Investigative Bodies Legislation Amendment Act 1997 (NSW)
New South Wales Investigative Bodies Legislation
Amendment Act 1997 No 60
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Police Integrity Commission Act 1996 No 28 2 4 Amendment of Royal Commission (Police Service) Act 1994 No 60 2 5 Amendment of New South Wales Crime Commission Act 1985 No 117 2 6 Amendment of Independent Commission Against
Corruption Act 1988 No 35 2 Schedules
1 Amendment of Police Integrity Commission Act 1996 3 2 Amendment of Royal Commission (Police Service) Act 1994 11
Investigative Bodies Legislation Amendment Act 1997 No 60
Contents
Page
3 Amendment of New South Wales Crime Commission
Act 1985 15 4 Amendment of Independent Commission Against
Corruption Act 1988 18
Contents page 2
New South Wales
Investigative Bodies Legislation
Amendment Act 1997 No 60
Act No 60, 1997
An Act to amend the Police Integrity Commission Act 1996, the Royal Commission (Police Service) Act 1994, the New South Wales Crime Commission Act 1985 and the Independent Commission Against Corruption Act 1988 with respect to the conditional release of witnesses and contemnors, the protection of witnesses and other matters. [Assented to 2 July 1997]
Section 1 Investigative Bodies Legislation Amendment Act 1997 No 60 The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Investigative Bodies Legislation Amendment Act
1997.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Police Integrity Commission Act 1996 No 28
The Police Integrity Commission Act 1996 is amended as set out
in Schedule 1.
4 Amendment of Royal Commission (Police Service) Act 1994 No 60
The Royal Commission (Police Service) Act 1994 is amended as set out in Schedule 2.
5 Amendment of New South Wales Crime Commission Act 1985 No 117
The New South Wales Crime Commission Act 1985 is amended as set out in Schedule 3.
6 Amendment of Independent Commission Against Corruption Act 1988 No 35
The Independent Commission Against Corruption Act 1988 is amended as set out in Schedule 4.
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Police Integrity Commission Act 1996 Schedule 1 Schedule 1 Amendment of Police Integrity
Commission Act 1996
(Section 3)
[1] Section 11 Delegation
Insert “or 5” after “Division 4” in section 11 (4) (b). [2] Section 39 Arrest of witness
Omit “custody” from section 39 (6).
Insert instead “a prison or elsewhere”.[3] Section 39 (6)
Omit “Commission” where secondly occurring.
Insert instead “Commissioner”.[4] Sections 39A and 39B
Insert after section 39:
39A Conditional release of witness
(1) The release of a witness by order of the Commissioner under section 39 (6) may (but need not) be made subject to one or more of the following conditions (or to any other conditions): that the witness appear and report himself or herself before the Commission in accordance with the terms of the order unless excused from attendance or until released from further attendance by the person presiding at the relevant hearing of the Commission, and
attendance of the witness before the Commission conditions for the purpose of ensuring the further (for example the provision of sureties by the witness, the surrender of any passport held by the witness, a requirement as to where the witness is to live and regular reporting by the witness to the Commission).
(2) From time to time, the Commissioner may by order
amend, revoke or add to those conditions.Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 1 Amendment of Police Integrity Commission Act 1996 39B Review by Supreme Court
A witness who has not been released by the Commissioner under section 39 (6) or whose release under that subsection is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the witness or of the terms of one or more of those conditions.
The Supreme Court may affirm or set aside a decision by the Commissioner not to release the witness or any condition imposed by the Commissioner on the release of the witness. The Supreme Court may also or instead make any order that the Commissioner may make in
relation to the detention or release of the witness. The Court may
I do so also where the Commissioner has not made any decision within a reasonable time on the release of the witness. Commissioner.
Such an order is taken to be an order of the
[5] Section 43 Legal and financial assistance for witness
Insert after section 43 (4):
(5) The Attorney General may delegate one or more of his or her functions under this section to the Director-General of the Attorney General’s Department.
