Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (39 of 2015)

Schedule 2   Restricting access to stored communications and telecommunications data

Part 3   Application provisions

51   Evidentiary certificates

(1) If:

(a) an authority or body issued a certificate under section 107U or 130 of the Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule; and

(b) on that commencement, the authority or body is not a criminal law-enforcement agency (whether or not it is an enforcement agency);

after that commencement, the certificate continues in force as if the authority or body were a criminal law-enforcement agency.

(2) If:

(a) an authority or body issued a certificate under section 185C of the Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule; and

(b) on that commencement, the authority or body is not an enforcement agency;

after that commencement, the certificate continues in force as if the authority or body were an enforcement agency.

(3) An authority or body that:

(a) was a criminal law-enforcement agency immediately before the commencement of this Schedule; and

(b) on that commencement, is not a criminal law-enforcement agency (whether or not it is an enforcement agency);

continues after that commencement to have the power to issue certificates under section 107U or 130 of the Telecommunications (Interception and Access) Act 1979 as amended by this Act, with respect to anything done before that commencement, as if it were a criminal law-enforcement agency.

(4) An authority or body that:

(a) was an enforcement agency immediately before the commencement of this Schedule; and

(b) on that commencement, is not an enforcement agency;

continues after that commencement to have the power to issue certificates under section 185C of the Telecommunications (Interception and Access) Act 1979 as amended by this Act, with respect to anything done before that commencement, as if it were an enforcement agency.


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