Crimes Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 13
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Dated 25 February 2010
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
BRENDAN O’CONNOR
Minister for Home Affairs
1 Name of Regulations
These Regulations are the Crimes Amendment Regulations 2010 (No. 1).
2 Commencement
These Regulations commence on the day after they are registered.
3 Amendment of Crimes Regulations 1990
Schedule 1 amends the Crimes Regulations 1990.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 4A
substitute
4A Corresponding State controlled operations laws
For the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in the following table are prescribed.
Item
Jurisdiction
Law
Provisions
1
New South Wales
Law Enforcement (Controlled Operations) Act 1997
All
2
Victoria
Crimes (Controlled Operations) Act 2004
All
3
Queensland
Crime and Misconduct Act 2001
Chapter 3, Part 6A
4
Queensland
Police Powers and Responsibilities Act 2000
Chapter 11
Chapter 24, Part 5, Divisions 1 and 3
5
Tasmania
Police Powers (Controlled Operations) Act 2006
All
6
Australian Capital Territory
Crimes (Controlled Operations) Act 2008
All
[2] Regulation 4B, heading
substitute
4B Requirements for indemnification — civil liability (Act s 15HB)
[3] Subregulation 4B (1)
omit
(1) For subsections 15IA (1) and (2)
insert
For paragraph 15HB (f)
[4] Paragraph 4B (1) (a)
omit
officer or person must notify the agency head
insert
participant must notify the chief officer of the relevant agency
[5] Sub-subparagraph 4B (1) (a) (i) (B)
omit
officer or person
insert
participant
[6] Paragraphs 4B (1) (b) and (c)
omit
officer or person
insert
participant
[7] Paragraph 4B (1) (c)
omit
agency head
insert
chief officer
[8] Subregulation 4B (2)
omit
[9] Regulations 4BA, 4BB, and 4BC
substitute
4BAA ACC prescribed delegates (Act s 15HG and 15MX)
For subparagraphs 15HG (5) (c) (ii) and 15MX (3) (c) (ii) of the Act, an SES employee who is a member of the staff of the ACC, within the meaning of section 47 of the Australian Crime Commission Act 2002, or any person occupying an equivalent or higher position in the ACC, is prescribed.
4BAB Corresponding assumed identity law
For the definition of corresponding assumed identity law in section 15K of the Act, the provisions mentioned in the following table are prescribed.
Item
Jurisdiction
Law
Provisions
1
Victoria
Crimes (Assumed Identities) Act 2004
All
2
Queensland
Police Powers and Responsibilities Act 2000
Chapter 12
Chapter 24, Part 5, Divisions 1 and 4
3
Queensland
Crime and Misconduct Act 2001
Chapter 3, Part 6B
4
South Australia
Criminal Investigation (Covert Operations) Act 2009
Part 3
5
Tasmania
Police Powers (Assumed Identities) Act 2006
All
6
Australian Capital Territory
Crimes (Assumed Identities) Act 2009
All
[10] Regulation 4C, heading
substitute
4C Requirements for indemnification — assumed identity (Act s 15KS)
[11] Subregulation 4C (1)
omit
(1) For subsections 15XD (1) and (2)
insert
For paragraph 15KS (2) (c)
[12] Paragraph 4C (1) (a)
omit
officer or person must notify the agency head
insert
authorised person must notify the chief officer of the relevant agency
[13] Sub‑subparagraph 4C (1) (a) (i) (B)
omit
officer or person,
insert
authorised person,
[14] Paragraphs 4C (1) (b) and (c)
omit
officer or person
insert
authorised person
[15] Paragraph 4C (1) (c)
omit
agency head.
insert
chief officer.
[16] Subregulation 4C (2)
omit
[17] After regulation 4C
insert
4D Corresponding witness identity protection law
For the definition of corresponding witness identity protection law in subsection 15M (1) of the Act, the provisions mentioned in the following table are prescribed.
