Australian Crime Commission Establishment Regulations 2002 (Cth)

Australian Crime Commission Establishment Regulations 20021

Statutory Rules 2002 No. 3252

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 Crime Commission Act 2002.

Dated 19 December 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

1Name of Regulations

These Regulations are the Australian Crime Commission Establishment Regulations 2002.

2Commencement

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

3Amendment of National Crime Authority Regulations 1984

Schedule 1 amends the National Crime Authority Regulations 1984.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the Australian Crime Commission Regulations 2002.

[2]Regulation 2

substitute

2Definitions

In these Regulations:

ACC means the Australian Crime Commission.

Act means the Australian Crime Commission Act 2002.

[3]Regulation 7, heading

substitute

7Service of summons to appear before an examiner

[4]Subregulation 7 (2)

omit

a member or an acting member,

insert

an examiner,

[5]Regulation 8

omit

Form 4

insert

Form 2

[6]Regulation 9

omit

[7]Regulation 10

omit

[8]Regulation 11

substitute

11Allowances payable to an examiner

For subsection 46C (2) of the Act, an examiner is to be paid an annual displacement allowance of $30 000.

[9]Schedule 1, Form 1

substitute

Form 1Search warrant under section 22

(regulation 3)

COMMONWEALTH OF AUSTRALIA

Australian Crime Commission Act 2002

SEARCH WARRANT UNDER SECTION 22

TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the police force of (insert name of State, as the case requires)] * [any other person] who is the executing officer for this warrant:

On the basis of:

1. (a)

   an application made *[under subsection 22 (1)] *[by telephone under subsection 23 (1)] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to:

*[land situated at (insert address);]

*[premises situated at (insert address);]

*[the vessel (insert name) owned by (insert name and address of owner);]

*[the aircraft (insert identifying marks) owned by (insert name and address of owner);]

*[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);] and

1. (b)

   information given to me *[by affidavit] *[by affidavit and orally] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2;

I, (insert full name of issuing officer), a *[Judge] *[magistrate] of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:

1. (c)

   *[at any time of the day or night] *[between the hours of ... and ... ] to enter *[on] *[into] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle]; and

2. (d)

   to search the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] for things of a relevant kind specified in Schedule 1 that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2; and

3. (e)

   to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2 found *[on] *[in] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] and to deliver them to any person participating in the special ACC *[operation] *[investigation].

THIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).

Issued on (insert date of issue).

...........................................................................

(Signature and designation of issuing officer)

(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.)

 

*This warrant is issued for the following reasons:

(insert the reasons)

Schedule 1

(Insert a description of the particular thing or things, connected with the special ACC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.)

Schedule 2

1. The special ACC *[operation] *[investigation] is (insert description of the special ACC operation/investigation).

2. The federally relevant criminal activity that is the subject of the ACC special *[operation] *[investigation] is (insert description of the federally relevant criminal activity, specifying the serious and organised crime to which the activity relates).

3. The ACC is conducting a special *[operation] *[investigation], in accordance with a determination by the Board of the ACC under paragraph 7C (1) (d) of the Australian Crime Commission Act 2002 that the *[intelligence operation] *[investigation into matters relating to federally relevant criminal activity] is a special *[operation] *[investigation]. The determination of the Board is (insert details of the determination of the Board).

 

*Omit if inapplicable

[10]Schedule 1, Form 4

substitute

Form 2Warrant under section 31

(regulation 8)

COMMONWEALTH OF AUSTRALIA

Australian Crime Commission Act 2002

WARRANT UNDER SECTION 31

TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the Police Force of the (insert name of State, as case requires)] *[any other person]:

On the basis of:

1. (a)

   the application made by *[(insert full name of applicant)], an examiner appointed under subsection 46B (1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and

2. (b)

   my satisfaction by evidence on oath that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):

*[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver *[his] *[her] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;]

*[in relation to whom a summons has been issued under subsection 28 (1) of the Australian Crime Commission Act 2002:

1. (i)

   has absconded or is likely to abscond; or

2. (ii)

   is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;]

*[has committed an offence under subsection 30 (1) of the Australian Crime Commission Act 2002, or is likely to do so;]

I, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant:

1. (a)

   if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and

2. (b)

   to apprehend (insert full name of person to be apprehended):

to bring *[him] *[her], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law.

Dated (insert date of issue).

 

(Signature and designation of Judge)

 

*Omit if inapplicable.

[11]Schedule 2, item 1

omit

the Authority

insert

an examiner

[12]Schedule 2, item 2

omit

the Authority:

insert

an examiner:

[13]Schedule 2, items 3 and 4

omit

the Authority

insert

an examiner

Notes

1. These Regulations amend Statutory Rules 1984 No. 132, as amended by 1985 No. 3; 1986 No. 29; 1989 No. 138; 1990 Nos. 38 and 270; 1992 Nos. 9 and 280; 1996 No. 286; 2001 No. 294.

2. Notified in the Commonwealth of Australia Gazette