New South Wales Consolidated Acts

NEW SOUTH WALES CRIME COMMISSION ACT 1985 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Section 38)

Part 1 - Regulations

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

New South Wales Crime Commission Amendment Act 1996

Investigative Bodies Legislation Amendment Act 1997

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.

(3) To the extent that a provision referred to in subclause (1) takes effect from a date that is earlier than its date of 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 the person existing before the date of 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 publication.

(4) A provision referred to in subclause (1) may, if the regulations so provide, have effect despite any other clause of this Schedule.

Part 2 - Provisions relating to enactment of State Drug Crime Commission (Further Amendment) Act 1988

1A References to relevant drug activities

(1) On and from the commencement of this clause, a reference in any document to a relevant drug activity is to be read as a reference to a relevant criminal activity.

(2) This clause is taken to have commenced on 1 January 1989 (the date of commencement of Schedule 1 to the State Drug Crime Commission (Further Amendment) Act 1988 ).

(3) Subclauses (1) and (2) re-enact (with minor modification) clause 2 of Schedule 2 to the State Drug Crime Commission (Further Amendment) Act 1988 . Subclauses (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

Part 3 - Provisions relating to enactment of New South Wales Crime Commission Amendment Act 1996

2 Definitions

In this clause:
"amending Act" means the New South Wales Crime Commission Amendment Act 1996 .
"Chairperson" means Chairperson within the meaning of this Act as in force immediately before the amendment to section 5 made by the amending Act.

3 Meaning of relevant offence

The amendment made by the amending Act to the definition of "relevant offence" in section 3 extends to offences that may have been committed before the commencement of the amendment.

4 Existing Chairperson

(1) A person who, immediately before the commencement of the amendment to section 5 made by the amending Act, held office as Chairperson:

(a) ceases to hold office as Chairperson on that commencement, and

(b) holds office, subject to this Act, as Commissioner for the remainder of the person’s office as if appointed as Commissioner under section 5A.

(2) A reference in any other Act, in an instrument made under an Act or in any document, to the Chairperson (to the extent that it relates to acts, matters or things occurring after the commencement of the amendment to section 5 made by the amending Act) is to be read as a reference to the Commissioner.

5 Existing members other than Chairperson

A person who, immediately before the commencement of the amendment to section 5 made by the amending Act, held office as a member of the Commission other than the Chairperson:

(a) ceases to hold office as such on that commencement, and

(b) is not entitled to any remuneration or compensation because of the loss of that office.

6 Identity and status of Commission and certain acts not affected

(1) The amendment to section 5 made by the amending Act relating to the membership of the corporation constituted by this Act does not affect the identity or continuing status of that corporation.

(2) Sections 17A and 17B extend to a person:

(a) who was required to do any act by a notice under section 17 as in force immediately before the commencement of the amendments made to section 17 by the amending Act, and

(b) who had not, before that commencement, claimed to be entitled to refuse to produce a document or thing that the person was required to produce by that notice.

(3) Except to the extent provided by this Part, a provision of this Act, as in force immediately before its amendment by the amending Act, continues to apply to and in respect of anything to which it then applied.

Part 4 - Provisions relating to enactment of Schedule 3 to Investigative Bodies Legislation Amendment Act 1997

7 Definition

In this Part, "amending Act" means the Investigative Bodies Legislation Amendment Act 1997 .

8 Secrecy of identity and location of witness

A reference in section 13, as amended by the amending Act, to a person who has given evidence includes a reference to a person who has given evidence before the commencement of that amendment.

9 Conditional release

(1) Section 18AB only applies to any release ordered on or after the commencement of that section.

(2) Section 18AC only applies to any decision, failure or order made or occurring on or after the commencement of that section.