Crimes Regulations 1990 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
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 ( 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.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
These regulations are the
Crimes Regulations 1990 .
In these regulations, unless the contrary intention appears:
the Act means theCrimes Act 1914 .
The form in Schedule 3 referred to in Column 3 of an item in Schedule 1 is prescribed for the purposes of the provision of the Act specified in Column 2 of that item.
The form in Schedule 3 referred to in Column 3 of an item in Schedule 2 may be used for the purposes of the provision of the Act specified in Column 2 of that item.
For the definition of
corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in the following table are prescribed.
1 | New South Wales | All | |
2 | Victoria | All | |
3 | Queensland | Chapter 3, Part 6A | |
4 | Queensland | Chapter 11 Chapter 24, Part 5, Divisions 1 and 3 | |
5 | Western Australia | Part 2 | |
6 | Tasmania | All | |
7 | Australian Capital Territory | All | |
8 | Northern Territory | Part 2 | |
For paragraph 15HB(f) of the Act, the following requirements are specified:
(a) the participant must notify the chief officer of the relevant agency in writing, and as soon as practicable, of:
(i) any conduct that:
(A) in the course of duty, for a controlled operation, he or she engages in; and
(B) is likely to result in legal proceedings against the participant, or the Commonwealth; and
(ii) any proceedings arising in relation to liability that he or she may have incurred because of the conduct;
(b) in any proceedings, the participant must:
(i) authorise the Commonwealth to control the conduct of the defence proceedings; and
(ii) if the Commonwealth so requires, accept the Australian Government Solicitor or another nominated legal practitioner as his or her legal representative; and
(iii) give, and authorise his or her legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and
(iv) if an award of costs is made in his or her favour:
(A) take all steps directed by the Commonwealth to recover the award; and
(B) pay to the Commonwealth any recovered costs;
(c) the participant must not make any written or oral agreement to settle the proceedings, in full or in part, unless the terms of the agreement have been approved by the chief officer.
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.
For the definition of
corresponding assumed identity law in section 15K of the Act, the provisions mentioned in the following table are prescribed.
1 | New South Wales | All | |
2 | Victoria | All | |
3 | Queensland | Chapter 3, Part 6B | |
4 | Queensland | Chapter 12 Chapter 24, Part 5, Divisions 1 and 4 | |
5 | Western Australia | Part 3 | |
6 | South Australia | Part 3 | |
7 | Tasmania | All | |
8 | Australian Capital Territory | All | |
9 | Northern Territory | Part 3 | |
For paragraph 15KS(2)(c) of the Act, the following requirements are specified:
(a) the authorised person must notify the chief officer of the relevant agency in writing, and as soon as practicable, of:
(i) any conduct that:
(A) in the course of duty, he or she engages in in acquiring evidence of, or using, an assumed identity; and
(B) is likely to result in legal proceedings against the authorised person, or the Commonwealth; and
(ii) any proceedings arising in relation to liability that he or she may have incurred because of the conduct;
(b) in any proceedings, the authorised person must:
(i) authorise the Commonwealth to control the conduct of the defence proceedings; and
(ii) if the Commonwealth so requires, accept the Australian Government Solicitor or another nominated legal practitioner as his or her legal representative; and
(iii) give to the Commonwealth, and authorise his or her legal representative to give to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and
(iv) if an award of costs is made in his or her favour:
(A) take all steps directed by the Commonwealth to recover the award; and
(B) pay to the Commonwealth any recovered costs;
(c) the authorised person must not make any written or oral agreement to settle the proceedings, in full or in part, unless the terms of the agreement have been approved by the chief officer.
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.
1 | Victoria | Part IIAA and sections 161 and 162 | |
2 | Queensland | Part 2, Division 5 | |
3 | Western Australia | Part 4 | |
4 | South Australia | Part 4 | |
5 | Tasmania | All | |
6 | Northern Territory | Part 4 | |
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 .
For paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified.
(1) For the purposes of subsection 19AZD(3) of the Act, the pre‑release permit schemes mentioned in the table are prescribed.
1 | Scheme for releasing a prisoner under a re‑entry release order | Part 4 of the |
2 | Scheme for releasing a prisoner to serve a period of home detention | Division 6A of Part 4 of the |
3 | Scheme for releasing a prisoner on administrative home detention | Division 5 of Part 3.3 of Chapter 3 of the |
(2)A federal offender who is a non‑citizen is not eligible to participate in a pre‑release permit scheme prescribed in subregulation (1) if participation would result in the offender:
(a) becoming an unlawful non‑citizen; and
(b) being liable to detention and removal from Australia under the
Migration Act 1958 .(3) A federal offender who is subject to a deportation order under the
Migration Act 1958 is not eligible to participate in a pre‑release permit scheme prescribed in subregulation (1) if participation would make the offender liable for detention and deportation from Australia under that Act.
For section 20AB of the Act, the orders mentioned in the table are prescribed.
1 | Home detention order | Part 2 of the |
2 | Intensive correction order |
|
3 | Community correction order | Part 3A of the |
4 | Intensive correction order | Part 6 of the |
5 | Community based order | Part 9 of the |
6 | Intensive supervision order | Part 10 of the |
6A | Home detention order | Division 3A of Part 3 of the |
7 | Good behaviour order | Part 3.3 of the |
10 | Community based order | Division 4A of Part 3 of the |
11 | Community custody order | Subdivision 2A of Division 5 of Part 3 of
the |
12 | Community work order | Division 4 of Part 3 of the |
13 | Home detention order | Subdivision 2 of Division 5 of Part 3 of
the |
For paragraph 22(1)(b) of the Act, indictable offences against the
Australian Passports Act 2005 and theForeign Passports (Law Enforcement and Security) Act 2005 are prescribed.
For the purposes of subsection 23B(1) of the Act, an organisation specified in Schedule 3A is identified as an Aboriginal legal aid organisation.
(1) For paragraph (b) of the definition of
appropriately qualified in section 23WA of the Act, a person mentioned in an item in Schedule 3B is qualified to carry out the forensic procedure mentioned in that item.(2) In Schedule 3B, a reference to a
forensic scientist orforensic technician is a reference to a person engaged (whether as an employee or otherwise) in that capacity by:
(a) the Australian Federal Police; or
(b) the police force or police service of a State or Territory.
For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:
(a) the person is engaged or employed by a forensic laboratory that is accredited with the National Association of Testing Authorities of Australia; and
(b) in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory.
(1) For the purposes of the definition of
corresponding law in section 23YUA of the Act, the following laws are prescribed:
(a) the
Crimes (Forensic Procedures) Act 2000 of New South Wales;(b) Subdivision (30A) of Division 1 of Part 3 of the
Crimes Act 1958 of Victoria;(ba) Chapter 17 of the
Police Powers and Responsibilities Act 2000 of Queensland;(bb) Part 2A of, and Schedules 1 and 7 to, the
Police Powers and Responsibilities Regulation 2000 of Queensland;(c) the
Criminal Investigation (Identifying People) Act 2002 of Western Australia;(d) the
Criminal Law (Forensic Procedures) Act 2007 (SA);(e) the
Forensic Procedures Act 2000 of Tasmania;(f) the
Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory;(g) Division 7 of Part VII of the
Police Administration Act of the Northern Territory.(2) In particular, and without limiting the generality of subregulation (1), the provisions of corresponding laws mentioned in an item in Schedule 3C are taken to substantially correspond to the provision of Part 1D of the Act mentioned in that item.
