Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Historical version for 1 July 2011 to 29 September 2011 (accessed 27 November 2014 at 22:45) Current version
Schedule 5

Schedule 5 Savings, transitional and other provisions

(Section 241)

Part 1 General

1   Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Crimes Legislation Further Amendment Act 2003 (but only to the extent that it amends this Act)

Law Enforcement Legislation Amendment (Public Safety) Act 2005

Crimes Legislation Amendment (Gangs) Act 2006

Police Powers Legislation Amendment Act 2006

APEC Meeting (Police Powers) Act 2007

Law Enforcement (Powers and Responsibilities) Amendment Act 2007

Law Enforcement and Other Legislation Amendment Act 2007

Summary Offences and Law Enforcement Legislation Amendment (Laser Pointers) Act 2008 (but only to the extent that it amends this Act)

Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009

Criminal Organisations Legislation Amendment Act 2009

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 Provisions consequent on enactment of this Act

2   Definitions

In this Schedule:

repealed provision means a provision repealed by Schedule 3 or 4.

3   General savings

(1)  Any act, matter or thing done or omitted to be done under a repealed provision and having any force or effect immediately before the commencement of a provision of this Act that replaces the repealed provision is, on that commencement, taken to be done under a corresponding provision of this Act.
(2)  Subclause (1) does not apply:
(a)  to the extent that its application would be inconsistent with another provision of this Schedule or a provision of a regulation in force under clause 1, or
(b)  to the extent that its application would be inappropriate in a particular case.

4   Construction of references to repealed provisions

(1)  Except as provided by this clause, a reference in any other Act, in any instrument made under any other Act or any other instrument of any other kind to a repealed provision is to be read as a reference to the provision of this Act that, having regard to the nature of the reference and the context in which the reference occurs, most nearly corresponds to the repealed provision.
(2)  The regulations may provide that a reference in any such instrument or a specified instrument to a repealed provision is to be read as a reference to another specified instrument (or a specified provision of such an instrument).

5   References to authorised justices

A reference in any other Act, in any instrument made under any other Act or any other instrument of any other kind to an authorised justice under the Search Warrants Act 1985 is to be read as a reference to an authorised officer within the meaning of this Act.

6   Property currently held in police custody

Any property held in police custody immediately before the commencement of this clause is to be dealt with in accordance with the appropriate provisions of Part 17.

7   Monitoring of certain powers by Ombudsman

(1)  The following provisions (the monitoring provisions) are taken to continue in force and to apply as provided by this clause:
(a)  section 72E, Firearms Act 1996,
(b)  section 13, Police Powers (Drug Detection Dogs) Act 2001,
(c)  section 21, Police Powers (Drug Premises) Act 2001,
(d)  section 43, Police Powers (Internally Concealed Drugs) Act 2001,
(e)  section 16, Police Powers (Vehicles) Act 1998.
(2)  The Ombudsman may, in respect of the period referred to in a monitoring provision, exercise functions under that monitoring provision relating to the powers conferred on police by, or the operation of:
(a)  provisions that are referred to in the monitoring provision, and
(b)  any provisions of this Act that re-enact the provisions so referred to.

Part 3 Provisions consequent on enactment of Crimes Legislation Further Amendment Act 2003

8   Extension of telephone crime scene warrants

Section 73, as amended by the Crimes Legislation Further Amendment Act 2003, extends to telephone crime scene warrants issued before the commencement of the amendments to that section made by that Act.

Part 4 Provisions consequent on enactment of Police Powers Legislation Amendment Act 2006

9   Destruction of finger-prints and palm-prints

(1)  Section 137A, as inserted by the Police Powers Legislation Amendment Act 2006, extends to finger-prints and palm-prints taken before the commencement of that section.
(2)  In section 138A (3), a reference to finger-prints and palm-prints taken under section 138A includes a reference to finger-prints and palm-prints taken under section 353AC of the Crimes Act 1900 before that section was transferred to this Act.

Part 5 Provisions consequent on enactment and repeal of APEC Meeting (Police Powers) Act 2007

10   Definitions

In this Part:

APEC Act means the APEC Meeting (Police Powers) Act 2007.

APEC meeting has the same meaning as it had in the APEC Act immediately before its repeal.

Police Minister means the Minister administering the Police Act 1990.

11   Effect of repeal of APEC Act

(1)  The repeal of the APEC Act does not affect the continued operation in relation to matters arising before the repeal of that Act of:
(a)  section 8 (Orders under Part not open to challenge) of that Act, or
(b)  any other exemption or immunity from, or limitation of, liability under that Act,
as in force before that repeal.
Note. The APEC Act is to be repealed on 13 September 2007 by section 41 of that Act.
(2)  The provisions of subclause (1) are in addition to, and do not derogate from, section 30 of the Interpretation Act 1987.
Note. Section 30 of the Interpretation Act 1987 provides that the repeal of an Act or statutory rule does not, among other things, affect the previous operation of the Act or statutory rule or anything duly suffered, done or commenced under the Act or statutory rule or affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act or statutory rule.

12   Report on APEC Act by Commissioner of Police

(1)  The Commissioner of Police is to report to the Attorney General and Police Minister on the exercise of powers by police officers under the APEC Act. The report is to be provided within 3 months after the repeal of that Act.
(2)  The report is to specify the following matters:
(a)  the terms of any order designating an area to be an additional declared area or a restricted area and the period during which it had effect,
(b)  a general description of the powers exercised pursuant to the APEC Act and the manner in which they were exercised,
(c)  a description of the result of the exercise of those powers,
(d)  the number of complaints that are made under any Act about conduct relating to the exercise of any power conferred on police officers by the APEC Act and the number of those complaints that are, or have been, the subject of an investigation under any Act,
(e)  any other matters requested by the Attorney General or the Police Minister.

13   Review of APEC Act by Attorney General and Police Minister

(1)  The Attorney General and the Police Minister are to review the APEC Act to determine whether the policy objectives of that Act were met and whether the terms of that Act remain appropriate for future meetings or events comparable to an APEC meeting.
(2)  The review is to be undertaken as soon as possible after the Commissioner has provided the Attorney General and the Police Minister with the Commissioner’s report on the APEC Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within the period of 6 months after the repeal of the APEC Act.
(4)  If a House of Parliament is not sitting when the Attorney General or Police Minister seeks to table the report, the Attorney General or Police Minister may present the report to the Clerk of the House concerned.
(5)  The report:
(a)  is, on presentation and for all purposes, taken to have been laid before the House, and
(b)  may be printed by authority of the Clerk of the House, and
(c)  if so printed, is for all purposes taken to be a document published by or under the authority of the House, and
(d)  is to be recorded:
(i)  in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and
(ii)  in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by the Clerk.

Part 6 Provisions consequent on enactment of Law Enforcement (Powers and Responsibilities) Amendment Act 2007

14   Changes to search warrant provisions

An amendment made to Part 5 by the Law Enforcement (Powers and Responsibilities) Amendment Act 2007 does not apply to a warrant issued before the commencement of the amendment.

Part 7 Provisions consequent on enactment of Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009

15   Definition

In this Part:

amending Act means the Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009.

16   Changes to search warrant provisions

A provision of Part 5, as amended by the amending Act, does not apply to or in respect of a search warrant issued before the commencement of the amendment of that provision. Part 5, as in force immediately before the amendment, continues to apply to and in respect of such a search warrant.
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