[6] Section 51 Protection of witnesses and persons assisting Commission
Omit section 51 (5). Insert instead:
(5) Orders
Any such arrangements may (but need not) involve the
Commissioner making orders applying to a specified
person for the purpose of protecting the safety of a
person referred to in subsection (1) or of protecting such
a person from intimidation or harassment. Such an order
is not limited to directions of a kind referred to in
subsection (3).Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 1 Amendment of Police Integrity Commission Act 1996 [10] Section 106 (3)
Insert after subsection (2):
(3) A person who without reasonable excuse fails to comply with a condition to which the release of the person under section 39 (6) or 120A is subject, is guilty of an offence. Maximum penalty: 20 penalty units or imprisonment for
2 years, or both.
[11] Section 112 Preventing witness from attending and threats to witnesses
Insert after section 112 (2):
(3) A reference in subclause (1) to a person who has been summoned to attend as a witness before the Commission includes a reference to a person who is in detention under a warrant under section 39 (6) or who, having been released under that subsection on condition that the person appear and report himself or herself before the Commission, is still subject to that condition.
[12] Section 118 Contempt
Insert after section 118 (1) (a): (aa) having been released under section 39 (6) on condition (under section 39A (1) (a)) that the person appear and report himself or herself before the Commission, fails so to appear and report, or
[13] Section 119 Punishment of contempt
Insert “(or failure to appear and report as a witness in accordance with a condition of release)” after “summons” in section 119 (5).
[14] Section 120 General provisions regarding contempt
Insert “in a prison or elsewhere” after “custody” in section 120
(3) (a).
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Police Integrity Commission Act 1996 Schedule 1
[15] Sections 120A and 120B Insert after section 120:
120A Conditional release of offender
The Commissioner may by order release an offender detained under section 120 at any time before the offender is brought before the Supreme Court.
The release must be subject to the condition that the offender appear before the Supreme Court.
The release may (but need not) be made subject to:
(a)
one or more conditions for the purpose of ensuring the appearance of the offender before the Supreme Court (for example the provision of sureties by the offender, the surrender of any passport held by the offender, a requirement as to where the offender is to live and regular reporting by the offender to the Commission), and
(b) any other conditions.
amend, revoke or add to those conditions. From time to time, the Commissioner may by order
120B Review by Supreme Court
(1) An offender who has not been released by the Commissioner under section 120A or whose release under that section is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the offender or of the terms of one or more of those conditions.
(2)
The Supreme Court may affirm or set aside a decision by the Commissioner not to release the offender or any condition imposed by the Commissioner on the release of the offender. The Supreme Court may also or instead make any order that the Commissioner may make in
Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 1 Amendment of Police Integrity Commission Act 1996 relation to the detention or release of the offender. The Court may do so also where the Commissioner has not made any decision within a reasonable time on the release of the offender.
(3) Such an order is taken to be an order of the
Commissioner.
Section 130 Functions of PIC where other public officials involved
Omit “public officials who are not” from section 130 (2).
Schedule 3 Savings, transitional and other provisions
Omit clause 1 (1). Insert instead:
(1)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
Police Legislation Amendment Act 1996
Investigative Bodies Legislation Amendment Act 1997
Schedule 3, Part 2 heading
Omit the heading. Insert instead:
Part 2 Continuity with Police Royal Commission
Schedule 3, clause 2A Insert after clause 2: 2A Continuing protection of witnesses
(1)
An order, arrangement or direction in force under section 26 (or a direction in force under section 27) of the Royal Commission (Police Service) Act I994 immediately before a Police Royal Commissioner discharges his or
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Police Integrity Commission Act 1996 Schedule 1 her functions under the Royal Commission issued to him or her continues in force under that Act despite that discharge and without the need for a further Royal Commission that provides that that Act is to apply to the Commission.
