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Schedule 1—Independent Commission Against Corruption of New South Wales

Schedule 1 Independent Commission Against Corruption of New South Wales

Part 1 Definitions

1  Definitions

In this Schedule:

new Commission means the Independent Commission Against Corruption of New South Wales, as constituted by the Independent Commission Against Corruption Act 1988 (NSW) on and after the commencement of the Independent Commission Against Corruption Amendment Act 2016 (NSW).

old Commission means the Independent Commission Against Corruption of New South Wales, as constituted by the Independent Commission Against Corruption Act 1988 (NSW) before the commencement of the Independent Commission Against Corruption Amendment Act 2016 (NSW).

Part 2 Telecommunications (Interception and Access) Act 1979

Division 1—Amendments

Telecommunications (Interception and Access) Act 1979

2  Subsection 5(1) (subparagraph (e)(i) of the definition of certifying officer )

Omit “the Commissioner, or an Assistant Commissioner,”, substitute “the Chief Commissioner, a Commissioner or an Assistant Commissioner”.

3  Subsection 5(1) (paragraph (e) of the definition of chief officer )

Omit “the Commissioner”, substitute “the Chief Commissioner”.

4  Subsection 5AC(6)

Omit “The Commissioner”, substitute “The Chief Commissioner”.

5  Paragraph 68(ea)

Omit “the Commissioner”, substitute “the Chief Commissioner”.

Division 2—Transitional provisions

6  Transitional—warrants issued to the old Commission

A warrant that:

                     (a)  was issued to the old Commission under the Telecommunications (Interception and Access) Act 1979 ; and

                     (b)  was issued before the commencement of this Schedule; and

                     (c)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been issued to the new Commission.

7  Transitional—authorisations made by an authorised officer of the old Commission

An authorisation that:

                     (a)  was made by an authorised officer of the old Commission under Division 4 of Part 4-1 of the Telecommunications (Interception and Access) Act 1979 ; and

                     (b)  was issued before the commencement of this Schedule; and

                     (c)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been made by an authorised officer of the new Commission.

8  Transitional—preservation notices given by the old Commission

A domestic preservation notice that:

                     (a)  was given by the old Commission under the Telecommunications (Interception and Access) Act 1979 ; and

                     (b)  was issued before the commencement of this Schedule; and

                     (c)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been given by the new Commission.

9  Transitional—evidentiary certificates issued by a certifying officer of the old Commission

A written certificate that:

                     (a)  was issued by a certifying officer of the old Commission under section 61, 107U, 130 or 185C of the Telecommunications (Interception and Access) Act 1979 ; and

                     (b)  was issued before the commencement of this Schedule; and

                     (c)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been issued by a certifying officer of the new Commission.

10  Transitional—transfer of information or documents acquired under the Telecommunications (Interception and Access) Act 1979

(1)       This item applies to information and documents that:

                     (a)  are acquired by the old Commission before, on or after the commencement of this Schedule; and

                     (b)  are information or documents of any of the following kinds:

                              (i)  lawfully intercepted information;

                             (ii)  interception warrant information;

                            (iii)  lawfully accessed information;

                            (iv)  preservation notice information;

                             (v)  stored communications warrant information;

                            (vi)  information or documents voluntarily disclosed to the old Commission in accordance with section 177 of the Telecommunications (Interception and Access) Act 1979 ;

                           (vii)  information or documents disclosed under an authorisation made under Part 4-1 of that Act;

                          (viii)  any other information or documents lawfully acquired by the old Commission under that Act.

(2)       Nothing in any law of the Commonwealth prevents the Commissioner of the old Commission from communicating that information or producing those documents to the new Commission on or after that commencement.

