SCHEDULE 1 - Transitional Prov SCHEDULE 1 - Transitional Provisions

Section 53

1.   Terms used in this Schedule

In this Schedule –

NCA investigation means an investigation under section 5(4) of the NCA (State Provisions) Act;

NCA (State Provisions) Act means the National Crime Authority (State Provisions) Act 1985 .

2.   Certain investigation taken to be special investigations

If an ACC State investigation relates to a matter into which an NCA investigation had been commenced but not completed before 1 January 2003, the Board of the ACC is taken to have determined, in writing, that the ACC State investigation is a special investigation.

3.   Assembling and giving evidence obtained by the NCA

If –

(a) before 1 January 2003, the National Crime Authority obtained evidence of a kind referred to in subsection (1) of section 6 of the NCA (State Provisions) Act; but

(b) the National Crime Authority had not assembled and given the evidence as mentioned in that subsection before 1 January 2003 –

section 34(1) applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.

4.   Limitation on challenges to validity of references

Section 8 of the NCA (State Provisions) Act continues to apply in relation to a reference made under that Act as if that section had not been repealed by this Act.

5.   Arrangements to obtain information or intelligence