Federal Register of Legislation - Australian Government

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SR 2003 No. 4 Regulations as made
Principal Regulations
Administered by: Home Affairs
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR03-Mar-2003
Tabled Senate03-Mar-2003
Gazetted 13 Feb 2003

Australian Crime Commission Establishment (Transitional Provisions) Regulations 2003

Statutory Rules 2003 No. 41

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Crime Commission Establishment Act 2002.

Dated 6 February 2003

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON


  

  

1              Name of Regulations

                These Regulations are the Australian Crime Commission Establishment (Transitional Provisions) Regulations 2003.

2              Commencement

                These Regulations are taken to have commenced on 1 January 2003.

3              Interpretation

                In these Regulations:

NCA Act means the National Crime Authority Act 1984.

the Act means the Australian Crime Commission Establishment Act 2002.

TI Act means the Telecommunications (Interception) Act 1979.

4              Non-publication direction

         (1)   The CEO may, in writing, vary or revoke a direction made under subsections 25 (9) or 25A (12) of the NCA Act.

         (2)   The CEO must not vary or revoke a direction mentioned in subregulation (1) if doing so might prejudice:

                (a)    the safety or reputation of a person; or

               (b)    the fair trial of a person who has been or may be charged with an offence.

5              Telecommunications interception warrants

         (1)   A warrant issued to the National Crime Authority, under Part VI of the TI Act, authorising the interception of communications for a period beginning before 1 January 2003 and ending on or after that date, is taken to be a warrant:

                (a)    issued to the ACC on 1 January 2003; and

               (b)    authorising the ACC to intercept communications for a period beginning on 1 January 2003, and ending on
7 January 2003 or on the date the warrant expires, whichever occurs first.

         (2)   A warrant issued to the ACC under paragraph (1) (a) is also taken to have been applied for by the ACC.

6              Application of transfer of records provisions

                Without limiting the generality of item 324 of Schedule 1 to the Act, ‘information’ is taken to include:

                (a)    lawfully obtained information within the meaning of section 6E of the TI Act; and

               (b)    designated warrant information within the meaning of section 6EA of that Act.

Note

1.       Notified in the Commonwealth of Australia Gazette on 13 February 2003.