Crimes Amendment Regulations 2002 (No. 3) (Cth)

Crimes Amendment Regulations 2002 (No. 3)1

Statutory Rules 2002 No. 1862

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 Crimes Act 1914.

Dated 8 August 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 Crimes Amendment Regulations 2002 (No. 3).

2Commencement

These Regulations commence on gazettal.

3Amendment of Crimes Regulations 1990

Schedule 1 amends the Crimes Regulations 1990.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 4A

substitute

4APrescribed offences (Act s 15HB)

For paragraph 15HB (a) of the Act, the following offences against a law of the Commonwealth are prescribed as serious Commonwealth offences:

1. (a)

   an offence against Part 5.3 of the Criminal Code;

2. (b)

   an offence involving violence.

[2]Regulation 4BA, heading

substitute

4BADefinition of authorising persons — prescribed classes for Commonwealth participating agencies (Act s 15XA)

[3]Regulation 4BA

omit

the following classes of persons are prescribed:

insert

the following classes of persons in a Commonwealth participating agency are prescribed:

[4]Paragraph 4BA (d)

omit

Australian Secret Intelligence Organisation

insert

Australian Security Intelligence Organisation

[5]After regulation 4BA

insert

4BBDefinition 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:

1. (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 Service Act 1990 (New South Wales);

2. (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(Victoria);

3. (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 (Queensland);

4. (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 (Western Australia), who has been appointed as a Deputy Commissioner or Assistant Commissioner, as provided under section 9 of that Act;

5. (e)

   if the participating agency is the South Australia Police:

   1. (i)

      the Deputy Commissioner, within the meaning of section 14 of the Police Act 1998 (South Australia); or

   2. (ii)

      any Assistant Commissioner, within the meaning of section 15 of that Act;

6. (f)

   if the participating agency is the Tasmanian Police Force:

   1. (i)

      the Deputy-Commissioner, within the meaning of section 9 of the Police Regulation Act 1898 (Tasmania); or

   2. (ii)

      any Assistant Commissioner, within the meaning of section 9A of that Act;

7. (g)

   if the participating agency is the Police Force of the Northern Territory:

   1. (i)

      any Deputy Commissioner of Police, within the meaning of section 7 of the Police Administration Act (Northern Territory); or

   2. (ii)

      any Assistant Commissioner of Police, within the meaning of section 8 of that Act;

8. (h)

   if the participating agency is the Independent Commission against Corruption established under the Independent Commission against Corruption Act 1988 (New South Wales) — any Assistant Commissioner, within the meaning of section 6 of that Act;

9. (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 (Queensland);

10. (j)

    if the participating agency is the Anti‑Corruption Commission established under the Anti‑Corruption Commission Act 1988 (Western Australia) — any person appointed, under section 6 of that Act, as an officer of the Commission at the level designated ‘Senior Manager’;

11. (k)

    if the participating agency is the Royal Commission appointed under section 5 of the Royal Commissions Act 1968 (Western Australia) by Commission dated 12 December 2001 — the person appointed by that Commission;

12. (l)

    if the participating agency is the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 (New South Wales):

    1. (i)

       any Assistant Commissioner, within the meaning of section 5 of that Act; or

    2. (ii)

       any person employed, under section 32 of that Act, as a Director or Assistant Director;

13. (m)

    if the participating agency is the Police Integrity Commission established under the Police Integrity Commission Act 1996 (New South Wales) — any Assistant Commissioner, within the meaning of section 8 of that Act.

4BCDefinition of State or Territory participating agency — prescribed body (Act s 15XA)

For paragraph (d) of the definition of State or Territory participating agency in subsection 15XA (1) of the Act, the Royal Commission appointed under section 5 of the Royal Commissions Act 1968 (Western Australia) by Commission dated 12 December 2001 is prescribed.

Notes

1. These Regulations amend 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 and 66.

2. Notified in the Commonwealth of Australia Gazette