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
Date of repeal 26 Feb 2020
Repealed by Australian Crime Commission Establishment Regulations 2020

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.