(2) After the commencement of this subclause, whether or not there is a Royal Commission in force that provides that the Royal Commission (Police Service) Act 1994 is to apply to the Commission, the PIC Commissioner has the same powers as a Police Royal Commissioner would have if a Police Royal Commissioner were to have functions under that Act:
(a) to make an order, arrangement or direction under section 26 of that Act or a direction under section 27 of that Act, and (b) to vary or revoke such an order, arrangement or direction, whether made by a Police Royal Commissioner or the PIC Commissioner. (3) The PIC Commissioner has the powers referred to in subclause (2) in respect of a person whether or not an order, arrangement or direction was in force in respect of the person under the Royal Commission (Police Service) Act 1994 before the commencement of that subclause. [20] Schedule 3 , Part 4
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Schedule 1 to Investigative Bodies
Legislation Amendment Act 19975 Definition
In this Part, amending Act means the Investigative
Bodies Legislation Amendment Act 1997.
Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 1 Amendment of Police Integrity Commission Act 1996 6 Conditional release
(1) Section 39A only applies to any release ordered on or
after the commencement of that section.(2)
Section 39B only applies to any decision, failure or order made or occurring on or after the commencement of that section.
7 Secrecy of identity and location of witness
A reference in section 52, as amended by the amending Act, to a person who has given evidence includes a reference to a person who has given evidence before the commencement of that amendment.
8 Preventing witness from attending and threats to
witnesses
A reference in section 112 (3), as inserted by the amending Act, to a person who is in detention includes a reference to a person in detention at the commencement of that subsection even if the person was detained before that commencement.
9 Release of contemnor
(1)
The power, contained in section 120A, to release an offender detained under section 120 may be exercised in relation to an offender already in detention at the commencement of section 120A or detained at any time afterwards.
(2)
Section 120B only applies to any decision, failure or order made or occurring on or after the commencement of that section.
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Royal Commission (Police Service) Act 1994 Schedule 2 Schedule 2 Amendment of Royal Commission
(Police Service) Act 1994
(Section 4)
Section 11 Arrest of witness
Omit “custody” from section 11 (7).
Insert instead “a prison or elsewhere”.
Insert after section 11: Sections 11A and 11B 11A Conditional release of witness
(1) The release of a witness by order of the Commissioner under section 11 (7) may (but need not) be made subject to one or more of the following conditions (or to any other conditions): that the witness appear and report himself or herself before the Commission in accordance with the terms of the order unless excused from attendance or until released from further attendance by the Commissioner or other officer of the Commission, and
attendance of the witness before the Commission conditions for the purpose of ensuring the further (for example the provision of sureties by the witness, the surrender of any passport held by the witness, a requirement. as to where the witness is to live and regular reporting by the witness to the Commission).
(2) From time to time, the Commissioner may by order
amend, revoke or add to those conditions.(3)
A witness who without reasonable excuse fails to comply with a condition to which the release of the witness under section 11 (7) is subject, is guilty of an offence.
Maximum penalty: 20 penalty units or imprisonment for
2 years, or both.Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 2 Amendment of Royal Commission (Police Service) Act 1994 11B Review by Supreme Court
(1) A witness who has not been released by the Commissioner under section 11 (7) or whose release under that subsection is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the witness or of the terms of one or more of those conditions.
(2) The Supreme Court may affirm or set aside a decision by the Commissioner not to release the witness or any condition imposed by the Commissioner on the release of the witness. The Supreme Court may also or instead make any order that the Commissioner may make in relation to the detention or release of the witness. The Court may do so also where the Commissioner has not made any decision within a reasonable time on the release of the witness. (3) Such an order is taken to be an order of the
Commissioner.
[3] Section 26 Protection of witnesses and persons assisting Commission
Omit section 26 (5). Insert instead:
(5) Any such arrangements may (but need not) involve the Commissioner making orders applying to a specified person for the purpose of protecting the safety of a person referred to in subsection (1) or of protecting such a person from intimidation or harassment. Such an order is not limited to directions of a kind referred to in subsection (3).