For the purposes of paragraph 85ZKB(2)(c) of the Act, the following circumstances are specified:
(a) in relation to the advertising, displaying, offering for sale or sale of an apparatus or device, where the apparatus or device:
(i) is advertised, displayed or offered for sale; or
(ii) is sold;
for a purpose related to interception of communications that is not in contravention of subsection 7(1) of the
Telecommunications (Interception) Act 1979 because of subsection 6(3) or 7(2) of that Act;
(b) in relation to the manufacture or possession of an apparatus or device, where the apparatus or device:
(i) is manufactured; or
(ii) is in the possession of a person;
for a purpose related to a circumstance specified in paragraph (a);
(c) in relation to the manufacture of an apparatus or device, where the apparatus or device is manufactured for a purpose related to interception by a person in the course of the person’s duties relating to interception of communications passing over a telecommunications system (being a telecommunications system within the meaning of the
Telecommunications (Interception) Act 1979 ), that is interception of communications otherwise than in contravention of subsection 7(1) of that Act;(d) in relation to the manufacture, sale or possession of an apparatus or device, where the apparatus or device is to be exported from Australia;
(e) in relation to the manufacture, offering for sale, sale or possession of an apparatus or device, where the apparatus or device:
(i) is manufactured; or
(ii) is offered for sale; or
(iii) is sold; or
(iv) is in the possession of a person;
for a purpose related to the use of a listening device under Division 1A of Part XII of the
Customs Act 1901 , Division 2 of Part II of theAustralian Federal Police Act 1979 , Division 2 of Part III of theAustralian Security Intelligence Organization Act 1979 or a law of a State or Territory;
(f) in relation to the possession of an apparatus or device, where the possession of the apparatus or device is related to the person’s duties relating to the investigation or prosecution of offences under the
Telecommunications (Interception) Act 1979 or Part VIIB of theCrimes Act 1914 .
For sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, each law mentioned in an item in the following table is prescribed for each person or body mentioned in the item.
1 | Office of the Children’s Guardian | |
2 | Secretary to the Department of Justice | |
3 | Chief executive officer of the Public Safety Business Agency | |
4 | Queensland College of Teachers | |
5 | Chief Executive Officer of the Department for Child Protection | |
6 | Department for Communities and Social Inclusion Screening Unit | |
6A | Registrar | |
7 | Australian Capital Territory Office of Regulatory Services Background Screening Unit | |
8 | Screening Authority | |
Note: The Northern Territory’s Screening Authority is known as SAFE NT.
(1)For the purposes of paragraph 85ZZH(k) of the Act, the persons and bodies specified in column 2 of Schedule 4 are prescribed for the purposes, and in relation to convictions for the offences, respectively specified in columns 3 and 4 of that Schedule in relation to those persons and bodies.
(2) In Schedule 4,
drug offence means an offence constituted by the production, possession, supply, importation or export of a substance that is:
(a) a narcotic substance within the meaning of the
Customs Act 1901 ; or(b) a drug within the meaning given by:
(i) subregulation 9A(1) of the
Customs (Prohibited Exports) Regulations 1958 ; or(ii) subregulation 5(20) of the
Customs (Prohibited Imports) Regulations 1956 .
(3) In Schedule 4,
designated offence has the meaning given by section 85ZL of the Act.
Nothing in these Regulations affects the operation of an order made before the commencement of these Regulations under section 20AB of the Act.
(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.
1 | New South Wales | All | |
2 | Victoria | Sections 68(2), 194(5) and 195A(5) | |
3 | Victoria | All | |
4 | Victoria | Section 51 | |
5 | Victoria | Section 110A and Part 7A | |
6 | Victoria | Section 2.6.8 | |
7 | Victoria | Section 80 | |
8 | Victoria | Section 14(2) | |
9 | Victoria | Section 58 | |
10 | Victoria | Section 17 |
11 | Victoria | Section 63 and Part IX | |
12 | Queensland | Chapter 3, Part 6A | |
13 | Queensland | Chapter 11 Chapter 24, Part 5, Divisions 1 and 3 | |
14 | South Australia | Parts 1 and 2, clause 3 of Schedule 1 | |
15 | South Australia | All | |
16 | Western Australia | Part 4, Division 5; Part 6, Division 4 and section 185 | |
17 | Western Australia | Section 31 | |
18 | Western Australia | Section 35 | |
19 | Tasmania | All | |
20 | Australian Capital Territory | All | |
21 | Northern Territory | Section 32 |
(5) In this regulation:
Amendment Act means theCrimes 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.
(regulation 3)
1 | Section 16BA | 1 |
2 | Subsection 19AU(2) | 3 |
3 | Subsection 19AV(2) | 4 |
4 | Subsection 19AW(1) | 5 |
(regulation 4)
1 | Subsection 19AS(1) | 2 |
2 | Subsection 19AW(2) | 6 |
3 | Paragraph 19AX(1)(b) | 7 |
4 | Subsection 19AX(2) | 8 |
5 | Subsection 19AZ(2) | 9 |
6 | Section 19B | 10 |
7 | Paragraph 20(1)(a) | 11 |
8 | Paragraph 20(1)(b) | 12 |
9 | Paragraph 20BF(3)(b) | 13 |
10 | Subsection 20BF(5) | 14 |
11 | Subsection 20BF(6) | 15 |
12 | Paragraph 20BM(3)(b) | 16 |
13 | Subsection 20BM(5) | 17 |
14 | Subsection 20BM(6) | 18 |
15 | Paragraph 20BW(1)(a) | 19 |
16 | Paragraph 20BW(1)(b) | 20 |
17 | Subsection 20BW(2) | 21 |
18 | Subsection 21B(3) | 22 |
(Front of Form)
Commonwealth of Australia
FORM FOR THE PURPOSES OF SECTION 16BA
*Branch Office of the Director of Public Prosecutions
*Regional Office of the Attorney‑General’s Department
1
2
TO:
You are charged with the following federal *offence/*offences:
(i)
3 ;(ii)
3 ;
before the
Information for Defendant
1. The list on the back of this document gives particulars of
2. If you are convicted of *the charge/*any of the charges mentioned above and before sentence is passed, you may:
(a) if:
(i) the court decides; and
(ii) the prosecution agrees;
admit all or any of the offences specified on the back of this document; and
(b) ask that any of those offences that you have admitted be taken into account by the court in passing sentence for the *offence/*offences of which you have been convicted.
3. If you are convicted and the court does take any of the offences that you have admitted into account, the maximum sentence that may be passed upon you for *the offence/*any offence of which you have been convicted will still be the maximum penalty that the court could have imposed on you for the offence if no other offence had been taken into account.
4. If the court takes an offence that you have admitted into account, the court may make such orders about reparation, restitution, compensation, costs and forfeiture as it could have made if you had been convicted before the court of the offence, but will not impose any other punishment for the offence.
5. No proceedings may be taken or continued against you for an offence taken into account by the court in respect of a conviction unless the conviction in respect of which the offence has been taken into account has been quashed or set aside.
6. If, in the circumstances mentioned in paragraph 5:
(a) proceedings are taken or continued against you for an offence that you have admitted; or
(b) if the court does not for any reason take anyone or more of the offences that you have admitted into account;
your admission cannot be used as evidence against you in any proceedings taken or continued for the offence about which the admission was made or for any other offence listed on the back of this document.
