Crimes Amendment Regulations 2010 (No. 1) (Cth)

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

Name of Regulations

These Regulations are the Crimes Amendment Regulations 2010 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Crimes Regulations 1990

Schedule 1 amends the Crimes Regulations 1990.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 4A

substitute

4ACorresponding 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

4BRequirements 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

4BAAACC 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.

4BABCorresponding 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

4CRequirements 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

4DCorresponding 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

4EMeaning 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

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

1.01A 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

2.01These Regulations, as in force immediately before commencement, continue to apply after commencement to a pre-commencement controlled operation.

2.02In 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

3.01The provisions are the following.

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:

(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.

4BCDefinition 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

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See