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WORKPLACE SURVEILLANCE ACT 2005 - SCHEDULE 1

WORKPLACE SURVEILLANCE ACT 2005 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 47)

Part 1 - Preliminary

1 Regulations

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

Part 2 - Provisions consequent on enactment of this Act

2 Definition

In this Part:


"repealed Act" means the Workplace Video Surveillance Act 1998 .

3 Covert surveillance authorities under repealed Act

A covert surveillance authority in force under Part 3 of the repealed Act immediately before the repeal of section 9 of that Act (or issued pursuant to clause 4 of this Schedule) is taken to be a covert surveillance authority issued under this Act.

4 Pending applications for covert surveillance authorities under repealed Act

An application for a covert surveillance authority pending under Part 3 of the repealed Act immediately before the repeal of section 9 of that Act is to continue to be dealt with under the repealed Act as if that Act had not been repealed.

5 Use of surveillance records

(1) Section 37 (Covert surveillance records may be used or disclosed for relevant purpose only) of this Act does not apply to surveillance information obtained, or a surveillance record made, in respect of surveillance that took place before the commencement of that section.
(2) Section 8 (Offence of using recording obtained by video surveillance for irrelevant purpose) of the repealed Act continues to apply despite the repeal of that section to and in respect of surveillance that took place before the repeal of that section.