6
7
*Director
of Public Prosecutions/*A person authorised by the
Director of Public Prosecutions under subsection 16BA (1) of the
8
Acknowledgment
I,
9
8 CERTIFICATE
This is to certify that in
passing sentence on
for the *offence/*offences listed above
of which
been convicted, the court
has taken into account the *offence/*offences admitted by
Dated
8 .
11
*Judge of
(Back of Form)
Federal offences which you are believed to have committed
6 signature of the Director of Public Prosecutions, person authorised by the Director of Public Prosecutions under subsection 16BA (1) of theCrimes Act 1914 or person appointed under section 69 of theJudiciary Act 1903
7 insert full name of person authorised by the Director of Public Prosecutions under subsection 16BA (1) of theCrimes Act 1914 or of person appointed under section 69 of theJudiciary Act 1903
10 insert the number of each offence taken into account
* omit if inapplicable
Commonwealth of Australia
WARRANT UNDER SECTION 19AS AUTHORISING THE DETENTION OF A PERSON
TO:
*all members and special members of the Australian
Federal Police:/*all members of the police
force of
AND to the officer in charge of
I,
(a) under paragraph 19AS (1) (c) of the
Crimes Act 1914 authorise those members in1 to take5 to2 in1 and deliver *him/*her to the officer in charge of that prison, together with this warrant; and(b) authorise the officer in charge of
2 in1 to receive5 into your custody and imprison *him/*her for the *term/*terms of the *sentence/*sentences of imprisonment specified in the Schedule.
This warrant is issued because
(a) who is serving or is to serve a federal sentence within the meaning of Part 1B of the
Crimes Act 1914 ; and(b) who was released on parole or licence under that Act; and
(c) whose parole or licence is taken to have been revoked under section 19AQ of that Act, because one or more further federal State or Territory sentences have been imposed on *him/*her; and
(d) who has become liable under section 19AQ to serve the part of each of the sentences referred to in paragraph (a) that *he/*she had not served at the time of *his/*her release.
SCHEDULE
DETAILS OF *SENTENCE/*SENTENCES TO BE SERVED
1 .6
2 .
3 .
Dated
*Judge of
6 insert details of each outstanding sentence commencing with the longest outstanding sentence
* omit if inapplicable
Commonwealth of Australia
NOTICE OF REVOCATION UNDER SUBSECTION 19AU (2)
To
I,
*(a) you have not complied with the following *condition/*conditions of your *parole order/*licence:
(i)
3 ; and(ii)
3 ; and*(a) I have reasonable grounds to suspect that you have not complied with the following *condition/*conditions of your *parole order/*licence:
(i)
3 ; and(ii)
3 ; and
(b) I propose to revoke that *parole order/*licence at the end of 14 days after the date of this notice unless:
(i) you give me reasons, in writing, why the *parole order/*licence should not be revoked; and
(ii) I accept those reasons.
This notice has been issued because
*
1 failed to comply with *a condition/*conditions of the *parole order/*licence during the *parole period/*licence period.* there are reasonable grounds for suspecting that
1 has failed to comply with *a condition/*conditions of the *parole order/*licence during the *parole period/*licence period.
Dated
Attorney‑General
3 list details of each condition which has allegedly been breached
* omit if inapplicable
Commonwealth of Australia
WARRANT FOR ARREST UNDER SUBSECTION 19AV (2)
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
I,
2 ,3 , a prescribed authority within the meaning of theCrimes Act 1914 , under subsection 19AV (2) of that Act, authorise and request you to arrest4 and bring *him/*her, as soon as practicable, before a magistrate in the *State/*Territory in which *he/*she is arrested to be dealt with according to law.
This warrant is issued because:
(a) the *Attorney‑General/*Director of Public Prosecutions has applied under subsection 19AV (2) of the
Crimes Act 1914 for the issue of this warrant; and(b) I am satisfied that the *parole order/*licence relating to
4 has been revoked under subsection 19AU (2) of that Act.
Dated
4 insert full name of person to whom warrant relates
* omit if inapplicable
Commonwealth of Australia
WARRANT UNDER SUBSECTION 19AW (1) AUTHORISING THE DETENTION OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
1 :AND to the officer in charge of
2 in1 :I,
3 ,4 , a prescribed authority under Part 1B of theCrimes Act 1914 :
(a) under paragraph 19AW (1) (d) of that Act authorise those members in
1 to take5 to2 in1 and deliver *him/*her to the officer in charge of that prison, together with this warrant; and(b) under paragraph 19AW (1) (e) of that Act authorise the officer in charge of
2 in1 to receive
5 into your custody and imprison *him/*her for the *term/*terms of the *sentence/*sentences of imprisonment specified in the Schedule*./*; and*(c) under paragraph 19AW (1) (f) of that Act fix the non‑parole period in respect of the *sentence/*sentences at
6 .
This warrant is issued because:
(a) the Attorney‑General acting under subsection 19AU (2) of the
Crimes Act 1914 has revoked the *parole order/*licence relating to5 ; and(b) I am satisfied that:
(i)
5 is the person named in that revocation order; and(ii)
5 was notified by the Attorney‑General of the proposal to make the revocation order; and
(iii) the revocation order is still in force.
SCHEDULE
DETAILS OF *SENTENCE/*SENTENCES TO BE SERVED
7
Dated
* omit if inapplicable
Commonwealth of Australia
WARRANT UNDER SUBSECTION 19AW (2) AUTHORISING THE REMAND OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
1 :AND to the officer in charge of
2 in1 :
I,
(a) under subsection 19AW (2) of that Act authorise those members in
1 to take5 to2 in1 and deliver *him/*her to the officer in charge of that prison, together with this warrant; and
(b) authorise the officer in charge of
2 in1 to receive
5 into your custody and keep *him/*her until6 when you are to have5 brought before this Court at
7 .This warrant is issued because:
(a) a hearing under subsection 19AW (1) of the
Crimes Act 1914 is not completed; and(b) I am satisfied that it is necessary to remand
5 in custody.
Dated
* omit if inapplicable
Commonwealth of Australia
ORDER UNDER PARAGRAPH 19AX (1) (b) FOR THE DETENTION OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
1 :AND to the officer in charge of
2 in1 :
I,
(a) under paragraph 19AX (1) (b) of that Act authorise those members in
1 to take5 to2 in
1 and deliver *him/*her to the officer in charge of that prison, together with this warrant; and
(b) authorise the officer in charge of
2 in1 to receive5 into your custody and detain *him/*her until:
(i) the Attorney‑General orders that the revocation order under subsection 19AV (2) of that Act be rescinded; or
(ii) until the completion of proceedings under subsection 19AW (1) of that Act.
This warrant is issued because:
(a) the Attorney‑General acting under subsection 19AU (2) of the
Crimes Act 1914 has revoked the *parole order/*licence relating to5 ; and(b) I am satisfied that
5 is the person named in that revocation order; and(c) I am not satisfied that
5 was notified by the Attorney‑General of the proposal to make the revocation order.