Item
Jurisdiction
Law
Provisions
1
Victoria
Evidence Act 1958
Part IIAA and section 156
2
Queensland
Evidence Act 1977
Part 2, Division 5
3
South Australia
Criminal Investigation (Covert Operations) Act 2009
Part 4
4
Tasmania
Witness (Identity Protection) Act 2006
All
4E Meaning of civil proceeding
For paragraph 15MB (2) (d) of the Act, each of the following is prescribed:
(a) an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;
(b) an examination conducted under Part 3‑1 of the Proceeds of Crime Act 2002.
[18] Paragraph 6E (1) (d)
substitute
(d) the Criminal Law (Forensic Procedures) Act 2007 (SA);
[19] After regulation 10
insert
11 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
(1) For item 19 of Part 3 of Schedule 4 to the Amendment Act, Part 1 of Schedule 5 has effect.
(2) For subitem 17 (1) of Part 3 of Schedule 3 and item 19 of Part 3 of Schedule 4 to the Amendment Act, Part 2 of Schedule 5 has effect for a pre-commencement controlled operation.
(3) For item 19 of Part 3 of Schedule 4 and subitem 20 (1) of Part 3 of Schedule 3 to the Amendment Act, Part 3 of Schedule 5 has effect for the continued operation of Part IAC of the Act under subitem 20 (1) of Part 3 of Schedule 3 to the Amendment Act for a jurisdiction that is not a participating jurisdiction.
(4) For the definition of State controlled operations law in item 16 of Schedule 3 to the Amendment Act, the provisions mentioned in the following table, as in force when the person engaged in the conduct mentioned in item 12, or the ancillary conduct mentioned in item 14, of that Schedule, are prescribed.
Item
Jurisdiction
Law
Provisions
1
New South Wales
Law Enforcement (Controlled Operations) Act 1997
All
2
Victoria
Crimes Act 1958
Sections 68 (2), 194 (5) and 195A (5)
3
Victoria
Crimes (Controlled Operations) Act 2004
All
4
Victoria
Drugs, Poisons and Controlled Substances Act 1981
Section 51
5
Victoria
Fisheries Act 1995
Section 110A and Part 7A
6
Victoria
Gambling Regulation Act 2003
Section 2.6.8
7
Victoria
Lotteries Gaming and Betting Act 1966
Section 80
8
Victoria
Prostitution Control Act 1994
Section 14 (2)
9
Victoria
Summary Offences Act 1966
Section 58
10
Victoria
Vagrancy Act 1966
Section 17
11
Victoria
Wildlife Act 1975
Section 63 and Part IX
12
Queensland
Crime and Misconduct Act 2001
Chapter 3, Part 6A
13
Queensland
Police Powers and Responsibilities Act 2000
Chapter 11
Chapter 24, Part 5, Divisions 1 and 3
14
South Australia
Criminal Investigation (Covert Operations) Act 2009
Parts 1 and 2, clause 3 of Schedule 1
15
South Australia
Criminal Law (Undercover Operations) Act 1995
All
16
Western Australia
Corruption and Crime Commission Act 2003
Part 4, Division 5; Part 6, Division 4 and section 185
17
Western Australia
Misuse of Drugs Act 1981
Section 31
18
Western Australia
Prostitution Act 2000
Section 35
19
Tasmania
Police Powers (Controlled Operations) Act 2006
All
20
Australian Capital Territory
Crimes (Controlled Operations) Act 2008
All
21
Northern Territory
Misuse of Drugs Act
Section 32
(5) In this regulation:
Amendment Act means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
participating jurisdiction has the meaning given by subitem 20 (2) of Part 3 of Schedule 3 to the Amendment Act.
pre-commencement controlled operation has the meaning given by subitem 17 (2) of Part 3 of Schedule 3 to the Amendment Act.
