be a nomination of that person for the purposes of section 13 of the Surveillance Devices Act 2004 .