Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Transitional Regulations 2005 (Cth)

Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Transitional Regulations 2005¹

Select Legislative Instrument 2005 No. 293

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005.

Dated 6 December 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

1. Name of Regulations

These Regulations are the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Transitional Regulations 2005.

1. Commencement

These Regulations commence on the day they are registered.

1. Definitions

In these Regulations:

Act means the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005.

old law has the meaning given by item 75 of Schedule 1 to the Act.

surveillance device warrant means a warrant issued under section 16 of the Surveillance Devices Act 2004:

(a)that refers to an offence against the old law; and

(b)that is in force immediately before the commencement of Schedule 1 to the Act.

telecommunications interception warrant means a warrant issued under section 45 or 45A of the Telecommunications (Interception) Act 1979:

(a)that refers to an offence against the old law; and

(b)that is in force immediately before the commencement of Schedule 1 to the Act.

1. Transitional arrangements — warrants (Act, Schedule 1, item 76)

A surveillance device warrant or a telecommunications interception warrant continues in force, in accordance with its terms, as if:

(a)a reference in the warrant to a provision of the old law were a reference to the old law as applied by item 75 of Schedule 1 to the Act; and

(b)a reference in the warrant to a provision of the Customs Act 1901 mentioned, or including a provision mentioned, in column 2 of an item in the table included a reference to any of the provisions of the Criminal Code mentioned in column 3 of the item.

Item	Customs Act 1901 provision	Criminal Code provision
1	Section 233B	Sections 307.1 to 307.10
2	Subsection 233B (1)	Sections 307.1 to 307.10
3	Subparagraph 233B (1) (a) (ii)	Sections 307.1 to 307.4
4	Subparagraph 233B (1) (a) (iii)	Sections 307.1 to 307.4
5	Subparagraph 233B (1) (a) (iv)	Sections 307.5 to 307.7
6	Subparagraph 233B (1) (a) (vi)	Sections 307.8 to 307.10
7	Subsection 233B (1AAC)	Sections 307.1 to 307.4
8	Subparagraph 233B (1AAC) (a) (i)	Sections 307.1 to 307.4

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See