SURVEILLANCE DEVICES ACT 1999 - SECT 42 Transitional provisions—Surveillance Devices (Amendment) Act 2004

SURVEILLANCE DEVICES ACT 1999 - SECT 42

    (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.

S. 42A inserted by No. 13/2013 s. 43.