[4] Section 27 Restriction on publication of evidence
Omit section 27 (1) (c). Insert instead:
(c)
any information that might enable a person who has given or may be about to give evidence before the Commission to be identified or located, or
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Royal Commission (Police Service) Act 1994 Schedule 2 [5] Section 43 and Schedule 1
Insert at the end of the Act:
43 Savings and transitional provisions
Schedule 1 has effect.
Schedule 1 Savings and transitional provisions
(Section 43)
Part 1 Preliminary 1 Regulations
( 1 )
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Investigative Bodies Legislation Amendment Act 1997 (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.
Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 2 Amendment of Royal Commission (Police Service) Act 1994
Part 2 Provisions consequent on enactment of
Schedule 2 to Investigative Bodies
Legislation Amendment Act 19972 Definition
In this Part, amending Act means the Investigative
Bodies Legislation Amendment Act 1997.
3 Conditional release
(1) Section 11A only applies to any release ordered on or
after the commencement of that section.(2)
Section 11B only applies to any decision, failure or order made or occurring on or after the commencement of that section.
4 Secrecy of identity and location of witness
A reference in section 27, as amended by the amending Act, to a person who has given evidence includes a reference to a person who has given evidence before the commencement of that amendment.
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of New South Wales Crime Commission Act 1985 Schedule 3 Schedule 3 Amendment of New South Wales
Crime Commission Act 1985
(Section 5)
[1] Section 13 Hearings
Omit section 13 (9) (c). Insert instead:
(c) any information that might enable a person who has given or may be about to give evidence before the Commission to be identified or located, or
[2] Section 18 Failure of witnesses to attend and answer questions etc
Omit section 18 (3). Insert instead:
(3) A witness who without reasonable excuse fails to comply with a condition to which the release of the witness under section 18AA (5) is subject, is guilty of an offence. Maximum penalty: 20 penalty units or imprisonment for
2 years, or both.[3] Section 18AA Arrest of witness
Omit “custody” from section 18AA (5).
Insert instead “a prison or elsewhere”.[4] Sections 18AB and 18AC
Insert after section 18AA:
18AB Conditional release of witness
(1)
The release of a witness by order of the Commissioner under section 18AA (5) may (but need not) be made subject to one or more of the following conditions (or to any other conditions):
(a)
that the witness appear and report himself or herself before the Commission in accordance with
Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 3 Amendment of New South Wales Crime Commission Act 1985 the terms of the order unless excused from attendance or until released from further attendance by a member, and
(b)
conditions for the purpose of ensuring the further attendance of the witness before the Commission (for example the provision of sureties by the witness, the surrender of any passport held by the witness, a requirement as to where the witness is to live and regular reporting by the witness to the Commission).
(2) From time to time, the Commissioner may by order
amend, revoke or add to those conditions.
18AC Review by Supreme Court
(1) A witness who has not been released by the Commissioner under section 18AA (5) or whose release under that subsection is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the witness or of the terms of one or more of those conditions.
(2) The Supreme Court may affirm or set aside a decision by the Commissioner not to release the witness or any condition imposed by the Commissioner on the release of the witness. The Supreme Court may also or instead make any order that the Commissioner may make in relation to the detention or release of the witness. The Court may do so also where the Commissioner has not made any decision within a reasonable time on the release of the witness. (3) Such an order is taken to be an order of the
Commissioner.
[5] Section 21 Protection of witnesses
Insert at the end of section 21:
(2) Nothing in this section affects the Witness Protection Act
1995.
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of New South Wales Crime Commission Act 1985 Schedule 3 [6] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Investigative Bodies Legislation Amendment Act I997
[7] Schedule 4, Part 4
Insert after Part 3:
Part 4
Provisions relating to enactment of Schedule 3 to Investigative Bodies Legislation Amendment Act 1997
7 Definition
In this Part, amending Act means the Investigative
Bodies Legislation Amendment Act 1997.
8 Secrecy of identity and location of witness
A reference in section 13, as amended by the amending Act, to a person who has given evidence includes a reference to a person who has given evidence before the commencement of that amendment.
