Victorian Current Acts

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SURVEILLANCE DEVICES ACT 1999 - SECT 43

Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012

    (1)     An application made by an Office of Police Integrity law enforcement officer before the commencement day under Subdivision 2 or Subdivision 3 of Division 1 of Part 4, or under Division 2 of Part 4, that was not determined before that day is taken, on and from that commencement day, to be an application made by an IBAC law enforcement officer.

    (2)     Any warrant issued to an Office of Police Integrity law enforcement officer before the commencement day under Subdivision 2 or Subdivision 3 of Division 1 of Part 4, or any order made under Division 2 of Part 4 on the application of an Office of Police Integrity law enforcement officer, on and from the commencement day

        (a)     remains in force; and

        (b)     may be dealt with according to its terms by an IBAC law enforcement officer as if it had been issued to, or made on the application of, that IBAC law enforcement officer.

    (3)     A surveillance device warrant issued to an Office of Police Integrity law enforcement officer before the commencement day may be revoked under section 20A on and from the commencement day

        (a)     as if it had been issued to an IBAC law enforcement officer; and

        (b)     as if a reference in that section to the chief officer of the law enforcement agency in relation to that warrant were a reference to the Commissioner; and

        (c)     in relation to a surveillance device warrant referred to in section 20A(2) , the Commissioner must revoke the warrant in accordance with that subsection.

    (4)     If a surveillance device warrant to which section 20B applies was issued to an Office of Police Integrity law enforcement officer before the commencement day, on and from the commencement day

        (a)     that section applies as if the warrant had been issued to an IBAC law enforcement officer; and

        (b)     a reference in that section to the chief officer of the law enforcement agency in relation to that warrant is taken to be a reference to the Commissioner.

    (5)     A retrieval warrant issued to an Office of Police Integrity law enforcement officer before the commencement day may be revoked under section 20H on and from the commencement day

        (a)     as if it had been issued to an IBAC law enforcement officer; and

        (b)     as if a reference in that section to the chief officer of the law enforcement agency in relation to that warrant were a reference to the Commissioner; and

        (c)     in relation to a retrieval warrant referred to in section 20H(3), the Commissioner must revoke the warrant in accordance with that subsection.

    (6)     An authorisation given under Division 3 of Part 4 by an Office of Police Integrity senior officer before the commencement day, on and from that commencement day

        (a)     remains in force; and

        (b)     may be dealt with according to its terms as if it were issued by an IBAC senior officer.

    (7)     An application made under section 28 by an Office of Police Integrity senior officer before the commencement day that was not determined before that day is taken, on and from that commencement day, to be an application made by an IBAC senior officer.

    (8)     On and from the commencement day, any obligation under section 30K relating to a warrant issued to an Office of Police Integrity law enforcement officer that had not been discharged before the commencement day must be discharged by an IBAC law enforcement officer in accordance with that section.

    (9)     On and from the commencement day, any obligation under section 30L relating to the Office of Police Integrity that had not been discharged before the commencement day must be discharged by the Commissioner in accordance with that section.

    (10)     If, before the commencement day, the Special Investigations Monitor had commenced but not completed an investigation under section 30P, the Victorian Inspectorate must complete the investigation in accordance with that section.

    (11)     If, before the commencement day, the Special Investigations Monitor had not completed its reporting obligations under section 30Q, the Victorian Inspectorate must complete the reporting obligations in accordance with that section.

    (12)     In this section, "commencement day" means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.

S. 44 inserted by No. 82/2012 s. 141.



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