Dated
* omit if inapplicable
Commonwealth of Australia
NOTIFICATION OF BREACH UNDER SUBSECTION 19AX (2)
TO:
I,
*(a) you have not complied with the following *condition/*conditions of your *parole order/*licence:
(i)
3 ; and(ii)
3 ; and*(a) I have reasonable grounds to suspect that you have not complied with the following *condition/*conditions of your *parole order/*licence:
(i)
3 ; and(ii)
3 ; and
(b) I propose to revoke that *parole order/*licence at the end of 14 days after the date of this notice unless:
(i) you give me reasons, in writing, why the *parole order/*licence should not be revoked; and
(ii) I accept those reasons.
This notice has been issued because:
(a) I have been notified by
4 , a prescribed authority underPart 1B of the
Crimes Act 1914 that1 has been brought before *him/*her; and(b)
4 is not satisfied that1 was notified by me that I proposed to make the revocation order under subsection 19AU (2) of that Act.
Dated
Attorney‑General
3 list details of each condition which has allegedly been breached
4 insert full name and designation of prescribed authority
5 insert date
* omit if inapplicable
Commonwealth of Australia
SUMMONS UNDER SUBSECTION 19AZ (2)
TO:
You are summoned
under subsection 19AZ (2) of the
at
4 and to attend from day to day, unless you are excused or released from attendance, to give evidence *and/*to produce the following *documents/*and/*articles:
5
1 .
5 .
2 .
Dated
* omit if inapplicable
____________________________________________________________
Note If you are served with a summons under subsection 19AZ (2) of theCrimes Act 1914 and have been paid or offered a reasonable sum for your expenses and then fail to attend as required by the summons, you are guilty of an offence and are liable, on conviction, to a fine not exceeding $1,000.
Commonwealth of Australia
ORDER AND RECOGNISANCE UNDER SUBSECTION 19B (1)
IN THE
AT
IN THE *STATE OF
BETWEEN:
(*Informant/*Appellant)
‑and‑
(*Defendant/*Respondant)
ORDER
THE COURT DISCHARGES the *defendant/*appellant under section 19B
of the
recognisance of $
5 to comply with the following conditions:
(a) that the *defendant/*appellant is to be of good behaviour for
6 *months/*years; and(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $
7 to8 *by9 ;/*by instalments of $
10 ; and
(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $
7 to8 *by9 ;/*by instalments of $
10 ; and
(d) that the *defendant/*appellant is to comply with the following further conditions:
(i)
11 ;
(ii)
11 .
This Order has been issued because
* the appellant,
appealed to this court against the *sentence/*conviction and sentence imposed by the
2 Magistrates’ Courton
14 in respect of the following federal *offence/*offences:
(i)
15 ; and(ii)
15 ; and* the defendant,
12 , was charged with the following federal *offence/*offences:
(i)
15 ; and(ii)
15 ; andthe court is satisfied that the *charge is/*charges are proved, but is of the opinion, having regard to:
(a) the character, antecedents, age, health or mental condition of the person; or
(b) the extent to which the *offence is/*offences are of a trivial nature; or
(c) the extent to which the *offence was/*offences were committed under extenuating circumstances;
that
* it is inexpedient to inflict *any punishment/*any punishment other than a nominal punishment.
* it is expedient to release the *defendant/*appellant on probation.
Dated
14 .
*Judge of
1 /*Magistrate/*Registrarof
1 /*Clerk of1 /*Justice of the Peace
RECOGNISANCE
I,
(a) have had explained to me:
(i) the purpose and effect of this Order; and
(ii) the consequences that may follow if I fail, without reasonable excuse, to comply with the conditions of this Order; and
(iii) that this Order may be discharged or varied under section 20AA of the
Crimes Act 1914 ; and(b) agree that I am bound in accordance with this Order; and
(c) agree that I have been given a copy of this Order.
Dated
Before me:
*Registrar of
1 /*Clerk of1 /*Justice of the Peace
UNDERTAKING BY *SURETY/*SURETIES
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.
I agree that I have been given a copy of this Order.
First Surety:
Name:
20 Address:
21
Second Surety:
Name:
23 Address:
24
16 signature of judge, magistrate, registrar, clerk or justice of the peace
18 signature of registrar, clerk or justice of the peace
* omit if inapplicable
Commonwealth of Australia
ORDER AND RECOGNISANCE UNDER PARAGRAPH 20 (1) (a)
IN
THE
AT
IN THE *STATE OF
BETWEEN:
(*Informant/*Appellant)
‑and‑
(*Defendant/*Respondant)
ORDER
THE COURT ORDERS the release
of the *defendant/*appellant under paragraph 20 (1) (a) of the
to comply with the following conditions:
(a) that the *defendant/*appellant is to be of good behaviour for
6 *months/*years; and(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $
7 to
8 *by9 ;/*byinstalments of $
10 ; and
(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $
7 to
8 *by instalments of $10 ; and
(d) that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $
7 to11 *by
9 ;/*by instalments of $10 ; and
(e) that the *defendant/*appellant is to comply with the following further conditions:
(i)
12 ;(ii)
12 .
This Order has been issued because:
*(a) the appellant,
13 of14 appealed tothis court against the *sentence/*conviction and sentence imposed by the
1 Magistrates’ Court on15 in respect of the following federal *offence/*offences:(i)
16 ; and
(ii)
16 ; and*(a) the defendant,
13 , was charged with the following federal *offence/*offences:
(i)
16 ; and(ii)
16 ; and
(b) the court has convicted the *defendant/*appellant of the *offence/*offences; and
(c) the court has decided to release the *defendant/*appellant without passing sentence on the *defendant/*appellant complies with the conditions of this Order.
Dated
15 .
*Judge of
*clerk of
RECOGNISANCE
I,
(a) have had explained to me:
(i) the purpose and effect of this Order; and
(ii) the consequences that may follow if I fail, without reasonable excuse, to comply with the conditions of this Order; and
(iii) that this Order may be discharged or varied under section 20AA of the
Crimes Act 1914 ; and(b) agree that I am bound in accordance with this Order; and
(c) agree that I have been given a copy of this Order.
Dated
Before me:
*Registrar of
UNDERTAKING BY *SURETY/*SURETIES
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order. I agree that I have been given a copy of this Order.
First Surety:
Name:
21 Address:
22
Second Surety:
Name:
24 Address:
25
17 signature of judge, magistrate, registrar, clerk or justice of the peace
19 signature of registrar, clerk or justice of the peace
* omit if inapplicable
Commonwealth of Australia
ORDER AND RECOGNISANCE UNDER PARAGRAPH 20 (1) (b)
IN THE
AT
IN THE *STATE OF
BETWEEN:
(*Informant/*Appellant)
‑and‑
(*Defendant/*Respondant)
ORDER
THE COURT ORDERS the release
of the *defendant/*appellant under paragraph 20 (1) (b) of the
*month/*months of the term of imprisonment/*forthwith upon the *defendant/*appellant giving security *with *surety/*sureties of $
5 byrecognisance of $
6 to comply with the following conditions:
(a) that the *defendant/*appellant is to be of good behaviour for
7 *months/*years; and(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $
8 to9 *by
10 ;/*by instalments of $11 ; and
(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $
8 to9 by
10 ;/*by instalments of $11 ; and
(d) that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $
8 to12 *by
10 ;/*by instalments of $11 ; and
(e) that the *defendant/*appellant is to comply with the following further conditions:
(i)
13 ;(ii)
13 .
