CRIMES (ASSUMED IDENTITIES) ACT 2004 - SECT 37 Transitional provisions—Independent Broad-based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012

CRIMES (ASSUMED IDENTITIES) ACT 2004 - SECT 37

    (1)     On and from the commencement day, an authority to acquire or use an assumed identity granted by the Director or the Director's delegate to an authorised officer continues in force despite the amendments to this Act by the Integrity and Accountability Legislation Amendment Act 2012 if that authorised officer is employed by the IBAC on that day.

    (2)     An authority referred to in subsection (1) is taken to be an authority granted by the Commissioner.

    (3)     An authorised officer in respect of whom an authority referred to in subsection (1) is continued is taken to be a prescribed IBAC Officer for the purposes of that authority only.

    (4)     On and from the commencement day, an authority to acquire or use an assumed identity granted by the Director or the Director's delegate to an authorised civilian that is in force immediately before that day—

        (a)     subject to section 7, continues in force in accordance with its terms (unless cancelled sooner); and

        (b)     is taken to have been granted by the Commissioner; and

        (c)     the Commissioner is taken to be the supervisor in respect of that authority.

    (5)     If, before the commencement day, the Director had not prepared the report required by section 31 for the financial year ending before the commencement day, the Commissioner must prepare that report.

    (6)     If, before the commencement day, the Director had not conducted the audit required by section 33, the Commissioner must conduct that audit as if the authority was granted by the Commissioner.

    (7)     In this section—

"commencement day" means the day on which section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation;

"Director" means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal.

S. 38 inserted by No. 44/2022 s. 89.