Powers of entry, search and seizure
21 Powers of entry, search and seizure
Section 90 of the PIA as in force immediately before its repeal continues to apply, on and from the commencement day, in respect of a document or thing seized under section 89 of the PIA as if—
a reference to an authorised officer were a reference to an authorised officer within the meaning of this Act; and
a reference to the Director were a reference to the IBAC.
If an application under section 91 of the PIA in relation to a document or thing seized under section 89 of the PIA had not been determined before the commencement day—
the application is to be determined, on and from the commencement day, under section 91 of the PIA as if that section had not been repealed; and
for the purposes of paragraph (a), a reference in section 91 of the PIA to the Director is taken to be a reference to the IBAC.
Section 92 of the PIA as in force immediately before its repeal continues to apply in respect of a document or thing seized under section 89 of the PIA—
until the document or thing is returned in accordance with section 92 of the PIA; and
as if a reference in section 92 of the PIA to the Director were a reference to the IBAC.
An application for a search warrant made under section 93 of the PIA before the commencement day that had not been determined before the commencement day is to be determined, on and from that commencement day, under section 93 of the PIA as if—
that section had not been repealed; and
a reference in that section to the Director were a reference to the IBAC.
If a search warrant issued under section 93 of the PIA before the commencement day is in force immediately before the commencement day, on and from that commencement day, the search warrant—
continues in force in accordance with its terms; and
subject to any conditions or limitations on an authorised officer's appointment under section 81, an authorised officer is authorised to do anything that a person named in the warrant is authorised to do pursuant to that warrant or in the execution of that warrant; and
sections 94 to 101 of the PIA continue to apply to the warrant and anything done under that warrant, as if—
those sections had not been repealed; and
a reference in those sections to the Director were a reference to the IBAC.
Without limiting section 14(2) of the Interpretation of Legislation Act 1984, despite the repeal of sections 94 to 101 of the PIA, on and from the commencement day, those sections continue to apply in relation to a search warrant issued under section 93 of the PIA (as in force immediately before its repeal) which has been executed before the commencement day as if—
those sections had not been repealed; and
a reference in those sections to the Director were a reference to the IBAC.
This Act’s bill:Explanatory memorandumSecond reading speech
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