Crimes Regulations 1990

Administered by Attorney-General's Department, Department of Home Affairs

Legislation au F1996B01050 Regulations Not in force Legislative Instrument

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Statutory Rules No. 227, 1990

made under the

Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

Compilation No. 53

Compilation date: 29 October 2016

Includes amendments up to: F2016L01652

Registered: 9 November 2016

About this compilation

This compilation

This is a compilation of the Crimes Regulations 1990 that shows the text of the law as amended and in force on 29 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name of regulations

2 Interpretation

3 Prescribed forms

4 Optional forms

4A Corresponding State controlled operations laws

4B Requirements for indemnification—civil liability (Act s 15HB)

4BAA ACC prescribed delegates (Act s 15HG and 15MX)

4BAB Corresponding assumed identity law

4C Requirements for indemnification—assumed identity (Act s 15KS)

4D Corresponding witness identity protection law

4E Meaning of civil proceeding

4F Use of video recordings—specified persons

5 Prescribed State and Territory pre‑release permit schemes

6 Prescribed State and Territory orders

6AA Offences for which a court may impose certain conditions (Act s 22)

6A Aboriginal legal aid organisations

6B Appropriately qualified persons

6D Prescribed persons—use or disclosure of information on DNA databases

6E Corresponding laws—forensic procedures

7 Specified circumstances—paragraph 85ZKB(2)(c) of the Act

7A Exclusions from Divisions 2 and 3 of Part VIIC of Act (Act s 85ZZGB, 85ZZGC and 85ZZGD)

8 Exclusions from Division 3 of Part VIIC of Act (Act s 85ZZH)

10 Savings

11 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

Schedule 1—Prescribed forms

Schedule 2—Optional forms

Schedule 3 14

Form 1—Form…

Overview

The Crimes Regulations 1990 were enacted under the Crimes Act 1914 to address the need for detailed operational guidelines and procedures to support the implementation of the Act. The regulations were introduced by the Commonwealth Parliament to provide clarity and ensure the consistent application of the provisions within the Crimes Act. These regulations cover a wide range of areas, including the procedures for controlled operations, the management of assumed identities, and the protocols for the use of forensic evidence. They aim to streamline the process for law enforcement agencies while ensuring that the rights and protections of individuals are upheld. The regulations also provide for the exclusion of certain convictions from privacy provisions when specific bodies are assessing the suitability of individuals for certain roles or responsibilities.

Scope and Application

The Crimes Regulations 1990, made under the Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010, apply to the Commonwealth of Australia and its territories. The Regulations prescribe various forms, requirements, and procedures related to the conduct of controlled operations, assumed identity operations, and witness identity protection. They also outline specific exclusions and exemptions, such as certain persons and bodies being exempt from certain privacy provisions for the purposes of assessing suitability for specific roles or responsibilities. Additionally, the Regulations provide for the use of video recordings by specified persons and outline prescribed State and Territory pre-release permit schemes. The application of these Regulations may be extended or restricted through subordinate instruments.

Key Provisions

The Crimes Regulations 1990 establish various procedural requirements and forms related to the Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010. Key provisions include the use of prescribed forms for various offences (regulation 3), optional forms for certain purposes (regulation 4), and the specification of corresponding state laws and requirements for assumed identities and indemnification (regulations 4A-4E). Additionally, the regulations detail offences for which certain conditions may be imposed (regulation 6AA), identify Aboriginal legal aid organisations (regulation 6A), and prescribe persons who can use or disclose information on DNA databases and conduct forensic procedures (regulations 6D and 6E). Obligations imposed on parties include adherence to prescribed forms, notifying authorities of specific conduct, and obtaining authorisation for certain actions. Failure to comply with these requirements may result in civil or criminal penalties, including fines or imprisonment. For example, non-compliance with the notification requirements under regulations 4B and 4BAA may lead to civil penalties, while failure to comply with prescribed forms and procedures may result in criminal charges and associated penalties.

Area of Law: Criminal Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Commencement Provisions; Enforcement Powers; Licensing & Registration; Reporting & Disclosure Obligations

12 Application of Part

This Part applies in relation to any matter arising under this Act, subject to the conditions prescribed by the regulations and to any determination made by the Minister under section 9.

(1) A person must not engage in conduct referred to in subsection (2) unless the person holds an authority issued under this Division and complies with the conditions of that authority.

(2) For the purposes of subsection (1), the conduct includes any act done in the course of carrying on a business, whether or not for profit, within the meaning given by section 4.

13 Powers of the Minister

The Minister may, by notice published in the Gazette, specify the matters to be taken into account in determining an application, and may vary or revoke any such notice.

(3) Nothing in this section limits the operation of any other provision of this Act or the regulations in relation to the matters referred to in this Part.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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