New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 144)
(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.
(1) The PIC may exercise any of its functions under this Act in relation to anything done or omitted to be done by, to or in relation to the Police Royal Commission (including, for example, the punishment of contempt of the Police Royal Commission).
(2) Without limiting subclause (1) or any other power of the PIC, the PIC may continue any investigation or other matter commenced but not completed by the Police Royal Commission, and may for this purpose adopt any evidence taken or assessments made by the Police Royal Commission.
(3) Accordingly, this Act has effect, for the purposes of this clause, with any necessary adaptations and with such modifications as may be prescribed by the regulations.
(1) An order, arrangement or direction in force under section 26 (or a direction in force under section 27) of the Royal Commission (Police Service) Act 1994 immediately before a Police Royal Commissioner discharges his or her functions under the Royal Commission issued to him or her continues in force under that Act despite that discharge and without the need for a further Royal Commission that provides that that Act is to apply to the Commission.
(2) After the commencement of this subclause, whether or not there is a Royal Commission in force that provides that the Royal Commission (Police Service) Act 1994 is to apply to the Commission, the PIC Commissioner has the same powers as a Police Royal Commissioner would have if a Police Royal Commissioner were to have functions under that Act:(a) to make an order, arrangement or direction under section 26 of that Act or a direction under section 27 of that Act, and(b) to vary or revoke such an order, arrangement or direction, whether made by a Police Royal Commissioner or the PIC Commissioner.
(3) The PIC Commissioner has the powers referred to in subclause (2) in respect of a person whether or not an order, arrangement or direction was in force in respect of the person under the Royal Commission (Police Service) Act 1994 before the commencement of that subclause.
(1) In this clause:
"dissemination" of a record includes permanently parting with the possession of the record itself or any part of it.
"possession" includes custody or control.
"record" includes any document or thing (including a videotape, audiotape, computer disk, computer tape, computer program, or other electronic material), and includes any information contained in it.
"transferred record" means any record of the Police Royal Commission that was in the possession of the Police Royal Commissioner or any officer of the Police Royal Commission and that has come, whether before or after the commencement of this clause, into the possession of the PIC, but does not include a record or class of records that is prescribed by the regulations as excluded from this clause.
(2) A transferred record is taken at all times and for all purposes to have come lawfully into the possession of the PIC, and the possession of the record by the PIC is taken for all purposes to be lawful.
(3) The dissemination of a transferred record, or of information in a transferred record, in purported compliance with a direction of the Police Royal Commissioner under section 30 of the Royal Commission (Police Service) Act 1994 before the commencement of this clause is taken at all times and for all purposes to be lawful.
(4) Section 56 applies and is taken always to have applied to information in a transferred record as if the information had been acquired by reason of, or in the course of, the exercise of functions under this Act.
(5) Accordingly, and without affecting subclause (3), information comprised in a transferred record is capable, and is taken always to have been capable, of being divulged under section 56 as if the information had been acquired by reason of, or in the course of, the exercise of functions under this Act, and any such divulging of information is taken for all purposes to be lawful.
(6) No civil or criminal liability attaches to, or is taken to have attached to, any person in connection with any act or omission involved in:(a) the giving of such possession to the PIC, or the receiving of such possession by the PIC, as referred to in subclause (2), or(b) the dissemination of such a transferred record, as referred to in subclause (3), or(c) the divulging of such information, as referred to in subclause (5).
(7) This clause has effect despite section 30 of the Royal Commission (Police Service) Act 1994 .
(8) In the application of section 56 (3) to a transferred record, a reference in that subsection to a prosecution or disciplinary proceedings is taken to include a reference to a prosecution or disciplinary proceedings instituted, whether before or after the commencement of this clause, as a result of the Police Royal Commission’s inquiry (as referred to in section 30 (3) of the Royal Commission (Police Service) Act 1994 ).
(8A) A reference in subclause (8) to disciplinary proceedings includes a reference to action under Part 9 of the Police Act 1990 .
(9) Without affecting the generality of section 56 of this Act and section 30 of the Royal Commission (Police Service) Act 1994 , it is expressly declared that a reference in those sections and in this clause to the divulging of information, so far as the reference is applicable to information comprising or contained in a transferred record, includes and is taken always to have included a reference to the dissemination of the record.
(10) Nothing in this clause:(a) prevents a transferred record from being disposed of or otherwise dealt with in any manner that would be available if this clause had not been enacted, or(b) affects the operation of the Telecommunications (Interception) (New South Wales) Act 1987 .
In this Part:
"amending Act" means the Police Legislation Amendment Act 1996 .
"new Part 8A" means Part 8A of the Police Act 1990 as substituted by the
amending Act.
