Part VIIB repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005.
No 127 of 2004, s 3 and Sch 1, contains the following savings provisions:
30 Saving
-
existing regulations respecting interception devices
(1)
Regulations made for the purposes of paragraph
85ZKB(2)(c)
of the
Crimes Act 1914
and in force immediately before the commencement of item 1 of this Schedule continue in force as if they had been made for the purposes of subsection
474.4(3)
of the
Criminal Code
as enacted by that item.
(2)
Subitem (1) does not prevent amendment or repeal of the regulations referred to in that subitem.
31 Saving offences against Part VIIB of the Crimes Act 1914
(1)
For the purposes of the
Telecommunications (Interception) Act 1979
, prescribed offence includes an offence in relation to conduct (within the meaning of the
Criminal Code
) that:
(a)
occurred before Part
VIIB
of the
Crimes Act 1914
was repealed by this Act; and
(b)
constituted an offence against a provision of that Part.
(2)
Subsection 7(1) of the
Telecommunications (Interception) Act 1979
does not apply to, or in relation to, an act or thing done by an employee of a carrier (within the meaning of that Act) in the course of his or her duties for or in connection with the identifying or tracing of any person who has contravened, or is suspected of having contravened, a provision of Part
VIIB
of the
Crimes Act 1914
before its repeal by this Act, where it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively.
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