This Order has been issued because:
*(a) the appellant,
to this court against the *sentence/*conviction and sentence imposed by the
1 Magistrates’ Court on16 in respect of the following federal *offence/*offences:
(i)
17 ; and(ii)
17 ; and*(a) the defendant,
14 , was charged with the following federal *offence/*offences:
(i)
17 ; and(ii)
17 ; and
(b) the Court has sentenced the *defendant/*appellant to a term of imprisonment; and
(c) the Court has decided that the *defendant/*appellant be released *after serving *month/*months of the sentence/*forthwith if the *defendant/*appellant complies with the conditions of this Order.
Dated
*Judge of
1 /*Magistrate/*Registrar of1 /*Clerk of
1 /*Justice of the Peace
RECOGNISANCE
I,
(a) have had explained to me:
(i) the purpose and effect of this Order; and
(ii) the consequences that may follow if I fail, without reasonable excuse, to comply with the conditions of this Order; and
(iii) that this Order may be discharged or varied under section 20AA of the
Crimes Act 1914 ; and(b) agree that I am bound in accordance with this Order; and
(c) agree that I have been given a copy of this Order.
Dated
Before me:
*Registrar of
UNDERTAKING BY *SURETY/*SURETIES
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.
I agree that I have been given a copy of this Order.
First Surety:
Name:
22 Address:
23
Second Surety:
Name:
25 Address:
26
18 signature of judge, magistrate, registrar, clerk or justice of the peace
20 signature of registrar, clerk or justice of the peace
*__ omit if inapplicable
Commonwealth of Australia
WARRANT FOR ARREST UNDER SUBSECTION 20BF (3)
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
I,
This warrant is issued because:
(a) the Attorney‑General, under section 20BE of the
Crimes Act 1914 , ordered that4 be released from detention; and(b) the Attorney‑General, under subsection 20BF (1), has revoked that release order.
Dated
4 insert full name of person to whom warrant relates
* omit if inappropriate
Commonwealth of Australia
WARRANT UNDER SUBSECTION 20BF (5) AUTHORISING THE DETENTION OF A PERSON
TO:
*all members and special members of the Australian
Federal Police:/*all members of the police
force of
AND to the officer in charge of
I,
(a) under paragraph 20BF (5) (c) of that Act authorise those members
in
1 to take5 to2 in1 and deliver *him/*her to the officer in charge of that *prison/*hospital, together with this warrant; and(b) under paragraph 20BF (5) (d) of that Act direct the officer in charge
of
2 in1 to receive5 into your custody and detain *him/*her for the period of6 .
This warrant is issued because:
(a) the Attorney‑General, under subsection 20BF (1) of the
Crimes Act 1914 ,has revoked the release order relating to5 ; and(b) I am satisfied that:
(ii) the release order has been revoked and the revocation is still in force.
Dated
* omit if inapplicable
Commonwealth of Australia
WARRANT UNDER SUBSECTION 20BF (6) AUTHORISING THE REMAND OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
AND to the officer in charge
of
I,
(a) under subsection 20BF (6) of that Act authorise those members in
1 to take
5 to2 in
1 and deliver *him/*her to the officer in charge of that *prison/*hospital, together with this warrant; and
(b) authorise the officer in charge of
2 in
1 to receive5 into your custody and keep *him/*her until
6 when you are to have
5 brought before this court at7 .
This warrant is issued on the basis that:
(a)
5 has been brought before me under subsection 20BF (4) of theCrimes Act 1914 ; and
(b) I have not completed the hearing under subsection 20BF (5) of that Act.
Dated
8 .
* omit if inapplicable
Commonwealth of Australia
WARRANT FOR ARREST UNDER SUBSECTION 20BM (3)
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
I,
This warrant is issued because:
(a) the Attorney‑General under section *20BL/*20BT of the
Crimes Act 1914 , ordered that4 be released from detention; and(b) the release order relating to
4 has been revoked.
Dated
* omit if inapplicable
Commonwealth of Australia
WARRANT UNDER SUBSECTION 20BM (5) AUTHORISING THE DETENTION OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
AND to the officer in charge of
I,
(a) under paragraph 20BM (5) (c) of that Act authorise those members in
1 to take
5 to2 in1 and deliver *him/*her to the officer in charge of that *prison/*hospital, together with this warrant; and
(b) under paragraph 20BM (5) (d) of that Act direct the officer in charge
of
2 in1 to receive5 into your custody and detain *him/*her for the period of6 .
This warrant is issued because:
(a) the Attorney‑General under subsection 20BM (1) of the
Crimes Act 1914 has revoked the release order relating to5 ; and(b) I am satisfied that:
(i)
5 is the person named in the instrument revoking the release order; and
(ii) the release order has been revoked and the revocation is still in force.
Dated
2 insert name of prison or hospital
3 insert full name of prescribed authority
4 insert designation of prescribed authority
5 insert full name of person
6 insert period
7 insert date
8 signature of prescribed authority* omit if inapplicable
Commonwealth of Australia
WARRANT UNDER SUBSECTION 20BM (6) AUTHORISING THE REMAND OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
AND to the officer in charge
of
I,
3 ,4 , a prescribed authority under Part 1B of theCrimes Act 1914 :
(a) under subsection 20BM (6) of that Act authorise those members
in
1 to take5 to2 in1 and deliver *him/*her to the officer in charge of that *prison/*hospital, together with this warrant; and
(b) authorise the officer in charge of
2 in1 to receive
5 into your custody and keep*him/*her until
6 when you are to have5 brought before this court at
7 .
This warrant is issued on the basis that:
(a)
5 has been brought before me under subsection 20BM (4) of theCrimes Act 1914 ; and
(b) I have not completed the hearing under subsection 20BM (5) of that Act.
Dated
* omit if inapplicable
Commonwealth of Australia
SUMMONS UNDER *PARAGRAPH 20BW (1) (a)/*SECTION 20BY
IN THE
AT
IN THE *STATE OF
(Informant)
‑and‑
(Defendant)
To:
You are summoned under *paragraph 20BW (1) (a)/*section 20BY of the
Crimes Act 1914 to appear before the5 at6 at
7 to answer the information alleging the breach of the following *condition/*conditions of the order under section *20BV/*20BY of that Act:
(a)
8 ; and(b)
8 ;and to be further dealt with according to law.
Dated
2 insert location of court
3 insert State or Territory
4 insert name of person
5 insert name of court
6 insert address of court
7 insert time and date
8 list details of alleged breaches of conditions
9 insert date
10 signature of magistrate
11 designation of magistrate* omit if inapplicable
Commonwealth of Australia
WARRANT FOR ARREST UNDER *PARAGRAPH 20BW (1) (b)/*SECTION 20BY
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
I,
(a) under *paragraph 20BW (1) (b)/*section 20BY of the
Crimes Act 1914 , authorise and request you to arrest4 and bring *him/*her, as soon as practicable, before this court; and(b) authorise you to detain
4 in custody until dealt with according to law.
This warrant is issued because:
(a) an order under section *20BV/*20BY of the
Crimes Act 1914 has been made in relation to4 ; and(b) information has been laid on oath before me of the following *breach/*breaches of the conditions of the order:
(c) I am of the opinion that proceedings against
4 by summons might not be effective.
