New South Wales Consolidated Acts

AUSTRALIAN CRIME COMMISSION (NEW SOUTH WALES) ACT 2003 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 25)

1 Terms used in this Schedule

(1) In this Schedule:

"NCA investigation" means an investigation under section 5 (4) of the NCA (State Provisions) Act.

"NCA (State Provisions) Act" means the National Crime Authority (State Provisions) Act 1984 .

(2) In this Schedule, a reference to a section of the applied provisions is a reference to a section of the ACC Act that is an applied provision.

2 Certain investigations taken to be special investigations

If an investigation that the ACC is conducting under the applied provisions (the
"ACC investigation" ) relates to a matter into which an NCA investigation had been commenced but not completed before 1 January 2003, the Board of the ACC is taken to have determined, in writing, that the ACC investigation is a special investigation.

3 Assembling and giving evidence obtained by NCA

If:

(a) before 1 January 2003, the National Crime Authority obtained evidence of a kind referred to in section 6 (1) of the NCA (State Provisions) Act, but

(b) the National Crime Authority has not assembled and given the evidence as mentioned in that subsection before 1 January 2003,

4 Limitation on challenges to validity of references

Section 8 of the NCA (State Provisions) Act continues to apply in relation to a reference made under that Act as if that section had not been repealed by this Act.

5 Arrangements to obtain information or intelligence

An arrangement that was in force under section 11 of the NCA (State Provisions) Act immediately before 1 January 2003 has effect as if it had been made under section 18.

6 Things seized under search warrants

If a thing seized pursuant to a warrant under section 12 of the NCA (State Provisions) Act is in the ACC's possession, section 22 (8) and (9) of the applied provisions apply to that thing as if it had been seized pursuant to a warrant under section 22 of the applied provisions.

7 Directions as to publication

(1) If a direction was in force under section 16 (9) of the NCA (State Provisions) Act immediately before 1 January 2003:

(a) the direction has effect, and

(b) section 25A (10), (11) and (14) (b) of the applied provisions apply to the direction as if it were a direction under section 25A (9) of the applied provisions.

(2) Section 25A (12) and (13) of the applied provisions, so far as they relate to the CEO, apply to evidence in relation to which a direction was given under section 16 (9) of the NCA (State Provisions) Act as if it were evidence given before an examiner in relation to which the examiner has given a direction under section 25A (9) of the applied provisions.

8 Disclosure of summons or notice

If a notation made in connection with an NCA investigation was in force under section 18A of the NCA (State Provisions) Act immediately before 1 January 2003:

(a) the notation has effect, and

(b) section 29B of the applied provisions applies to the summons or notice containing the notation, and

(c) if there is an ACC operation/investigation relating to the matter to which the NCA investigation related, section 29A (4) and (5) of the applied provisions apply as if the notation had been made in connection with the ACC operation/investigation.

9 Witness protection

Arrangements that were in effect under section 24 of the NCA (State Provisions) Act immediately before 1 January 2003 have effect as if they had been made under section 34 of the applied provisions.

10 Administrative arrangements in relation to NCA

An arrangement that was in force under section 28 (b) of the NCA (State Provisions) Act immediately before 1 January 2003 has effect as if it had been made under section 19.

11 Secrecy obligations

(1) In this clause:

"former official" means a person who was, at any time, a person to whom section 31 of the NCA (State Provisions) Act applied.

(2) Section 51 (2) and (3) of the applied provisions extend to a former official (whether or not he or she is or has been a person to whom section 51 of the applied provisions applies) as if:

(a) references in section 51 of the applied provisions to this Act or to a corresponding Act of another State included references to the NCA (State Provisions) Act or to a corresponding Act of another State, and

(b) the reference in section 51 (3) (b) of the applied provisions to an investigation carried out by the ACC included a reference to an investigation carried out by the National Crime Authority before 1 January 2003.

12 Validation of administrative actions

The Co-operative Schemes (Administrative Actions) Act 2001 (the
"validation Act" ) applies to administrative actions that have been taken, or have purportedly been taken, under the NCA (State Provisions) Act as if:

(a) the NCA (State Provisions) Act were a relevant State Act for the purposes of the validation Act, and

(b) for the purposes of the validation Act, the "commencement time" in relation to the NCA (State Provisions) Act were the time when section 23 comes into operation.

13 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.