SCHEDULE 1 - Transitional Provisions

Section 53

1.    Terms used in this Schedule

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 1985 .

2.    Certain investigation 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.

3.    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 subsection (1) of section 6 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.

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Provisions) Act continues to apply in relation to a reference made under that Act as if that section had not been repealed by this Act.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 40 .

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 29(10) and (11) apply to that thing as if it had been seized pursuant to a warrant under section 29 .

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 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) .

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 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.

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 26 .

10.    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 41 .

11.    Secrecy obligations

(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.

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 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 section 55 commences.

13.    Transitional regulations

(1) If there is no sufficient provision in this Schedule 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 section 55 commences.

(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.