Australian Crime Commission Establishment (Consequential Amendments) Regulations 2002 (No. 1) (Cth)

Australian Crime Commission Establishment (Consequential Amendments) Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 3262

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Federal Police Act 1979, the Australian Prudential Regulation Authority Act 1998, the Commonwealth Electoral Act 1918, the Crimes Act 1914, the Customs Act 1901, the Customs Administration Act 1985, the Director of Public Prosecutions Act 1983, the Electronic Transactions Act 1999, the Financial Management and Accountability Act 1997, the Jury Exemption Act 1965, the Ombudsman Act 1976, the Public Order (Protection of Persons and Property) Act 1971 and the Referendum (Machinery Provisions) Act 1984.

Dated 19 December 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

______________________

Contents

  1Name of Regulations

These Regulations are the Australian Crime Commission Establishment (Consequential Amendments) Regulations 2002 (No. 1).

2Commencement

These Regulations commence on the commencement of Schedule 1 to the Australian Crime Commission Establishment Act 2002.

3Amendment of Australian Federal Police Regulations 1979

Schedule 1 amends the Australian Federal Police Regulations 1979.

4Amendment of Australian Prudential Regulation Authority Regulations 1998

Schedule 2 amends the Australian Prudential Regulation Authority Regulations 1998.

5Amendment of Crimes Regulations 1990

Schedule 3 amends the Crimes Regulations 1990.

6Amendment of Customs Administration Regulations 2000

Schedule 4 amends the Customs Administration Regulations 2000.

7Amendment of Customs (Narcotics Inquiries) Regulations 1980

Schedule 5 amends the Customs (Narcotics Inquiries) Regulations 1980.

8Amendment of Director of Public Prosecutions Regulations 1984

Schedule 6 amends the Director of Public Prosecutions Regulations 1984.

9Amendment of Electoral and Referendum Regulations 1940

Schedule 7 amends the Electoral and Referendum Regulations 1940.

10Amendment of Electronic Transactions Regulations 2000

Schedule 8 amends the Electronic Transactions Regulations 2000.

11Amendment of Financial Management and Accountability Regulations 1997

Schedule 9 amends the Financial Management and Accountability Regulations 1997.

12Amendment of Jury Exemption Regulations

Schedule 10 amends the Jury Exemption Regulations.

13Amendment of Ombudsman Regulations 1977

Schedule 11 amends the Ombudsman Regulations 1977.

14Amendment of Public Order (Protection of Persons and Property) Regulations 1999

Schedule 12 amends the Public Order (Protection of Persons and Property) Regulations 1999.

 

Schedule 1Amendments of Australian Federal Police Regulations 1979

(regulation 3)

  

[1]Paragraph 26 (a)

omit

National Crime Authority

insert

Australian Crime Commission (the ACC)

[2]Paragraph 26 (b)

omit

Authority,

insert

ACC,

 

Schedule 2Amendment of Australian Prudential Regulation Authority Regulations 1998

(regulation 4)

[1]Paragraph 5 (k)

substitute

1. (k)

   the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002;

 

Schedule 3Amendments of Crimes Regulations 1990

(regulation 5)

[1]Paragraph 4B (2) (b)

substitute

1. (b)

   if the authorising officer for the controlled operation is an Australian Crime Commission (ACC) authorising officer (within the meaning of section 15J of the Act) — the Chief Executive Officer of the Australian Crime Commission.

[2]Paragraph 4BA (c)

substitute

1. (c)

   if the participating agency is the ACC — any 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;

 

Schedule 4Amendments of Customs Administration Regulations 2000

(regulation 6)

[1]Schedule 2, item 1.01

omit

[2]Schedule 2, item 1.18

substitute

 

1.18 Australian Crime Commission A, B, C, D, E, F, G

Schedule 5Amendments of Customs (Narcotics Inquiries) Regulations 1980

(regulation 7)

