Crimes Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 1561

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Crimes Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Crimes Act 1914.

Dated 26 June 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

MICHAEL DUFFY

Attorney-General

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Crimes Regulations.

Form prescribed for purposes of section 21aa of Act

2. Regulation 4 of the Principal Regulations is amended by omitting “the Schedule” and substituting “Schedule 1”.

3. After regulation 5 of the Principal Regulations the following regulation is inserted:

Exclusions from Division 3 of Part VIIC of Act

“6. (1) For the purposes of paragraph 85zzh (k) of the Act, the persons and bodies specified in column 2 of Schedule 2 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 2, ‘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 of:

(i) subregulation 10a (5) of the Customs (Prohibited Exports) Regulations; or

(ii) subregulation 5 (20) of the Customs (Prohibited Imports) Regulations.

Schedule

4. The Schedule to the Principal Regulations is amended by omitting “SCHEDULE” and substituting “SCHEDULE 1”.

5. The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 2 Regulation 6

SPENT CONVICTIONS—EXCLUSIONS FROM PRIVACY PROVISIONS

Column 1	Column 2	Column 3	Column 4
Item no.	Prescribed persons and bodies	Prescribed purposes	Prescribed offences
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) Assessing the suitability of a person to have right of access to areas at airports designated under regulations made under the Civil Aviation Act 1988 as security restricted areas	Offences of violence and of threatened or actual damage to property
(3) 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

SCHEDULE 2— continued

Column 1	Column 2	Column 3	Column 4
Item no.	Prescribed persons and bodies	Prescribed purposes	Prescribed offences
3	A convening authority referred to in section 102 of the Defence Force Discipline Act 1982 or a prosecutor referred to in rule 42 of the Defence Force Discipline Rules	Considering whether to prosecute and making submissions and decisions as to sentence	All offences
4	Australian Customs Service	Assessing the suitability of a person to have responsibility for matters relating to law enforcement	All offences
5	Governments of Queensland, South Australia, Tasmania and the Northern Territory	Assessing the suitability of a person for appointment as a justice of the peace	All offences
6	Prison administrations in Victoria, Western Australia 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 Board	Drug offences
10	Poppy Advisory Board, Tasmania	Assessing the suitability of a person to be the holder of a licence to grow opium poppies	Drug offences

SCHEDULE 2—continued

Column 1	Column 2	Column 3	Column 4
Item no.	Prescribed persons and bodies	Prescribed purposes	Prescribed 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

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 1990.

2. Statutory Rules 1982 No. 296 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 32 and see also