Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (34 of 2018)

Schedule 1   Assistance to international courts and tribunals

Part 3   Covert access to stored communications

Telecommunications (Interception and Access) Act 1979

60   Application and transitional provisions

(1) The amendments made by this Part apply in relation to a request made to the Attorney-General by the ICC, a Tribunal or a foreign country:

(a) on or after the commencement of this item; or

(b) before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request.

(2) The amendments made by this Part apply in relation to a request made to the Australian Federal Police by the ICC, a Tribunal or a foreign country:

(a) on or after the commencement of this item; and

(b) under section 107P of the Telecommunications (Interception and Access) Act 1979 (as inserted by this Part).

(3) The amendments so apply as a result of subitem (1) or (2):

(a) whether the stored communications to which the request relates became stored communications before, on or after that commencement; and

(b) whether conduct, a crime or an offence to which the request relates occurred before, on or after that commencement.

(4) If:

(a) a foreign country makes a request to which subitem (1) applies (the access request ); and

(b) before the commencement of this item, the foreign country made a request (the preservation request ) under section 107P of the Telecommunications (Interception and Access) Act 1979 because the foreign country intended to make the access request;

the preservation request continues in existence (and may be dealt with) after that commencement as if it had been made under that section as amended by this Part.

(5) A determination that:

(a) was made, before the commencement of this item, under paragraph 142A(1)(c) of the Telecommunications (Interception and Access) Act 1979 (as in force before that commencement); and

(b) was in force immediately before that commencement;

continues in force (and may be dealt with) after that commencement as if it had been made under that paragraph as amended by this Part.