[1]Schedule 1, Forms 1, 2 and 3, before section 1

omit

[Australian Federal Police/National Crime Authority]*

insert

[Australian Federal Police/Australian Crime Commission]*

[2]Schedule 1, Forms 1, 2 and 3, section 2

omit

[a member of the Australian Federal Police within the meaning of the Customs Act 1901, in respect of an application made on behalf of the Australian Federal Police/a member of [the National Crime Authority/a police force who is a member of the staff of the National Crime Authority]*, in respect of an application made on behalf of the National Crime Authority]*

insert

[a member of the Australian Federal Police within the meaning of the Customs Act 1901, in respect of an application made on behalf of the Australian Federal Police/[the Chief Executive Officer/a member of a police force who is a member of the staff]* of the Australian Crime Commission], in respect of an application made on behalf of the Australian Crime Commission]*

  

Schedule 6Amendment of Director of Public Prosecutions Regulations 1984

(regulation 8)

[1]Subparagraph 3 (1) (a) (iia)

substitute

1. (iia)

   a person who performs services for the Australian Crime Commission under an arrangement under subsection 58 (1) of the Australian Crime Commission Act 2002; or

 

Schedule 7Amendments of Electoral and Referendum Regulations 1940

(regulation 9)

[1]Schedule 2, Part 2

after

Australian Competition and Consumer Commission

insert

Australian Crime Commission

[2]Schedule 2, Part 2

omit

National Crime Authority

[3]Schedule 3, before item 1

insert

 

1A	Australian Crime Commission (ACC)	(a) Collecting, analysing or disseminating information or intelligence relating to relevant criminal activities
(b) Investigating matters relating to relevant criminal activities
(c) Assembling or analysing evidence about offences and suspected offences

[4]Schedule 3, item 14

omit

 

Schedule 8Amendments of Electronic Transactions Regulations 2000

(regulation 10)

[1]Schedule 1, after item 12

insert

 

12A Australian Crime Commission Act 2002, subsections 19A (2), 20 (2), 28 (1), 28 (4) and 29 (1) Section 11

[2]Schedule 1, item 86

omit

 

Schedule 9Amendments of Financial Management and Accountability Regulations 1997

(regulation 11)

[1]Schedule 1, Part 1, after item 108

insert

 

108A

Australian Crime Commission, comprising: (a) the Chief Executive Officer and examiners of the Australian Crime Commission; and (b) the staff mentioned in section 47 of the Australian Crime Commission Act 2002; and (c) consultants engaged under section 48 of that Act; and (d) persons whose services are made available under section 49 of that Act See Note B

Chief Executive Officer

[2]Schedule 1, Part 1, item 131

omit

 

Schedule 10Amendments of Jury Exemption Regulations

(regulation 12)

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the Jury Exemption Regulations 1987.

[2]Paragraph 5 (2) (h)

substitute

1. (h)

   the Chief Executive Officer within the meaning of the Australian Crime Commission Act 2002 and an examiner or a member of the staff of the Australian Crime Commission within the meaning of that Act;

[3]Subparagraph 5 (2) (j) (i)

omit

 

Schedule 11Amendments of Ombudsman Regulations 1977

(regulation 13)

[1]Schedule 4, before item 1

insert

 

1A Australian Crime Commission Chief Executive Officer

[2]Schedule 4, item 13A

omit

 

Schedule 12Amendments of Public Order (Protection of Persons and Property) Regulations 1999

(regulation 14)

[1]Paragraph 4 (d)

substitute

1. (d)

   the Australian Crime Commission.

[2]Subregulation 8 (5)

substitute

1. (5)

   An authorised officer for the Australian Crime Commission (the ACC) may also disclose the information to the Chief Executive Officer of the ACC.

[3]Regulation 8, note 2

substitute

Note 2 For the application of the Privacy Act 1988 to an act or practice of the Australian Crime Commission, see subparagraph 7 (1) (a) (iv) of that Act.

