National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022
29Transitional—search warrants under the Proceeds of Crime Act 2002
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29 Transitional—search warrants under the Proceeds of Crime Act 2002
(a) a search warrant issued by a magistrate under section 225 of the Proceeds of Crime Act 2002 had not expired and had not been fully executed before the transition time; and
(b) the warrant had been issued on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.
(2) The warrant has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.
30 Transitional—surveillance device, retrieval and computer access warrants under the Surveillance Devices Act 2004
(1) This item applies if one of the following warrants issued by an eligible Judge or a nominated AAT member on application by a law enforcement officer of the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:
(a) a surveillance device warrant issued under subsection 16(1) of the Surveillance Devices Act 2004 (including such a warrant as extended or varied under section 19 of that Act);
(b) a retrieval warrant issued under subsection 24(1) of that Act;
(c) a computer access warrant issued under subsection 27C(1) of that Act (including such a warrant as extended or varied under section 27F of that Act).
(2) The warrant has effect, after the transition time, as if it had been issued on application by a law enforcement officer who is a staff member of the NACC.
31 Transitional—emergency and tracking device authorisations under the Surveillance Devices Act 2004
(1) This item applies if one of the following authorisations given by an appropriate authorising officer of the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:
(a) an emergency authorisation given under Part 3 of the Surveillance Devices Act 2004;
(b) a tracking device authorisation given under section 39 of that Act.
(2) The authorisation has effect, after the transition time, as if it had been given by an appropriate authorising officer of the National Anti‑Corruption Commission.
32 Transitional—warrants under the Telecommunications (Interception and Access) Act 1979
(1) This item applies if one of the following warrants issued to the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:
(a) an interception warrant issued under section 46, 46A or 48 of the Telecommunications (Interception and Access) Act 1979;
(b) a stored communications warrant issued under section 116 of that Act;
(c) a journalist information warrant issued under section 180T of that Act.