Crimes (Controlled Operations) Regulations 2018 (Vic)

Version No. 001

Crimes (Controlled Operations) Regulations 2018

S.R. No. 160/2018

Version as at

26 October 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocations

5Definitions

6Corresponding laws

7IBAC law enforcement officers

8Prescribed IBAC Officers

9Prescribed senior officers

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Crimes (Controlled Operations) Regulations 2018

S.R. No. 160/2018

Version as at

26 October 2018

1Objective

The objective of these Regulations is to prescribe matters for the purposes of the Crimes(Controlled Operations) Act 2004.

2Authorising provision

These Regulations are made under section 47 of the Crimes (Controlled Operations) Act 2004.

3Commencement

These Regulations come into operation on 26 October 2018.

4Revocations

The following Regulations are revoked—

(a)the Crimes (Controlled Operations) Regulations 2008[1];

(b)the Crimes (Controlled Operations) Amendment Regulations 2013[2];

(c)the Crimes (Controlled Operations) Amendment (Corresponding Laws) Regulations 2013[3];

(d)the Crimes (Controlled Operations) Further Amendment Regulations 2013[4].

5Definitions

In these Regulations—

Chief Executive Officer means the person appointed under section 33 of the Independent Broad-based Anti‑corruption Commission Act 2011;

Deputy Commissioner has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC Officer has the same meaning as it has in the Independent Broad-based Anti‑corruption Commission Act 2011.

6Corresponding laws

For the purposes of the definition of corresponding law in section 3 of the Crimes (Controlled Operations) Act 2004, the following are corresponding laws—

(a)Law Enforcement (Controlled Operations) Act 1997 of New South Wales;

(b)Police Powers (Controlled Operations) Act 2006 of Tasmania;

(c)Part 2 of the Criminal Investigation (Covert Powers) Act 2012 of Western Australia;

(d)Crimes (Controlled Operations) Act 2008 of the Australian Capital Territory;

(e)Chapter 11 of the Police Powers and Responsibilities Act 2000 of Queensland;

(f)Part IAB of the Crimes Act 1914 of the Commonwealth.

7IBAC law enforcement officers

For the purposes of paragraph (b) of the definition of law enforcement officer in section 3 of the Crimes (Controlled Operations) Act 2004, the following positions and classes of employees are prescribed—

(a)the position of Commissioner;

(b)the position of Deputy Commissioner;

(c)the position of Chief Executive Officer;

(d)IBAC Officers classified as Executive Officers;

(e)IBAC Officers classified as non-executive employees;

(f) police officers engaged by the IBAC under section 36 of the Independent Broad-based Anti-corruption Commission Act 2011;

(g)members of the police force or police service (however described) of another jurisdiction who are engaged by the IBAC under section 36 of the Independent Broad‑based Anti-corruption Commission Act 2011.

8Prescribed IBAC Officers

For the purposes of the definition of prescribed IBAC Officer in section 3 of the Crimes (Controlled Operations) Act 2004, the following positions are prescribed—

(a)the position of Deputy Commissioner;

(b)the position of Chief Executive Officer;

(c)IBAC Officers classified as Executive Officers.

9Prescribed senior officers

For the purposes of the definition of senior officer in section 45(2) of the Crimes (Controlled Operations) Act 2004, the following positions and classes of employees are prescribed—

(a)the position of Deputy Commissioner;

(b)the position of Chief Executive Officer;

(c)IBAC Officers classified as Executive Officers.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Crimes (Controlled Operations) Regulations 2018, S.R. No. 160/2018 were made on 16 October 2018 by the Governor in Council, on the recommendation of the Attorney-General, under section 47 of the Crimes (Controlled Operations) Act 2004, No. 16/2004 and came into operation on 26 October 2018: regulation 3.

The Crimes (Controlled Operations) Regulations 2018 will sunset 10 years after the day of making on 16 October 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Crimes (Controlled Operations) Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4(a): S.R. No. 127/2008 as amended by S.R. Nos 11/2013, 91/2013 and 123/2013.

[2] Reg. 4(b): S.R. No. 11/2013.

[3] Reg. 4(c): S.R. No. 91/2013.

[4] Reg. 4(d): S.R. No. 123/2013.