Dated
2 insert full name of magistrate
3 insert designation of magistrate
4 insert full name of person
5 list details of alleged breaches of conditions
6 insert date
7 signature of magistrate* omit if inapplicable
Commonwealth of Australia
WARRANT OF ARREST UNDER *SUBSECTION 20BW (2)/
*SECTION 20BY
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of
I,
(a) under subsection 20BW (2)/*section 20BY of the
Crimes Act 1914 , authorise and request you to arrest4 and to bring *him/*her, as soon as practicable, before this court; and(b) under *subsection 20BW (3)/*section 20BY of that Act, authorise you to detain
4 in custody until *he/*she is released by order of this court or under subsection 20BW (4) of that Act.
This warrant is issued
because
* is a person who has been served with a summons issued under *subsection 20BW (1)/*section 20BY of the
Crimes Act 1914 and *he/*she failed to attend before the court as required by the summons.* is a person who has been admitted to bail under *subsection 20BW (4)/*section 20BY of the
Crimes Act 1914 and *he/*she failed to attend before the court as required by the conditions of the bail.
Dated
* omit if inapplicable
Commonwealth of Australia
CERTIFICATE UNDER SUBSECTION 21B (3)
IN
THE
AT
IN THE *STATE OF
BETWEEN:
(Informant)
‑and‑
(Defendant)
I,
6 the court ordered that the defendant is to pay $7 to
8 by9 .
Dated
2 insert location of court
3 insert State or Territory
4 insert full name of clerk or appropriate officer
5 insert designation of officer
6 insert date of order
7 insert amount
8 insert to whom amount is to be paid
9 insert date by which amount is to be paid
10 insert date
11 signature of clerk or appropriate officer
* omit if inapplicable
Note You have been convicted of a federal offence under theCrimes Act 1914 or, under section 19B of that Act, you have been discharged without conviction and the court has ordered you to make reparation to the Commonwealth or a public authority under the Commonwealth by payment of an amount of money or otherwise. This payment is in addition to any fine or other penalty imposed by the court. The above certificate when filed in a court of civil jurisdiction is enforceable as a final judgement of the court in which it is filed.
(regulation 6A)
Aboriginal and Torres Strait Islanders Corporation (Q.E.A.) for Legal Services
Aboriginal Legal Rights Movement Incorporated
Aboriginal Legal Service Ltd
Aboriginal Legal Service of Western Australia (Inc.)
Central Australian Aboriginal Legal Aid Service Incorporated
Charleville and South West Queensland Aboriginal and Torres Strait Islander Corporation for Legal Services
Ipswich Regional Aboriginal and Torres Strait Islanders Corporation for Legal Services
Katherine Regional Aboriginal Legal Aid Service Inc.
Mackay and Districts Aboriginal and Torres Strait Islanders Corporation for Legal Aid Services
Njiku Jowan Legal Service (N.Q.) Ltd.
North Australian Aboriginal Legal Aid Service Inc.
Pitjantjatjara Council Incorporated
Q.E.C. Aboriginal and Torres Strait Islanders Corporation for Legal Services
South Coast Aboriginal Legal Service Ltd
South East Queensland Aboriginal Corporation for Legal Services
T.S.N.P. Torres Strait Islanders and Aboriginal Corporation for Legal Services
Tasmanian Aboriginal Centre Incorporated
Tharpuntoo Legal Service Aboriginal Corporation
Townsville and Districts Aboriginal and Torres Strait Islanders Corporation for Legal Aid Services
Victorian Aboriginal Legal Service Co‑operative Limited
West Queensland Aboriginal and Torres Strait Islanders Corporation for Legal Aid
Western Aboriginal Legal Service Ltd
(regulation 6B)
1 | external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
2 | taking of a sample of blood | forensic scientist forensic technician |
3 | taking of a sample of saliva, or a sample by buccal swab | forensic scientist forensic technician constable |
4 | taking of a sample of pubic hair | forensic scientist forensic technician |
5 | taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
6 | taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
7 | taking of a photograph of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts | medical practitioner forensic scientist forensic technician |
8 | external examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing | forensic scientist forensic technician constable |
9 | taking of a sample of hair other than pubic hair | forensic scientist forensic technician |
10 | taking of a sample from a nail or from under a nail | forensic scientist forensic technician |
11 | taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
12 | taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
13 | taking of a photograph of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | constable medical practitioner forensic scientist forensic technician forensic scientist forensic technician |
(subregulation 6E(2))
1 | Division 3 (Forensic procedures on suspect by consent) |
|
2 | Division 4 (Non‑intimate forensic procedures on suspect by order of a senior constable) |
|
| ||
3 | Division 5 (Forensic procedures on suspect by order of a magistrate) |
|
4 | Division 6 (Carrying out forensic procedures on suspects) |
•
|
5 | Division 6A (Carrying out of certain forensic procedures after conviction of serious and prescribed offenders) |
•
|
6 | Division 6B (Carrying out of forensic procedures on volunteers and certain other persons) |
•
|
7 | Division 7 (Admissibility of evidence) |
•
•
|
8 | Division 8 (Destruction of forensic material) |
•
|
9 | Division 8A (DNA database system) |
• |
| ||
10 | Division 11 (Interjurisdictional enforcement) |
•
|
(regulation 8)
1 | Commonwealth authorities | (1) Assessing the suitability of a person to be employed, or otherwise engaged, in work that is likely to involve access to national security information classified as secret or top secret | All offences | ||
(2) Providing assistance to a person referred to in paragraph 85ZZH(d) of the Act in relation to the making of a decision referred to in that paragraph | All offences | ||||
2 | The Defence Force | Assessing the suitability of a person for appointment to a position involving the care, instruction or supervision of minors | Designated offences | ||
3 | The Director of
Military Prosecutions referred to in section 188G of the | Considering whether to prosecute and making submissions and decisions as to sentence | All offences | ||
4 | The Australian Border Force Commissioner (within the
meaning of the | (1) Assessing the suitability of a person to have responsibility for matters relating to law enforcement | All offences | ||
(2) Considering whether to prosecute and making submissions as to sentence | All offences | ||||
5 | Governments of Queensland, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory | Assessing the suitability of a person for appointment as a justice of the peace | All offences | ||
