CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 60 Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012
CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 60
Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012(1) An authority granted by the Director that was in force immediately before the commencement day is taken on and from the commencement day to be an authority granted by the Commissioner.
(2) A law enforcement participant identified in a formal authority or an urgent authority granted by the Director before the commencement day who is employed by the IBAC on the commencement day continues to be a participant in the controlled operation on and from the commencement day.
(3) A law enforcement participant identified in a formal authority or an urgent authority granted by the Director before the commencement day who is a member of Victoria Police or member of the police force or police service (however described) of another jurisdiction, who is seconded to the Office of Police Integrity immediately before the commencement day, on and from the commencement day—
(a) continues to be a participant in the controlled operation; and
(b) is taken to be a law enforcement officer in relation to the IBAC for the purposes of that authority only.
(4) A civilian participant identified in a formal authority or an urgent authority granted by the Director before the commencement day who is engaged by the IBAC on the commencement day continues to be a participant in the controlled operation on and from the commencement day.
(5) If, before the commencement day, the Director had not included details of an authorised operation that was conducted on behalf of an agency in a report submitted under section 38, the Commissioner must include the details relating to that operation that are required by that section in the first report submitted under that section after the commencement day.
(6) If, before the commencement day, the Special Investigations Monitor had not prepared the report required by section 39 in respect of any law enforcement agency for the financial year ending before the commencement day—
(a) the Victorian Inspectorate must
prepare that report; and
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(b) for that purpose, the Victorian Inspectorate must take into account any report provided by a chief officer to the Special Investigations Monitor under section 38 as in force immediately before its amendment by the Integrity and Accountability Legislation Amendment Act 2012 .
(7) If, before the commencement day, the Special Investigations Monitor had commenced but not completed an inspection under section 42, the Victorian Inspectorate must complete that inspection.
(8) In respect of any controlled operation commenced but not completed before the commencement day, the controlled operation may continue as if it were authorised by the IBAC.
(9) 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.
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