South Australian Numbered Acts

CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009 (NO 7 OF 2009) - SCHEDULE 1

Schedule 1—Repeal and transitional provisions

Part 1—Interpretation

1—Interpretation

        (1)         In this Schedule—

commencement day means the day on which this Schedule comes into operation.

        (2)         A reference in an Act, a statutory instrument or any other instrument or document to an undercover operation approved under the Criminal Law (Undercover Operations) Act 1995 is to be read as a reference to an undercover operation approved under this Act and is to be construed accordingly.

Part 2—Repeal of Criminal Law (Undercover Operations) Act 1995

2—Repeal of Criminal Law (Undercover Operations) Act 1995

The Criminal Law (Undercover Operations) Act 1995 is repealed.

Part 3—Transitional provisions

3—Approved undercover operations

An undercover operation that was approved under the repealed Act immediately before the commencement day will be taken to be an undercover operation approved under Part 2.

4—Assumed identities

        (1)         An authority to use an assumed identity granted in accordance with the policies and procedures of SA Police to a member of SA Police that was in force immediately before the commencement day will be taken, for the period referred to in subclause (2), to be an authority granted under Part 3 to use the assumed identity.

        (2)         The period is from the start of the commencement day until the earlier of the following:

            (a)         the day on which cancellation of the authority under Part 3 takes effect; or

            (b)         6 months after the commencement day.

        (3)         Nothing in this clause prevents the law enforcement officer from applying for and being granted an authority under Part 3 in relation to the assumed identity.

        (4)         An authority may be granted under Part 3 in relation to criminal activity occurring before, on or after the commencement day.

5—Witness identity protection

        (1)         A witness identity protection certificate may be given under Part 4 in relation to interstate proceedings (within the meaning of that Part) that is commenced on or after the commencement day.

        (2)         An interstate witness identity protection certificate may be filed under Part 4 in proceedings in this State that is commenced on or after the commencement day.