Crimes Regulations 2019
made under the
Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
Compilation No. 5
Compilation date: 13 December 2025
Includes amendments: F2025L01544
About this compilation
This compilation
This is a compilation of the Crimes Regulations 2019 that shows the text of the law as amended and in force on 13 December 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary
1 Name
3 Authority
4 Definitions
Part 1A—General
4A Costs etc. payable to Official Trustee
4B Remuneration of Official Trustee
Part 2—Forms
5 Prescribed forms
6 Optional forms
Part 3—Controlled operations
7 Corresponding State controlled operations laws
8 Requirements for indemnification of participants against civil liability
Part 4—Assumed identities
9 Corresponding assumed identity laws
10 Requirements for indemnification of authorised persons
Part 5—Witness identity protection for operatives
11 Corresponding witness identity protection laws
12 Meaning of civil proceeding
Part 6—Protecting vulnerable persons
13 Video recordings—persons who may conduct interview
Part 7—Sentencing, imprisonment and release of federal offenders
14 State and Territory pre‑release permit schemes that apply to federal offenders
15 Additional sentencing alternatives—State and Territory sentences and orders
16 Offences for which a court may impose certain conditions
Part 8—Forensic procedures
17 Persons appropriately qualified to carry out forensic procedures
18 Persons authorised to access information on DNA databases
19 Corresponding laws—forensic procedures and DNA databases
Part 9—Pardons, quashed convictions and spent convictions
20 Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions…
Overview
The Crimes Regulations 2019 were made under the Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010. The regulations were introduced to address gaps and issues in the application of the Crimes Act, including the need for detailed provisions on controlled operations, assumed identities, witness identity protection, and other related matters. The regulations provide a framework for the conduct of controlled operations, the use of assumed identities by authorised persons, and the protection of the identity of witnesses, among other things. The policy objective is to enhance the effectiveness of law enforcement agencies in combating serious and organised crime while ensuring compliance with legal and procedural requirements. The regulations were enacted by the Parliament of Australia.
Scope and Application
The Crimes Regulations 2019, made under the Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010, applies to various persons and entities, including federal offenders, controlled operations, assumed identities, and persons conducting forensic procedures. The scope of the regulations extends across Australia and includes provisions related to costs and remuneration for the Official Trustee, indemnification requirements for participants in controlled operations, indemnification requirements for authorised persons, protection of witness identity, sentencing and imprisonment of federal offenders, forensic procedures, and pardons, quashed convictions, and spent convictions. The regulations also include provisions for prescribed forms, transitional matters relating to the Crimes Regulations 1990, and transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010. The regulations cover various industries, including aviation, maritime, health, and security sectors. Exclusions and exemptions are provided for certain purposes and offences, such as work with children, work with persons with disability, and work involving national security information. The application of the regulations may be extended or restricted through subordinate instruments.
Key Provisions
- The Crimes Regulations 2019, made under the Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010, provides a framework for various legal processes and procedures in relation to crime, including controlled operations, assumed identities, witness identity protection, and forensic procedures. The regulations establish requirements for indemnification of participants and authorised persons against civil liability, prescribe corresponding laws for different states and territories, and outline the qualifications of persons who can carry out forensic procedures and access DNA databases.
- Obligations imposed by the regulations include the notification requirements for participants and authorised persons in controlled operations and assumed identities, as well as the authorisation of the Commonwealth to control the conduct of defence in legal proceedings. The regulations also detail the persons and bodies that are exempt from certain provisions of the Crimes Act 1914 in relation to work with children and persons with disability.
- The regulations impose civil and criminal consequences for breaches, with maximum penalties varying depending on the offence. For example, failure to comply with a summons under subsection 19AZ(2) of the Crimes Act 1914 may result in a fine not exceeding 10 penalty units. The regulations also outline the offences for which a court may impose certain conditions, such as indictable offences against the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005.
- In summary, the Crimes Regulations 2019 provides a comprehensive framework for various legal processes and procedures in relation to crime, establishing obligations, requirements, and consequences for parties and entities governed by the regulations.
- Area of Law
- Criminal Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Regulatory Standards
- Enforcement Powers
- Transitional Provisions