New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends 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.
In this
Part--
"repealed Act" means the Listening Devices Act 1984 .
(1) A warrant in force under Part 4 of the repealed Act immediately before the repeal of section 16 of that Act continues in force on and after that repeal in accordance with its terms as if it were a surveillance device warrant issued under this Act.
(2) Section 16A (Retrieval of listening device after expiry of warrant) of the repealed Act applies to and in respect of a warrant referred to in subclause (1) as if it had not been repealed.
(1) An application for a warrant under Part 4 of the repealed Act made, but not determined, immediately before the repeal of section 16 of that Act is to continue to be dealt with under the repealed Act as if that Act had not been repealed.
(2) A warrant issued under subclause (1) has effect in accordance with its terms as if it were a surveillance device warrant issued under this Act.
(3) Section 16A (Retrieval of listening device after expiry of warrant) of the repealed Act applies to and in respect of a warrant referred to in subclause (1) as if it had not been repealed.
A warrant may be issued, or emergency authorisation given, under this Act in relation to a relevant offence that is alleged to have been committed before the commencement of this clause.
Part 5 of this Act does not apply to information obtained, or a record made, by the use before the commencement of this clause of a listening device under a warrant or authority issued under the repealed Act.
(1) In this Part--
"relevant period" means the period commencing on 3 March 2008 and ending on 7 March 2008 (inclusive).
"repealed Act" means the Listening Devices Act 1984 as in force immediately before 1 August 2008.
"warrant" means a warrant authorising the use of a listening device granted under the repealed Act.
(2) The instrument made under section 3A of the repealed Act on 10 March 2008 that declared The Honourable Justice Lucy McCallum (the
"Judge" ) to be an eligible Judge for the purposes of that Act is taken to have been made on 3 March 2008.
(3) Accordingly--(a) any warrant purporting to have been granted by the Judge during the relevant period that, but for subclause (2), would have been invalid only because it had not been granted by a person who was an eligible Judge is taken at the time it was granted and at all relevant times after it was granted to have been a valid warrant granted by an eligible Judge, and(b) any evidence obtained, directly or indirectly, as a result of the use of a listening device pursuant to such a warrant is not rendered inadmissible only because the warrant was granted in those circumstances, and(c) section 3A(4) of the repealed Act is taken to have applied during the relevant period in respect of any function exercised by the Judge in respect of such a warrant.
In this Part--
"amending Act" means the Surveillance Devices Amendment (Statutory Review)
Act 2018 .
"commencement day" means the day on which the amending Act commences.
An application for a warrant made but not decided before the commencement day is to be determined as if the amending Act had not commenced.
Section 24(2A) extends to a warrant issued before the commencement day.
In this Part--
"amended" , in relation to a provision, means the provision as in force on and
from the date this clause commences.
"amending Act" means the Crimes Legislation Amendment Act 2021 .
"previous" , in relation to a provision, means the provision as in force
before the date this clause commenced.
(1) This clause applies to an application for a surveillance device warrant made under section 17, but not decided, before the date this clause commenced.
(2) Despite the amending Act--(a) amended section 17 does not apply in relation to the application, and(b) previous section 17 continues to apply in relation to the application.