If:
(a) before 1 January 2003, the National Crime Authority obtained evidence of a kind referred to in section 6(1) of the NCA (Territory Provisions) Act ; but
(b) the National Crime Authority had not assembled and given the evidence as mentioned in that subsection before 1 January 2003,
section 34(1) applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.