Part 3 Surveillance Devices Act 2004

Division 1—Amendments

Surveillance Devices Act 2004

11  Subsection 6A(7) (table item 10)

Repeal the item, substitute:

 

10

Independent Commission Against Corruption of New South Wales

the Chief Commissioner of the Commission

an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW))

(a) the Chief Commissioner; or

(b) a Commissioner; or

(c) an Assistant Commissioner; or

(d) an executive level officer of the Commission whom the chief officer authorises under subsection (5)

Division 2—Transitional provisions

12  Transitional—warrants issued to a law enforcement officer of the old Commission

A warrant that:

                     (a)  was issued under the Surveillance Devices Act 2004 to a law enforcement officer who belonged to or was seconded to the old Commission; and

                     (b)  was issued before the commencement of this Schedule; and

                     (c)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been issued to a law enforcement officer who belonged to or was seconded to the new Commission.

13  Transitional—authorisations given by an appropriate authorising officer of the old Commission

An emergency authorisation or tracking device authorisation that:

                     (a)  was given under the Surveillance Devices Act 2004 by an appropriate authorising officer of the old Commission; and

                     (b)  was given before the commencement of this Schedule; and

                     (c)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been given by an appropriate authorising officer of the new Commission.

14  Transitional—evidentiary certificates issued by an appropriate authorising officer of the old Commission

A written certificate that:

                     (a)  was issued under section 62 of the Surveillance Devices Act 2004 by an appropriate authorising officer of the old Commission, or by a person assisting an appropriate authorising officer of the old Commission; and

                     (b)  was issued before the commencement of this Schedule; and

                     (c)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been issued by an appropriate authorising officer of the new Commission.

15  Transitional—transfer of information or documents acquired under the Surveillance Devices Act 2004

(1)       This item applies to information and documents that:

                     (a)  are acquired by the old Commission before, on or after the commencement of this Schedule; and

                     (b)  are information or documents of any of the following kinds:

                              (i)  protected information;

                             (ii)  any other information or documents lawfully acquired by the old Commission under the Surveillance Devices Act 2004 .

(2)       Nothing in any law of the Commonwealth prevents the Commissioner of the old Commission from communicating that information or producing those documents to the new Commission on or after that commencement.

Part 4 General transitional provisions

16  Transitional—things done or not done by, or in relation to, the old Commission

(1)       For the purposes of a law of the Commonwealth, anything done or not done before the commencement of this Schedule by, or in relation to, a person mentioned in column 1 of an item of the following table, has effect on and after that commencement as if it had been done or not done by, or in relation to, a person mentioned in column 2 of that item of the table.

 

Things done or not done by, or in relation to, the old Commission

Item

Column 1

Column 2

1

The old Commission

The new Commission

2

The Commissioner of the old Commission

The Chief Commissioner of the new Commission

3

An Assistant Commissioner of the old Commission

A Commissioner of the new Commission

(2)       To avoid doubt, a report that is required to be prepared or given under a law of the Commonwealth:

                     (a)  on or after the commencement of this Schedule; and

                     (b)  about a thing done or not done by, or in relation to, a person mentioned in column 2 of an item of the table;

must, to the extent (if any) that the period to be covered by the report occurs before that commencement, cover such a thing done or not done by, or in relation to, a person mentioned in column 1 of that item of the table.

(3)       Division 2 of Part 2 and Division 2 of Part 3 of this Schedule do not limit, and are not limited by, this item.

17  Transitional—transfer of other information or documents

(1)       This item applies to information and documents that are lawfully acquired by the old Commission before, on or after the commencement of this Schedule.

(2)       Nothing in any law of the Commonwealth prevents the Commissioner of the old Commission from communicating that information or producing those documents to the new Commission on or after that commencement.

(3)       Items 10 and 15 of this Schedule do not limit, and are not limited by, this item.

18  Transitional—Minister may make rules

(1)       The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

                     (a)  the amendments or repeals made by this Schedule; or

                     (b)  the abolition of the old Commission (so far as it is relevant to an Act amended by this Schedule); or

                     (c)  the establishment of the new Commission (so far as it is relevant to an Act amended by this Schedule).

(2)       To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.