Notes

1. These Regulations amend (in Schedule 1) Statutory Rules 1979 No. 210, as amended by 1980 No. 140; 1981 Nos. 161 and 192; 1982 Nos. 199 and 282; 1983 No. 158; 1984 Nos. 164, 296 (as amended by 1985 No. 82) and 297; 1985 Nos. 82 and 293; 1986 No. 299; 1987 No. 14; 1988 Nos. 83, 84 and 363; 1989 Nos. 1, 139, 343, 344, 361 and 362; 1990 Nos. 23, 87, 273 and 409; 1992 No. 298; 1993 No. 60; 1994 No. 113; 1995 No. 324; 1996 Nos. 171 and 330; 1997 No. 375; 1998 No. 232; 2000 Nos. 137 and 138; 2001 No. 77; 2002 No. 4.

These Regulations also amend (in Schedule 2) Statutory Rules 1998 No. 200, as amended by 1999 Nos. 141 and 246; 2001 Nos. 227 and 256; 2002 No. 64.

These Regulations also amend (in Schedule 3) Statutory Rules 1990 No. 227, as amended by 1991 Nos. 235 and 258; 1992 Nos. 91 and 276; 1994 No. 297; 1995 No. 23; 1996 Nos. 7, 125, 228 and 264; 1997 No. 14; 1998 Nos. 68 and 361; 1999 No. 156; 2000 Nos. 99, 100 and 219; 2001 Nos. 49, 105, 138 and 334; 2002 Nos. 5, 66, 186 and 194.

These Regulations also amend (in Schedule 4) Statutory Rules 2000 No. 27, as amended by 2000 No. 351; 2001 No. 24; 2002 No. 158.

These Regulations also amend (in Schedule 5) Statutory Rules 1980 No. 328, as amended by 1988 No. 199; 1990 No. 131; 1998 No. 15; 2000 No. 352; 2002 No. 6.

These Regulations also amend (in Schedule 6) Statutory Rules 1984 No. 249, as amended by 1990 Nos. 155 and 253; 1992 No. 371; 1996 No. 287; 1997 No. 75; 1998 No. 356.

These Regulations also amend (in Schedule 7) Statutory Rules 1940 No. 163, as amended by 1949 No. 62; 1954 No. 27; 1961 No. 103; 1966 No. 140; 1973 No. 62; 1974 No. 44; 1980 No. 241; 1981 Nos. 80 and 84; 1983 Nos. 114, 153, 176, 181, 235, 274 (disallowed by the Senate on 15 December 1983) and 313; 1984 No. 287; 1987 Nos. 118 and 119; 1988 Nos. 182 and 339; 1989 No. 32; 1990 Nos. 33 and 334; 1992 No. 422; 1993 Nos. 28 and 356; 1995 Nos. 21, 190 and 322; 1997 No. 411; 1998 Nos. 57 and 296; 2000 Nos. 47, 196 and 355; 2001 Nos. 248 (disallowed by the Senate on 15 May 2002) and 340; 2002 No. 117.

These Regulations also amend (in Schedule 8) Statutory Rules 2000 No. 19, as amended by 2000 No. 101; 2001 Nos. 84, 137 and 263.

These Regulations also amend (in Schedule 9) Statutory Rules 1997 No. 328, as amended by 1998 Nos. 65, 112, 122, 261, 289 and 333; 1999 Nos. 44, 45, 107, 108 and 272; 2000 Nos. 20 (as amended by 2000 No. 145), 145, 200 and 224; 2001 Nos. 13 and 198; 2002 Nos. 74, 113, 211 and 298.

These Regulations also amend (in Schedule 10) Statutory Rules 1987 No. 186, as amended by 1989 No. 185; 1990 No. 205; 1992 No. 123 (as amended by 1992 No. 289); 1997 No. 316.

These Regulations also amend (in Schedule 11) Statutory Rules 1977 No. 104, as amended by 1978 No. 103; 1979 No. 182; 1980 No. 348; 1982 No. 63; 1985 No. 98; 1989 No. 9; 1991 No. 431; 1995 No. 138; 1998 No. 47; 1999 No. 192; 2002 No. 122.

These Regulations also amend (in Schedule 12) Statutory Rules 1999 No. 26, as amended by 2001 No. 10.

2. Notified in the Commonwealth of Australia Gazette on 20 December 2002.