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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Surveillance Devices Amendment
(Validation) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Surveillance Devices Act 2007 No 64 2
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2009
New South Wales
Surveillance Devices Amendment
(Validation) Bill 2009
Act No , 2009
An Act to amend the Surveillance Devices Act 2007 to validate certain warrants
granted under the Listening Devices Act 1984.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Surveillance Devices Amendment (Validation) Bill 2009
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Surveillance Devices Amendment (Validation) Act 2009.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Surveillance Devices Act 2007 No 64
Schedule 1 Savings, transitional and other provisions
Insert after clause 6:
Part 3 Validation of certain listening device
warrants
7 Validation
(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repealed Act means the Listening Devices Act 1984 as in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device granted under the repealed Act.
(2) The instrument made under section 3A of the repealed Act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
Page 2
Surveillance Devices Amendment (Validation) Bill 2009 Clause 3
(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.
Page 3
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