9 Conditional release
(1) Section 18AB only applies to any release ordered on or
after the commencement of that section.(2)
Section 18AC only applies to any decision, failure or order made or occurring on or after the commencement of that section.
Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 4 Amendment of Independent Commission Against Corruption Act 1988 Schedule 4 Amendment of Independent
Commission Against Corruption Act
1988
(Section 6)
[1] Section 36 Arrest of witness
Omit “custody” from section 36 (6).
Insert instead “a prison or elsewhere”.[2] Sections 36A and 36B
Insert after section 36:
36A Conditional release of witness
(1)
The release of a witness by order of the Commissioner under section 36 (6) may (but need not) be made subject to one or more of the following conditions (or any other conditions):
(a)
that the witness appear and report himself or herself before the Commission in accordance with the terms of the order unless excused from attendance or until released from further attendance by the person presiding at the relevant hearing of the Commission, and
(b)
conditions for the purpose of ensuring the further attendance of the witness before the Commission (for example the provision of sureties by the witness, the surrender of any passport held by the witness, a requirement as to where the witness is to live and regular reporting by the witness to the Commission).
(2) From time to time, the Commissioner may by order
amend, revoke or add to those conditions.
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Independent Commission Against Corruption Act 1988 Schedule 4 36B Review by Supreme Court
( 1 ) A witness who has not been released by the Commissioner under section 36 (6) or whose release under that subsection is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the witness or of the terms of one or more of those conditions.
The Supreme Court may affirm or set aside a decision by the Commissioner not to release the witness or any condition imposed by the Commissioner on the release of the witness. The Supreme Court may also or instead make any order that the Commissioner may make in relation to the detention or release of the witness. The Court may do so also where the Commissioner has not made any decision within a reasonable time on the release of the witness. (3) Such an order is taken to be an order of the
Commissioner.[3] Section 50 Protection of witnesses and persons assisting Commission
Omit section 50 (5). Insert instead:
(5) Any such arrangements may (but need not) involve the Commissioner making orders applying to a specified person for the purpose of protecting the safety of a person referred to in subsection (1) or of protecting such a person from intimidation or harassment. Such an order is not limited to directions of a kind referred to in subsection (3). [4] Section 52 Legal and financial assistance for witness
Insert after section 52 (4):
(5)
The Attorney General may delegate one or more of his or her functions under this section to the Director-General of the Attorney General’s Department.
Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 4 Amendment of Independent Commission Against Corruption Act 1988 [5] Section 86 Failure to attend etc
Omit “50 penalty units or imprisonment for 12 months, or both” both”.
from section 86 (1).[6] Section 86 (3)
Insert after subsection (2):
(3) A person who without reasonable excuse fails to comply with a condition to which the release of the person under section 36 (6) or 100A is subject, is guilty of an offence. Maximum penalty: 20 penalty units or imprisonment for
2 years, or both.[7] Section 92 Preventing witness from attending
Insert after section 92 (2):
(3) A reference in subsection (1) to a person who has been summoned to attend as a witness before the Commission includes a reference to a person who is in detention under a warrant under section 36 (6) or who, having been released under that subsection on condition that the person appear and report himself or herself before the Commission, is still subject to that condition. [8] Section 98 Contempt
Insert after section 98 (a):
(aa) having been released under section 36 (6) on condition (under section 36A (1) (a)) that the person appear and report himself or herself before the Commission, fails so to appear and report, or
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Independent Commission Against Corruption Act 1988 Schedule 4 [9] Section 99 Punishment of contempt
Insert “or (aa)” after “section 98 (a)” in section 99 (5).
[10] Section 100 General provisions regarding contempt
Insert “in a prison or elsewhere” after “custody” in section 100 (3).
[11] Sections 100A and 100B
Insert after section 100:
100A Conditional release of offender
(1)
The Commissioner may by order release an offender detained under section 100 at any time before the offender is brought before the Supreme Court.
