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Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Regulation-making powers, transitional provisions, and review provision - Transitional provisions

351: Transitional provision relating to provisions brought into force under section 2

You could also call this:

"Old rules still apply to things that started before new rules began"

If you made an application under a certain law before some new rules started, the old rules still apply to your application. The old rules also apply to any warrants that were already issued or any other things that were started but not finished before the new rules began. You need to understand what some words mean in this context, like an "authorising Act" which is a law that has been changed by Part 5 of this Act.

When the new rules started, they did not change how some things would be interpreted, as stated in the Interpretation Act 1999. A "continuing warrant" is a warrant that was issued before the new rules started, or one that was issued after the new rules started but was applied for before they began. The "relevant commencement" refers to when the new rules started for a particular law that was changed by Part 5 of this Act.

The old rules keep applying to things that were happening before the new rules began, as if the new Act did not exist, except for this section and some other rules that were already in place. This means that if you had something going on under the old rules, it will keep going as if the new rules did not start. You should look at the definitions to understand what is meant by certain terms in this context.

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Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
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352: Certain provisions deemed to be in force during transitional period, or

"Some new law rules are treated as if they are already in force to help other rules work properly."

Part 5Amendments, repeals, and miscellaneous provisions
Regulation-making powers, transitional provisions, and review provision: Transitional provisions

351Transitional provision relating to provisions brought into force under section 2

  1. Despite any amendment in Part 5 of this Act,—

  2. where an application has been made under an authorising Act before the relevant commencement, and the application is not finally determined before that date, the provisions of that Act continue to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section and any provisions in force immediately before the relevant commencement) had not been enacted; and
    1. those provisions continue to apply to a continuing warrant and to any matter relating to the warrant in all respects as if this Act (other than this section and any provisions in force immediately before the relevant commencement) had not been enacted; and
      1. those provisions continue to apply to any other proceeding, matter, or thing commenced and not completed before the relevant commencement as if this Act (other than this section and any provisions in force immediately before the relevant commencement) had not been enacted.

        1. Subsection (1)(c) does not limit the provisions of the Interpretation Act 1999.

        2. In this section,—

          authorising Act means an Act amended by Part 5

            continuing warrant means a warrant or other authority issued under an authorising Act—

            1. before the relevant commencement; or
              1. on or after that date on an application made before that date

                relevant commencement, in relation to an authorising Act, means the commencement of a provision in Part 5 that amends an authorising Act.