6 | Prison administrations in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania and the Northern Territory | Assessing the suitability of a person to have responsibility for the care or control of prisoners | Offences involving violence | ||
7 | A person who, or body which, employs or otherwise engages persons to provide care for the disabled in residential settings in Victoria | Assessing the suitability of a person to have responsibility for the care of the disabled in a residential setting | Offences involving violence | ||
8 | Commonwealth Government and Governments of Queensland, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory | Assessing the suitability of a person to be licensed as director, or appointed as the chief executive, of a casino | All offences | ||
9 | Government of Tasmania | Assessing the suitability of a person for appointment to the Poppy Advisory and Control Board | Drug offences | ||
10 | Poppy Advisory and Control Board, Tasmania | (1) Assessing the suitability of a person to be the holder of a licence to grow opium poppies | Drug offences | ||
(2) Assessing the suitability of a person to be employed, or otherwise engaged, by the Poppy Advisory and Control Board, Tasmania in connection with: | Drug offences | ||||
| |||||
| |||||
11 | Persons or bodies lawfully engaged in the growing of opium poppies or the production of opiate alkaloids | Assessing the suitability of a person to be employed, or otherwise engaged, in connection with the growing of opium poppies or the production of opiate alkaloids | Drug offences | ||
12 | Public libraries, university libraries, public archives offices and the Australian War Memorial | Making available material for research, reference or study | All offences | ||
13 | Respite Care ACT Incorporated, the Australian Capital Territory | Assessing the suitability of a person to have responsibility for the care of a disabled or aged person in the disabled or aged person’s home | Offences against the person | ||
14 | An issuing body (within the meaning of regulation 6.01
of the | Assessing whether to issue an aviation security
identification card (within the meaning of regulation 1.03 of the | Offences against Part 2 of the Offences against Part 5.3 of the | ||
15 | A person who, or body which, employs or otherwise engages another person to provide services or undertake work at a place where care, instruction or supervision services for minors are provided | Assessing the suitability of a person to be employed, or otherwise engaged for financial reward, in work that is likely to involve direct contact with minors | Designated offences | ||
16 | Australian Securities and Investments Commission | (1) Considering whether to prosecute and making submissions as to sentence | All offences | ||
(2) Assessing the suitability of a person: | All offences | ||||
| |||||
| |||||
| |||||
| |||||
17 | A person who, or body which, employs or otherwise engages persons to provide advocacy or care for intellectually disabled persons | Assessing the suitability of a person:
| Offences against the person | ||
18 | Australian Capital Territory Corrective Services | Assessing the suitability of a person to have responsibility for the care or control of prisoners | Offences involving violence | ||
Example for item 18: ‘Prisoner’ includes a detainee under: | |||||
19 | A person who, or body which, employs or otherwise engages
persons to care for or control a detainee under the | Assessing the suitability of a person to have
responsibility for the care or control of a detainee under the | Offences involving violence | ||
20 | An issuing body (within the meaning given by regulation 6.07B
of the | Assessing whether to issue a MSIC (maritime security
identification card) to a person in accordance with Subdivision 6.1A.4
of the | (1) Offences against Part 4 of the (2) Offences against section 24AA, 24AB, 25, 27 or 29
of the (3) Offences against Part 2 of the (4) Offences against Division 73, Chapter 5 or
Division 145, 307 or 400 of the (5) Offences against section 233, 233A, 233BAA or
233BAB of the (6) Offences against Division 10 of Part IV of
the (7) Offences against section 9, 10, 11 or 14 of the | ||
21 | The Secretary of the Attorney‑General’s Department
and AusCheck staff members (within the meaning of subsection 4 (1) of
the | For the purposes of the AusCheck scheme (within the
meaning of subsection 4 (1) of the | (1) For an applicant for, or holder of, an aviation
security identification card (within the meaning of subsection 4 (1) of
the
| ||
(2) For an applicant for, or holder of, a maritime
security identification card (within the meaning of subsection 4 (1) of
the
| |||||
| |||||
| |||||
| |||||
| |||||
(3) For an individual required to undergo, or who has
undergone, a NHS check (within the meaning of the | |||||
| |||||
| |||||
| |||||
22 | The Secretary of the Department administering the | Assessing whether to approve the issue of an aviation
security identification card to a person in accordance with regulation 6.29
of the | (1) Offences against Part 2 of the (2) Offences against Part 5.3 of the | ||
23 | The Secretary of the Department administering the | Assessing whether to approve the issue of a maritime
security identification card to a person in accordance with regulation 6.08F
of the | (1) Offences against Part 4 of the (2) Offences against section 24AA, 24AB, 25, 27 or 29
of the | ||
(3) Offences against Part 2 of the | |||||
(4) Offences against Division 73, Chapter 5 or
Division 145, 307 or 400 of the | |||||
(5) Offences against section 233, 233A, 233BAA or
233BAB of the | |||||
(6) Offences against Division 10 of Part IV of
the | ||||
(7) Offences against section 9, 10, 11 or 14 of the | ||||
24 | An entity to which Division 5 of Part 3 of the | Assessing whether to authorise a person under clause 3.3
of the | (1) Offences against section 24AA, 24AB, 25, 27 or 29
of the (2) Offences against Part 2 of the | |
(3) Offences against Part 5.1 or 5.3 of the (4) Offences against section 9, 10, 11 or 14 of the | ||||
25 | The Secretary of the Department administered by the
Minister administering the | Assessing whether a person is a fit and proper person to:
| All offences | |
(regulation 11)
1.01 A 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 theCrimes Act 1914 , as continued in force by Schedule 3 to theCrimes Legislation Amendment (Serious and Organised Crime) Act 2010 .
2.01 These Regulations, as in force immediately before commencement, continue to apply after commencement to a pre‑commencement controlled operation.
2.02 In this Part:
commencement means the commencement of Schedule 3 to theCrimes Legislation Amendment (Serious and Organised Crime) Act 2010 .
3.01 The provisions are the following.
4BB Definition 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:
(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;(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.