(2) The release must be subject to the condition that the
offender appear before the Supreme Court.(3) The release may (but need not) be made subject to:
(a)
one or more conditions for the purpose of ensuring the appearance of the offender before the Supreme Court (for example the provision of sureties by the offender, the surrender of any passport held by the offender, a requirement as to where the offender is to live and regular reporting by the offender to the Commission), and
(b) any other conditions. (4) From time to time, the Commissioner may by order
amend, revoke or add to those conditions.100B Review by Supreme Court
( 1 )
An offender who has not been released by the Commissioner under section 100A or whose release under that section is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the offender or of the terms of one or more of those conditions.
Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 4 Amendment of Independent Commission Against Corruption Act 1988
(2)
The Supreme Court may affirm or set aside a decision by the Commissioner not to release the offender or any condition imposed by the Commissioner on the release of the offender. The Supreme Court may also or instead make any order that the Commissioner may make in relation to the detention or release of the offender. The Court may do so also where the Commissioner has not made any decision within a reasonable time on the release of the offender.
(3) Such an order is taken to be an order of the
Commissioner.
Section 112 Restriction on publication of evidence
Omit section 112 (1) (c). Insert instead:
(c)
any information that might enable a person who has given or may be about to give evidence before the Commission to be identified or located, or
Schedule 4 Savings, transitional and other provisions
Omit “Independent Commission Against Corruption (Amendment)
Act 1990” appearing before the heading to clause 1.
Schedule 4, Parts 1 and 2 Omit clause 1 . Insert instead:
Part 1 Preliminary 1 Regulations
(1)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Independent Commission Against Corruption (Amendment) Act I990
Investigative Bodies Legislation Amendment Act 1997Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Independent Commission Against Corruption Act 1988 Schedule 4
(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
Independent Commission Against
Corruption (Amendment) Act 19901A Definition
In this Part, amending Act means the Independent Commission Against Corruption (Amendment) Act 1990.
[15] Schedule 4, Part 3 heading
Insert before clause 5:
Part 3 Provision consequent on enactment of
Statute Law Revision (Local Government)
Act 1995Investigative Bodies Legislation Amendment Act 1997 No 60
Schedule 4 Amendment of Independent Commission Against Corruption Act 1988 [16] Schedule 4, Part 4
Insert at the end of the Schedule:
Part 4 Provisions consequent on the enactment of
Schedule 4 to Investigative Bodies
Legislation Amendment Act 19976 Definition
In this Part, amending Act means the Investigative
Bodies Legislation Amendment Act 1997.
7 Conditional release
(1) Section 36A only applies to any release ordered on or
after the commencement of that section.(2)
Section 36B only applies to any decision, failure or order made or occurring on or after the commencement of that section.
8 Preventing witness from attending
A reference in section 92 (3), as inserted by the amending Act, to a person who is in detention includes a reference to a person in detention at the commencement of that subsection even if the person was detained before that commencement.
9 Release of contemnor
(1)
The power, contained in section 100A, to release an offender detained under section 100 may be exercised in relation to an offender already in detention at the commencement of section 100A or detained at any time afterwards.
(2)
Section 100B only applies to any decision, failure or order made or occurring on or after the commencement of that section.
Investigative Bodies Legislation Amendment Act 1997 No 60
Amendment of Independent Commission Against Corruption Act 1988 Schedule 4 10 Secrecy of identity and location of witness
A reference in section 112, as amended by the amending Act, to a person who has given evidence includes a reference to a person who has given evidence before the commencement of that amendment.
[Minister’s second reading speech made in—
Legislative Assembly on 18 June 1997
Legislative Council on 26 June 1997]
New South Wales
Local Government Amendment Act
1997 No 61
Contents
Page
1 Name of Act 2
2 Commencement 2 3 Amendment of Local Government Act 1993 No 30 2 4 Amendment of other Acts 2 Schedules
1 Amendment of Local Government Act 1993 3 2 Amendment of other Acts 17
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