Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 42

Transitional provisions-Surveillance Devices (Amendment) Act 2004

42. Transitional provisions-Surveillance Devices (Amendment) Act 2004



(1) An existing surveillance device warrant that was in force immediately
before the commencement day continues in force on and after that day in
accordance with its terms as if it were a surveillance device warrant issued
under section 17 as in force on and after the commencement day.

(2) An existing retrieval warrant that was in force immediately before the
commencement day continues in force on and after that day in accordance with
its terms as if it were a retrieval warrant issued under section 20E as in
force on and after the commencement day.





(3) An existing emergency authorisation (violence or damage) that was in force
immediately before the commencement day continues in force on and after that
day in accordance with its terms as if it were an emergency authorisation
given under section 26 as in force on and after the commencement day.

(4) An existing emergency authorisation (drugs) that was in force immediately
before the commencement day continues in force on and after that day in
accordance with its terms as if it were an emergency authorisation given under
section 27 as in force on and after the commencement day.

(5) Sections 28 to 30A (as substituted by the Surveillance Devices (Amendment)
Act 2004) apply to an existing emergency authorisation unless a report has
been furnished to the court before the commencement day under section 28 (as
in force immediately before that day) in respect of the authorisation.

(6) A warrant or emergency authorisation may be issued or given under this Act
as in force on and after the commencement day in relation to an offence that
was committed before the commencement day.

(7) In this section-

commencement day means the day on which section 18 of the Surveillance Devices
(Amendment) Act 2004 comes into operation; existing emergency authorisation
means an existing emergency authorisation (drugs) or an existing emergency
authorisation (violence or damage); existing emergency authorisation (drugs)
means an emergency authorisation given under section 26 as in force
immediately before the commencement day on a ground referred to in section
25(1)(a)(ii) as in force at that time; existing emergency authorisation
(violence or damage) means an emergency authorisation given under section 26
as in force immediately before the commencement day on a ground referred to in
section 25(1)(a)(i) as in force at that time; existing retrieval warrant means
a retrieval warrant issued under section 17 as in force immediately before the
commencement day; existing surveillance device warrant means a warrant (other
than a retrieval warrant) issued under section 17 as in force immediately
before the commencement day. ---------------

ENDNOTES

1. General Information Minister's second reading speech- Legislative Assembly:
25 March 1999 Legislative Council: 5 May 1999 The long title for the Bill for
this Act was "A Bill to regulate the installation, use and maintenance of
surveillance devices and restrict the publication of information gained from
their use, to repeal the Listening Devices Act 1969, to amend the Evidence Act
1958 and for other purposes." The Surveillance Devices Act 1999 was assented
to on 18 May 1999 and came into operation as follows: Part 1 (sections 1-5) on
18 May 1999: section 2(1); rest of Act on 1 January 2000: section 2(3). 2.
Table of Amendments This Version incorporates amendments made to the
Surveillance Devices Act 1999 by Acts and subordinate instruments.
------------------------------------------------------------- Drugs, Poisons
and Controlled Substances (Amendment) Act 2001, No. 61/2001 Assent Date:
23.10.01 Commencement Date: S. 16(2) on 1.1.02: s. 2(2) Current State: This
information relates only to the provision/s amending the
Surveillance Devices Act 1999 National Crime Authority (State Provisions)
(Amendment) Act 2002, No. 18/2002 Assent Date: 21.5.02 Commencement Date: S.
24 on 22.5.02: s. 2 Current State: This information relates only to the
provision/s amending the Surveillance Devices Act 1999 Criminal Justice
Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002 Assent Date:
18.6.02 Commencement Date: S. 28(Sch. item 6) on 19.6.02: s. 2(1) Current
State: This information relates only to the provision/s amending the
Surveillance Devices Act 1999
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003 Assent
Date: 16.6.03 Commencement Date: S. 52(Sch. 1 item 11) on 16.10.03: Government
Gazette 16.10.03 p. 2624 Current State: This information relates only to the
provision/s amending the Surveillance Devices Act 1999 Fisheries (Amendment)
Act 2003, No. 56/2003 Assent Date: 16.6.03 Commencement Date: Ss 8-10 on
17.6.03: s. 2 Current State: This information relates only to the provision/s
amending the Surveillance Devices Act 1999 Crimes (Money Laundering) Act 2003,
No. 104/2003 Assent Date: 9.12.03 Commencement Date: S. 7 on 10.12.03: s. 2(2)
Current State: This information relates only to the provision/s amending the
Surveillance Devices Act 1999 Surveillance Devices (Amendment) Act 2004, No.
26/2004 (as amended by Nos 63/2004 (as amended by Nos 87/2005, 27/2006),
27/2006) Assent Date: 25.5.04 Commencement Date: Ss 4-18 on 1.7.06: Government
Gazette 29.6.06 p. 1315 Current State: This information relates only to the
provision/s amending the Surveillance Devices Act 1999

Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004 (as
amended by No. 29/2006) Assent Date: 12.10.04 Commencement Date: Ss 9-11 on
16.11.04: Special Gazette (No. 237) 16.11.04 p. 1; s. 12 on 1.7.06: Government
Gazette 29.6.06 p. 1314 Current State: This information relates only to the
provision/s amending the Surveillance Devices Act 1999
Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04
Commencement Date: S. 117(1)(Sch. 3 item 195) on 5.4.05: Government Gazette
31.3.05 p. 602 Current State: This information relates only to the provision/s
amending the Surveillance Devices Act 1999 Legal Profession (Consequential
Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S.
18(Sch. 1 item 104) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current
State: This information relates only to the provision/s amending the
Surveillance Devices Act 1999 Statute Law (Further Revision) Act 2006, No.
29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 36) on 7.6.06:
s. 2(1) Current State: This information relates only to the provision/s
amending the Surveillance Devices Act 1999 Surveillance Devices (Workplace
Privacy) Act 2006, No. 70/2006 Assent Date: 19.9.06 Commencement Date: S. 3 on
1.7.07: s. 2 Current State: This information relates only to provision/s
amending the Surveillance Devices Act 1999
------------------------------------------------------------- 3. Explanatory
Details No entries at date of publication.

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Surveillance Devices Act 1999 No. 21 of 1999