Federal Register of Legislation - Australian Government

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SLI 2005 No. 293 Regulations as made
These Regulations ensure that any telecommunications interception warrants or surveillance device warrants that were issued before 6 December 2005 and continue to operate after that date can be used to collect evidence of both offences under section 233B of the Customs Act 1901 (the old offences) and the corresponding new offences in Division 307 of Part 9.1 of the Criminal Code.
Administered by: Attorney-General's
Registered 06 Dec 2005
Tabling HistoryDate
Tabled Senate07-Dec-2005
Tabled HR07-Dec-2005
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Transitional Regulations 20051

Select Legislative Instrument 2005 No. 293

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005.

Dated 6 December 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON


  

  

1              Name of Regulations

                These Regulations are the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Transitional Regulations 2005.

2              Commencement

                These Regulations commence on the day they are registered.

3              Definitions

                In these Regulations:

Act means the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005.

old law has the meaning given by item 75 of Schedule 1 to the Act.

surveillance device warrant means a warrant issued under section 16 of the Surveillance Devices Act 2004:

                (a)    that refers to an offence against the old law; and

               (b)    that is in force immediately before the commencement of Schedule 1 to the Act.

telecommunications interception warrant means a warrant issued under section 45 or 45A of the Telecommunications (Interception) Act 1979:

                (a)    that refers to an offence against the old law; and

               (b)    that is in force immediately before the commencement of Schedule 1 to the Act.

4              Transitional arrangements — warrants (Act, Schedule 1, item 76)

                A surveillance device warrant or a telecommunications interception warrant continues in force, in accordance with its terms, as if:

                (a)    a reference in the warrant to a provision of the old law were a reference to the old law as applied by item 75 of Schedule 1 to the Act; and

               (b)    a reference in the warrant to a provision of the Customs Act 1901 mentioned, or including a provision mentioned, in column 2 of an item in the table included a reference to any of the provisions of the Criminal Code mentioned in column 3 of the item.

 

Item

Customs Act 1901 provision

Criminal Code provision

1

Section 233B

Sections 307.1 to 307.10

2

Subsection 233B (1)

Sections 307.1 to 307.10

3

Subparagraph 233B (1) (a) (ii)

Sections 307.1 to 307.4

4

Subparagraph 233B (1) (a) (iii)

Sections 307.1 to 307.4

5

Subparagraph 233B (1) (a) (iv)

Sections 307.5 to 307.7

6

Subparagraph 233B (1) (a) (vi)

Sections 307.8 to 307.10

7

Subsection 233B (1AAC)

Sections 307.1 to 307.4

8

Subparagraph 233B (1AAC) (a) (i)

Sections 307.1 to 307.4


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.