South Australian Current Acts South Australian Current ActsSchedule 1—Repeal and transitional provisions
Part 4—Repeal
and transitional provisions
4—Repeal and transitional provisions
(1) The
Listening and Surveillance Devices Act 1972 is repealed (the repealed Act
).
(2) A warrant issued
under the repealed Act in force immediately before the commencement of this
Part will continue in force in accordance with its terms for the period for
which it was issued under the repealed Act until it expires or is cancelled
(whichever occurs earlier).
(3) Despite any other
provision of this Act, if, immediately before the commencement of this Part,
an investigating agency is lawfully using a tracking device to determine the
geographical location of a person, vehicle or thing in relation to the
investigation of a matter by the agency, section 7 will be taken not to
apply in relation to the use of the device for a period of 6 months after
the commencement of this Part.
(4) Any evidence
obtained directly or indirectly as a result of the use of a tracking device in
circumstances referred to in subclause (3) is not inadmissible in any
proceedings merely because the evidence was obtained before the commencement
of this Part.
(5) Any evidence
obtained directly or indirectly as a result of the use of a listening or
surveillance device in accordance with the repealed Act is not inadmissible in
any proceedings merely because the evidence was obtained before the
commencement of this Part.
(6) A notice under
section 8 of the repealed Act in force immediately before the
commencement of this Part will be taken to be a notice under section 36
of this Act and will have effect according to its terms.
(7) The consent of the
Minister given under section 8 of the repealed Act in force immediately
before the commencement of this Part will be taken to be consent of the
Minister given under section 36 of this Act and will have effect
according to its terms.