[20] After Schedule 4
insert
Schedule 5 Transitional matters relating to Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
(regulation 11)
Part 1 Chief officers’ annual reports
1.01 A report required to be laid before each House of Parliament under section 15HN of the Crimes Act 1914 may be combined with a report required to be laid before each House of Parliament under section 15T of the Crimes Act 1914, as continued in force by Schedule 3 to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Part 2 Pre-commencement controlled operation
2.01 These Regulations, as in force immediately before commencement, continue to apply after commencement to a pre-commencement controlled operation.
2.02 In this Part:
commencement means the commencement of Schedule 3 to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Part 3 Assumed identity authorisations — jurisdictions that are not participating jurisdictions
3.01 The provisions are the following.
4BB Definition of authorising persons — prescribed classes for State or Territory participating agencies (Act s 15XA)
For paragraph (b) of the definition of authorising person in subsection 15XA (1) of the Act, the following classes of persons in a State or Territory participating agency are prescribed:
(a) if the participating agency is the Police Service of New South Wales — any member of the Police Service Senior Executive Service within the meaning of section 33 of the Police Act 1990 (NSW);
(b) if the participating agency is the Police Force of Victoria — any Deputy Commissioner or Assistant Commissioner, within the meaning of section 4 of the Police Regulation Act 1958 (Vic);
(c) if the participating agency is the Queensland Police Service — any person who holds a position in the police service as an executive officer, within the meaning of section 1.4 of the Police Service Administration Act 1990 (Qld);
(d) if the participating agency is the Western Australia Police Force — any commissioned officer, within the meaning of section 6 of the Police Act 1892 (WA), who has been appointed as a Deputy Commissioner or Assistant Commissioner, as provided under section 9 of that Act;
(e) if the participating agency is the South Australia Police:
(i) the Deputy Commissioner, within the meaning of section 14 of the Police Act 1998 (SA); or
(ii) any Assistant Commissioner, within the meaning of section 15 of that Act;
(f) if the participating agency is the Tasmanian Police Force:
(i) the Deputy‑Commissioner, within the meaning of section 9 of the Police Regulation Act 1898 (Tas); or
(ii) any Assistant Commissioner, within the meaning of section 9A of that Act;
(g) if the participating agency is the Police Force of the Northern Territory:
(i) any Deputy Commissioner of Police, within the meaning of section 7 of the Police Administration Act (NT); or
(ii) any Assistant Commissioner of Police, within the meaning of section 8 of that Act;
(h) if the participating agency is the Independent Commission against Corruption established under the Independent Commission against Corruption Act 1988 (NSW) — any Assistant Commissioner, within the meaning of section 6 of that Act;
(i) if the participating agency is the Queensland Crime and Misconduct Commission — any assistant commissioner within the meaning of section 239 of the Crime and Misconduct Act 2001 (Qld);
(j) if the participating agency is the Anti‑Corruption Commission established under the Anti‑Corruption Commission Act 1988 (WA) — any person appointed, under section 6 of that Act, as an officer of the Commission at the level designated ‘Senior Manager’;
(k) if the participating agency is the Royal Commission appointed under section 5 of the Royal Commissions Act 1968 (WA) by Commission dated 12 December 2001 — the person appointed by that Commission;
(l) if the participating agency is the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 (NSW):
(i) any Assistant Commissioner, within the meaning of section 5 of that Act; or
(ii) any person employed, under section 32 of that Act, as a Director or Assistant Director;
(m) if the participating agency is the Police Integrity Commission established under the Police Integrity Commission Act 1996 (NSW) — any Assistant Commissioner, within the meaning of section 8 of that Act.
4BC Definition of State or Territory participating agency — prescribed bodies (Act s 15XA)
For paragraph (d) of the definition of State or Territory participating agency in subsection 15XA (1) of the Act, the following are prescribed:
(a) Office of Police Integrity established under the Police Regulation Act 1958 (Vic);
(b) the Royal Commission appointed under section 5 of the Royal Commissions Act 1968 (WA) by Commission dated 12 December 2001.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.