"old Part 8A" means Part 8A of the Police Act 1990 as in force before the
substitution of Part 8A by the amending Act.
(1) The new Part 8A extends to conduct that occurred after the commencement of the Police Regulation (Allegations of Misconduct) Act 1978 and before the commencement of the new Part 8A.
(2) Anything duly done under the old Part 8A is taken to have been duly done under the corresponding provision of the new Part 8A.
(3) Without limiting subclause (2), a complaint duly made under the old Part 8A and subsisting at the time of its repeal by the amending Act is taken to have been duly made under the new Part 8A.
(4) A reference in section 124 of the Police Act 1990 to a complaint already made in accordance with that Act is taken to include a reference to a complaint made in accordance with that Act before the commencement of the new Part 8A.
(5) This clause has effect subject to the regulations under this Schedule.
In this Part, "amending Act" means the Investigative Bodies Legislation Amendment Act 1997 .
(1) Section 39A only applies to any release ordered on or after the commencement of that section.
(2) Section 39B only applies to any decision, failure or order made or occurring on or after the commencement of that section.
A reference in section 52, 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.
A reference in section 112 (3), as inserted by the amending Act, to a person who is in detention includes a reference to a person in detention at the commencement of that subsection even if the person was detained before that commencement.
(1) The power, contained in section 120A, to release an offender detained under section 120 may be exercised in relation to an offender already in detention at the commencement of section 120A or detained at any time afterwards.
(2) Section 120B only applies to any decision, failure or order made or occurring on or after the commencement of that section.
In this Part:
"amendments" means the amendments made to clause 5 of Schedule 1 to this Act
by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999 .
"relevant date" means the date of commencement of the amendments.
(1) The amendments extend to a person who is the holder of the office of Commissioner immediately before the relevant date.
(2) Until a determination is made under the Statutory and Other Offices Remuneration Act 1975 , clause 5 of Schedule 1, as in force immediately before the relevant date, continues to apply to a person who is the holder of the office of Commissioner.
(3) Any provision specifying the Commissioner’s remuneration in the instrument of appointment, or any determination, under clause 5 of Schedule 1 (as in force immediately before the relevant date) that is applicable to the Commissioner ceases to have effect when a determination is first made under the Statutory and Other Offices Remuneration Act 1975 .
In this Part:
"amending Act" means the Police Integrity Commission Amendment Act 2006 .
(1) Except as provided by subclause (2), the amendments made to this Act by the amending Act concerning the detection and investigation of corrupt conduct of administrative officers or former administrative officers extend to conduct that occurred (or is alleged to have occurred) before the relevant commencement day.
(2) This Act (as in force immediately before the relevant commencement day) continues to apply to the investigation of a complaint about the conduct of an administrative officer that was made before that day.
(3) In this clause, "relevant commencement day" means the day on which Schedule 1 [4] to the amending Act commences.
(1) The amendment made to section 141 (4) by Schedule 1 [23] to the amending Act applies to offences committed (or alleged to have been committed) on or after the commencement of that amendment.
(2) Section 141 (4), as in force immediately before the commencement of Schedule 1 [23] to the amending Act, continues to apply to offences committed (or alleged to have been committed) before that commencement.
Sections 70 and 71, as substituted by the Police Amendment (Miscellaneous) Act 2006 , and section 74, as amended by that Act, apply to complaints made before the commencement of those sections and that amendment.
Section 74, as amended by the Police Amendment Act 2007 , applies to complaints made before the commencement of that amendment.
Section 141, as amended by the Statute Law (Miscellaneous Provisions) Act (No 2) 2007 , does not apply in respect of any alleged offence under section 26 that occurred before that section was so amended.
In this Part:
"amending Act" means the Police Integrity Commission Amendment (Crime
Commission) Act 2008 .
The amendments made to this Act by the amending Act concerning the detection and investigation of misconduct of Crime Commission officers or former Crime Commission officers extend to conduct that occurred (or is alleged to have occurred) before the commencement of the amending Act.
(1) The amendments made to this Act by the amending Act do not affect any matter relating to the New South Wales Crime Commission or a Crime Commission officer that was being dealt with by the ICAC before the commencement of the amending Act.
(2) Any such existing matter cannot be referred by the ICAC to another person or body under section 53 of the Independent Commission Against Corruption Act 1988 . However, nothing in this subclause prevents the ICAC from referring, in accordance with that section, any other matter that arises out of its dealing with the existing matter.
Any arrangement made under section 131 and in force immediately before the commencement of the amending Act is taken to be an arrangement in force under that section as amended by the amending Act.
Section 137A (as inserted by the Police Integrity Commission Amendment Act 2012 ) does not apply to reports prepared before the commencement of that section.