Western Australian Consolidated Acts

ROYAL COMMISSION (POLICE) ACT 2002 - NOTES

Notes

¹ This is a compilation of the Royal Commission (Police) Act 2002 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Short title	Number and year	Assent	Commencement
Royal Commission (Police) Act 2002	10 of 2002	28 Jun 2002	28 Jun 2002 (see s. 2)
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 63	65 of 2003	4 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)
Corruption and Crime Commission Amendment and Repeal Act 2003 s. 71 2	78 of 2003	22 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723)
Legal Profession Act 2008 s. 700	21 of 2008	27 May 2008	1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

^1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

² The Corruption and Crime Commission Amendment and Repeal Act 2003 Pt. 3 Div. 4 reads as follows:

“

Division 4 — Royal Commission (Police) Act 2002

67. Powers of CCC regarding matters related to Police Royal Commission

(1) The CCC may perform any of its functions under the Corruption and Crime Commission Act 2003 in relation to anything done by, to or in relation to the Police Royal Commission.

(2) Without limiting subsection (1) or any other power of the CCC, the CCC may continue any investigation or other matter commenced but not completed by the Police Royal Commission, and may for this purpose adopt any evidence taken or assessments made by the Police Royal Commission.

(3) Accordingly, the Corruption and Crime Commission Act 2003 has effect, for the purposes of this section, with any necessary adaptations and with such modifications as may be prescribed by the regulations.

68. Warrants and emergency authorisations continued in force

(1) In this section —

commencement means the commencement of this Division.

(2) Any warrant issued under section 13, 14 or 17 of the Surveillance Devices Act 1998 to an officer of the Police Royal Commission and in force immediately before the commencement continues in force, subject to any condition or limitation on its issue and with necessary changes, as if it were issued to an officer of the CCC.

(3) Any emergency authorisation issued under section 21 of the Surveillance Devices Act 1998 to an officer of the Police Royal Commission and in force immediately before the commencement continues in force, subject to any condition or limitation on its issue and with necessary changes, as if it were issued to an officer of the CCC.

69. Assumed identity approvals continue in force

Any assumed identity approval granted under section 22 of the Royal Commission (Police) Act 2002 and applying to an officer of the Police Royal Commission immediately before the end of the Police Royal Commission continues in force as if it were granted to an officer of the CCC under Part 6 Division 3 of the Corruption and Crime Commission Act 2003 and that Division applies to and in relation to the approval as if the officer to whom it applies were an officer of the CCC.

70. Records

(1) In this section —

records includes —

(a) evidence in any form; and

(b) information and other things.

(2) At the end of the Police Royal Commission (as determined under section 3(2) of the Royal Commission (Police) Act 2002) all records in the possession of the Police Royal Commission not transferred to the CCC under section 19(4) of the Corruption and Crime Commission Act 2003 —

(a) are to be transferred to the CCC; and

(b) become records of the CCC and may be dealt with accordingly.

”.