4BC Definition of State or Territory participating agency—prescribed bodies 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 theRoyal Commissions Act 1968 (Western Australia) by Commission dated 12 December 2001 is prescribed.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
1990 No. 227 | 12 July 1990 | 12 July 1990 | |
1991 No. 235 | 31 July 1991 | 31 July 1991 | — |
1991 No. 258 | 30 Aug 1991 | 30 Aug 1991 | — |
1992 No. 91 | 14 Apr 1992 | 22 Apr 1992 | — |
1992 No. 276 | 26 Aug 1992 | 26 Aug 1992 | — |
1994 No. 297 | 31 Aug 1994 | 1 Sept 1994 | — |
1995 No. 23 | 28 Feb 1995 | 28 Feb 1995 | — |
1996 No. 7 | 31 Jan 1996 | 31 Jan 1996 | — |
1996 No. 125 | 28 June 1996 | r. 4.1: 1 July 1996 Remainder: 28 June 1996 | — |
1996 No. 228 | 30 Oct 1996 | 4 Nov 1996 | — |
1996 No. 264 | 11 Dec 1996 | 11 Dec 1996 | — |
1997 No. 14 | 21 Feb 1997 | 21 Feb 1997 | — |
1998 No. 68 | 24 Apr 1998 | 24 Apr 1998 | — |
1998 No. 361 | 22 Dec 1998 | 24 Jan 1999 | — |
1999 No. 156 | 28 July 1999 | 28 July 1999 | — |
2000 No. 99 | 15 June 2000 | 15 June 2000 | — |
2000 No. 100 | 15 June 2000 | 15 June 2000 | — |
2000 No. 219 | 17 Aug 2000 | 17 Aug 2000 | — |
2001 No. 49 | 29 Mar 2001 | 2 Apr 2001 | — |
2001 No. 105 | 4 June 2001 | 4 June 2001 | — |
2001 No. 138 | 20 June 2001 | 20 June 2001 ( | — |
2001 No. 334 | 21 Dec 2001 | 21 Dec 2001 | — |
2002 No. 5 | 21 Feb 2002 | 21 Feb 2002 | — |
2002 No. 66 | 12 Apr 2002 | 12 Apr 2002 | — |
2002 No. 186 | 15 Aug 2002 | 15 Aug 2002 | — |
2002 No. 194 | 29 Aug 2002 | 29 Aug 2002 | — |
2002 No. 326 | 20 Dec 2002 | 1 Jan 2003 ( | — |
2003 No. 165 | 2 July 2003 | 2 July 2003 | — |
2003 No. 248 | 10 Oct 2003 | 10 Oct 2003 | — |
2003 No. 265 | 28 Oct 2003 | 1 Nov 2003 | — |
2003 No. 306 | 11 Dec 2003 | 11 Dec 2003 | — |
2003 No. 307 | 11 Dec 2003 | rr. 1–3 and Schedule 1: 11 Dec 2003 Remainder: 1 Jan 2004 | — |
2003 No. 338 | 23 Dec 2003 | 1 Jan 2004 | — |
2004 No. 164 | 1 July 2004 | rr. 1–3 and Schedule 1: 1 Sept 1995 r. 4 and Schedule 2: 3 Apr 2000 Remainder: 1 July 2004 | — |
2004 No. 287 | 7 Sept 2004 | 7 Sept 2004 | — |
2005 No. 81 | 12 May 2005 ( | 13 May 2005 | — |
2005 No. 200 | 2 Sept 2005 ( | 3 Sept 2005 | — |
2005 No. 202 | 16 Sept 2005 ( | 1 Oct 2005 | — |
2006 No. 127 | 15 June 2006 ( | 16 June 2006 | — |
2006 No. 288 | 16 Nov 2006 ( | 17 Nov 2006 | — |
2007 No. 38 | 23 Mar 2007 ( | 24 Mar 2007 | — |
2007 No. 139 | 8 June 2007 ( | 9 June 2007 | — |
2009 No. 3 | 6 Feb 2009 ( | 7 Feb 2009 | — |
2009 No. 56 | 15 Apr 2009 ( | 16 Apr 2009 | — |
2010 No. 13 | 3 Mar 2010 ( | 4 Mar 2010 | — |
2010 No. 61 | 16 Apr 2010 ( | 17 Apr 2010 | — |
2010 No. 153 | 2 July 2010 ( | rr. 1–3 and Schedule 1: 3 July 2010 Schedule 2: 14 July 2010 | — |
2010 No. 251 | 28 Oct 2010 ( | rr. 1–3 and Schedule 1: 29 Oct 2010
Schedule 2: 1 Jan 2011 ( | — |
2012 No. 20 | 14 Mar 2012 ( | 15 Mar 2012 | — |
2012 No. 21 | 14 Mar 2012 ( | 15 Mar 2012 | — |
2012 No. 274 | 10 Dec 2012 ( | 11 Dec 2012 | — |
40, 2013 | 2 Apr 2013 ( | 3 Apr 2013 | — |
57, 2013 | 30 Apr 2013 ( | 1 May 2013 | — |
199, 2013 | 26 July 2013 ( | 27 July 2013 | — |
14, 2014 | 17 Mar 2014 ( | 18 Mar 2014 | — |
86, 2014 | 13 June 2014 ( | Sch 1: 1 July 2014 ( | — |
76, 2015 | 4 June 2015 (F2015L00787) | Sch 1 (items 2–4): 5 June 2015 (s 2) | — |
90, 2015 | 19 June 2015 (F2015L00854) | Sch 2 (item 80): 1 July 2015 (s 2(1) item 2) | — |
Crimes Amendment (Prescribed Schemes and Orders) Regulation 2016 | 1 Sept 2016 (F2016L01373) | 2 Sept 2016 (s 2(1) item 1) | — |
Crimes Amendment (Corresponding Laws) Regulation 2016 | 19 Oct 2016 (F2016L01628) | 20 Oct 2016 (s 2(1) item 1) | — |
Therapeutic Goods and Other Legislation Amendment (Narcotic Drugs) Regulation 2016 | 28 Oct 2016 (F2016L01652) | Sch 1 (item 9): 29 Oct 2016 (s 2(1) item 3) | — |
r. 1............................................. | rs. 1998 No. 361 |
r. 4A.......................................... | ad. 2001 No. 334 |
rs. 2002 No. 186 | |
am. 2003 No. 248 | |
rs. 2010 No. 13 | |
am. No. 57, 2013; No 76, 2015; F2016L01628 | |
r. 4B.......................................... | ad. 2001 No. 334 |
am. 2002 No. 326; 2010 No. 13 | |
r. 4BA........................................ | ad. 2002 No. 5 |
am. 2002 Nos. 186 and 326; 2009 No. 56 | |
rep. 2010 No. 13 | |
r. 4BB........................................ | ad. 2002 No. 186 |
am. 2009 No. 56 | |
rep. 2010 No. 13 | |
r. 4BC........................................ | ad. 2002 No. 186 |
rs. 2007 No. 38 | |
am. 2009 No. 56 | |
rep. 2010 No. 13 | |
r. 4BAA..................................... | ad. 2010 No. 13 |
r. 4BAB..................................... | ad. 2010 No. 13 |
am. 2012 No. 274; No. 57, 2013; No 76, 2015; F2016L01628 | |
r. 4C.......................................... | ad. 2001 No. 334 |
am. 2010 No. 13 | |
r. 4D.......................................... | ad. 2010 No. 13 |
am. 2012 No. 274; No. 57, 2013; F2016L01628 | |
r. 4E.......................................... | ad. 2010 No. 13 |
r. 4F........................................... | ad. 2010 No. 153 |
r. 5............................................. | am. 1991 No. 235; 1992 No. 91; 1996 Nos. 125, 228 and 264; 2001 No. 49; 2003 Nos. 306 and 338 |
rs. 2012 No. 21 | |
am F2016L01373 | |
r. 6............................................. | am. 1992 No. 91; 1994 No. 297; 1996 Nos. 125 and 228; 1997 No. 14; 2000 No. 99; 2003 No. 307; 2004 No. 164; 2010 No. 251 |
rs. 2012 No. 21 | |
am. No. 40, 2013; F2016L01373 | |
r. 6AA....................................... | ad. 2005 No. 200 |
r. 6A.......................................... | ad. 1992 No. 276 |
r. 6B.......................................... | ad. 1998 No. 361 |
r. 6C.......................................... | ad. 2001 No. 105 |
rep No. 199, 2013 | |
r. 6D.......................................... | ad. 2001 No. 138 |
r. 6E.......................................... | ad. 2001 No. 138 |
am. 2002 No. 194; 2003 No. 165; 2005 No. 81; 2006 No. 288; 2010 No. 13; 2012 No. 274 | |
r. 6F........................................... | ad. 2001 No. 334 |
rep. 2002 No. 66 | |
r. 7A.......................................... | ad. 2010 No. 61 |
am. 2012 No. 20; No 14 and 86, 2014 | |
r. 8............................................. | am. 2004 No. 287; 2005 No. 202; 2010 No. 61 |
r 9............................................. | rep LA s 48C |
r. 11........................................... | ad. 2010 No. 13 |
am No 76, 2015 | |
Schedule 3A............................... | ad. 1992 No. 276 |
Heading to Schedule 3B............... | rs. 2000 No. 100 |
Schedule 3B............................... | ad. 1998 No. 361 |
Schedule 3C............................... | ad. 2001 No. 138 |
am. 2002 No. 194; 2003 No. 165; 2005 No. 81 | |
Schedule 4.................................. | am. 1991 Nos. 235 and 258; 1995 No. 23; 1996 No. 7; 1998 No. 68; 1999 No. 156; 2000 Nos. 100 and 219; 2003 No. 265; 2004 No. 287; 2005 No. 202; 2006 No. 127; 2007 No. 139; 2009 No. 3; 2010 No. 153; No 90, 2015; F2016L01652 |
Schedule 5.................................. | ad. 2010 No. 13 |
am. 2012 No. 274 |
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