Document ID: chunk:federal_register_of_legislation:C2018A00034:clause:1_60
Version: federal_register_of_legislation:C2018A00034
Segment Type: clause
Provision Reference: sch 1 cl 60
Character Range: 33122–35165

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.

Part 4—Historical telecommunications data

Telecommunications (Interception and Access) Act 1979