South Australian Current Acts South Australian Current ActsSchedule 1—Transitional provision
Part 7—Transitional provisions
In this Part—
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 .
14—Certain investigations taken to be special investigations
If an ACC State 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 State
investigation is a special investigation.
15—Assembling and giving evidence obtained by the 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 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.
16—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a reference made under that Act as if that section had not been repealed by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.
17—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 40.
18—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 29(10) and (11) apply
to that thing as if it had been seized pursuant to a warrant under
section 29.
19—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 18(10), (11) and (14)(b) apply to the direction as if it were a
direction under section 18(9).
(2)
Section 18(12) and (13), 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 18(9).
20—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 22 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 21(4) and (5) apply as if the notation
had been made in connection with the ACC operation/investigation.
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 26.
22—Administrative arrangements in relation to the 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 42.
(1) In this
section—
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 44(2)
and (3) extend to a former official (whether or not he or she is or has been a
person to whom section 44 applies) as if—
(a)
references in section 44 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 44(3)(b) 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.
24—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 still 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 Part 6 of this
Schedule comes into operation.
(1) If there is no
sufficient provision in this Part for dealing with a transitional matter,
regulations may prescribe all matters that are required, necessary or
convenient to be prescribed in relation to that matter.
(2) In
subclause (1)—
transitional matter includes a savings or application matter.
(3) If regulations
made under subclause (1) provide that a state of affairs specified or
described in the regulations is to be taken to have existed, or not to have
existed, at and from a day that is earlier than the day on which the
regulations are published in the Gazette but not earlier than 1 January 2003,
the regulations have effect according to their terms.
(4) Regulations that
contain a provision referred to in subclause (3) cannot be made more than
12 months after the day on which Part 6 of this Schedule comes into operation.
(5) If regulations
contain a provision referred to in subclause (3), the provision does not
operate so as to—
(a)
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 day of
publication of those regulations; or
(b)
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 day of
publication of those regulations.