Public Order (Protection of Persons and Property) Regulations 1999 (Cth)

Public Order(Protection of Persons and Property) Regulations 1999

Statutory Rules No. 26, 1999 as amended

made under the

Public Order (Protection of Persons and Property) Act 1971

Compilation start date: 1 January 2014

Includes amendments up to:SLI No. 260, 2013

 

About this compilation

This compilation

This is a compilation of the Public Order (Protection of Persons and Property) Regulations 1999 as in force on 1 January 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 1 January 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

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

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

      

Contents

  1Name of regulations

 These regulations are the Public Order (Protection of Persons and Property) Regulations 1999.

2Commencement

 These regulations commence on gazettal.

3Definitions

• (1)

  In these regulations:

Act means the Public Order (Protection of Persons and Property) Act 1971.

Integrity Commissioner has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.

• (2)

  Unless the contrary intention appears, a word or expression used in these regulations and Part IIA of the Act has the same meaning in these regulations as in that Part.

  Note 1: The following expressions used in these regulations are defined in the Act (see sections 4 and 13A):

  • •

    authorised officer

  • •

    constable

  • •

    court.

    Note 2: Court is defined to mean a federal court, and to include a tribunal, authority or person having power under a law of the Commonwealth to require the production of documents or the answering of questions.

4Investigative authorities

 The following are prescribed for Part IIA of the Act:

• (a)

  the Australian Crime Commission;

• (b)

  the Integrity Commissioner.

5Proof of authority

• (1)

  Before exercising a power under section 13C or 13D of the Act in relation to a person, an authorised officer must, if practicable:

  • (a)

    tell the person that the officer is an authorised officer for Part IIA of the Act; and

  • (b)

    in the case of a constable—disclose the officer’s identification as a constable; and

  • (c)

    in any other case—disclose the officer’s identity card.

• (2)

  For this regulation, an authorised officer’s identity card is a card of a durable nature, that:

  • (a)

    displays a recent photograph of the officer; and

  • (b)

    states that the holder of the card is an authorised officer for Part IIA of the Act; and

  • (c)

    identifies, by office, the person on whose authority the card is issued.

6Frisk searches

Before an authorised officer conducts a frisk search of a person under section 13D of the Act, the officer must, if practicable, tell the person:

• (a)

  about the procedure for the frisk search; and

• (b)

  the effect of subsections 13D(4), (5) and (7) of the Act.

7Returning identity card

 If a person in possession of an identity card mentioned in regulation 5 ceases to be an authorised officer, the person must, as soon as practicable, return the card, or the part of the card identifying the person as an authorised officer, to:

• (a)

  the person who issued the card; or

• (b)

  if that person is unavailable—another person authorised to receive the card.

8Disclosing information

• (1)

  If an authorised officer obtains information under section 13C of the Act, the officer may disclose that information to any of the following organisations:

  • (b)

    the Australian Federal Police;

  • (c)

    the police force of a State or Territory.

• (5)

  An authorised officer for the Australian Crime Commission (the ACC) may also disclose the information to the Chief Executive Officer of the ACC.

• (5B)

  An authorised officer in relation to the Integrity Commissioner may also disclose the information to the Integrity Commissioner.

• (6)

  However, an authorised officer may disclose information to an organisation or person under this regulation only if the officer believes on reasonable grounds that it is necessary in the interests of security to do so.

  Note: For the application of the Privacy Act 1988 to an act or practice of the Australian Crime Commission or the Integrity Commissioner, see paragraphs 7(1)(a) and (b) of that Act.

9Recording information electronically

Information obtained under section 13C of the Act may be recorded electronically.

Endnotes

Endnote 1About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub-Ch = Sub-Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub-subparagraph(s)

Endnote 3Legislation history

Number and year	FRLI registration	Commencement	Application, saving and transitional provisions
1999 No. 26	2 Mar 1999	2 Mar 1999
2001 No. 10	13 Feb 2001	13 Feb 2001	—
2002 No. 326	20 Dec 2002	1 Jan 2003 (see r. 2)	—
2004 No. 221	22 July 2004	22 July 2004	—
2006 No. 266	19 Oct 2006 (see F2006L03384)	20 Oct 2006	—
2008 No. 92	2 June 2008 (see F2008L01776)	3 June 2008	—
51, 2013	11 Apr 2013 (see F2013L00649)	Schedule 1 (item 107): (a)	—
260, 2013	16 Dec 2013 (see F2013L02112)	Sch 1 (items 2–4):1 Jan 2014	—

(a) Section 2 (item 2) of the Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 2013 (No. 1) provides as follows:

 2 Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
2.  Schedule 1	Immediately after the commencement of Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012.	12 April 2013

Endnote 4Amendment history

Provision affected

How affected

r. 3........................................

am. 2008 No. 92

r. 4........................................

am. 2001 No. 10; 2002 No. 326; 2006 No. 266; 2008

 No. 92; No. 51, 2013

rs No 260, 2013

r. 8........................................

am. 2001 No. 10; 2002 No. 326; 2004 No. 221; 2006 No. 266; 2008 No. 92; No. 51, 2013; No 260, 2013

Note 1 to r. 8..........................

am. 2001 No. 10

rs. 2006 No. 266

rep. 2008 No. 92

Note 2 to r. 8..........................

rs. 2002 No. 326

rep. 2008 No. 92

Note to r. 8............................

ad. 2008 No. 92

am. No. 51, 2013

rs No 260, 2013

Endnote 5Uncommenced amendments [none]Endnote 6Modifications [none]Endnote 7Misdescribed amendments [none]Endnote 8Miscellaneous [none]