New South Wales Consolidated Acts

TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

Part 1 - General

1 Regulations

(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 on the NSW legislation website, 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.

(4) To avoid doubt, a regulation made for the purposes of this clause may exclude or otherwise modify the operation of any provision of this Schedule as well as any other provision of this Act.

(5) Without limiting subclause (4), a regulation made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.

Part 2 - Provisions consequent on enactment of Justice Legislation Amendment Act (No 2) 2018

2 Application of amendments

(1) An amendment to this Act made by the amending Act extends to proceedings that were begun (but had not yet been determined) before the amendment commenced.

(2) Without limiting subclause (1)--

(a) an application that was made under section 60 (but had not yet been determined) before the substitution of that section by the amending Act may be determined by reference to the section as substituted and the definition of
"terrorism intelligence" in section 4 (1) (as amended by the amending Act), and

(b) if access to terrorism intelligence had not yet been provided under section 60 before its substitution, it may be provided by reference to section 60 as substituted, and

(c) any order made by the Supreme Court under section 60 in force immediately before the substitution of the section continues in force as an order under that section as substituted, and

(d) any agreement in force under section 60 immediately before the substitution of the section continues in force as an agreement under that section as substituted.

(3) However, section 68 and clause 10H in Part 6 of Table 2 of Schedule 1 to the Criminal Procedure Act 1986 , as in force immediately before the amendment of section 68 by the amending Act, continue to apply in respect of offences against section 60 committed before the commencement of the amendment.

(4) In this clause--

"amending Act" means the Justice Legislation Amendment Act (No 2) 2018 .

Part 3 - Provisions consequent on enactment of Community Protection Legislation Amendment Act 2018

3 Application of amendments

(1) The following provisions apply in respect of the repeal of section 60, and the enactment of Division 5.3 of this Act, by the amending Act--

(a) if access to terrorism intelligence had not yet been provided under section 60 before its repeal, it may be provided by reference to that Division,

(b) any order made by the Supreme Court under section 60 in force immediately before its repeal continues in force as an order under section 59F (as inserted by the amending Act),

(c) any agreement in force under section 60 immediately before its repeal continues in force as an agreement under section 59E (as inserted by the amending Act).

(2) Section 71A (as inserted by the amending Act) extends to information that was provided, and expert reports created, before its commencement.

(3) Subject to clause 2 (3) of this Schedule, section 68 and clause 10H in Part 6 of Table 2 of Schedule 1 to the Criminal Procedure Act 1986 , as in force immediately before the amendment of section 68 by the amending Act, continue to apply in respect of offences against the former section 60 committed before the commencement of the amendment.

(4) In this clause--

"amending Act" means the Community Protection Legislation Amendment Act 2018 .