EXPLANATORY STATEMENT
Issued by the authority of the Minister for Justice and Customs
Subject: Australian Crime Commission Act 2002
Australian Crime Commission Amendment Regulations 2006 (No. 1)
Commencement Instrument
Paragraphs 2(1)(b), 2(1)(d) and 2(1)(e) of the Australian Crime Commission Amendment Regulations (No 1) (the Amendment Regulations) provide for Schedules 2, 4 and 5 of the Amendment Regulations to commence on a day fixed by legislative instrument made by the Minister.
The Amendment Regulations amend the Australian Crime Commission Regulations 2002 (the Principal Regulations). The Principal Regulations provide the Commonwealth’s consent to functions, duties and powers conferred on the Australian Crime Commission under Victorian legislation. The Amendment Regulations reflect changes to the relevant Victorian legislation that will commence on 1 July 2006. The legislative instrument provides for Schedules 2, 4 and 5 of the Amendment Regulations to commence on 1 July 2006 to coincide with the commencement of certain Victorian legislation.
Further information about Schedules 2, 4 and 5 is set out in the Attachment.
Subregulations 2(2) and 2(3) of the Amendment Regulations provide that the legislative instruments made for the purposes of commencing Schedules 2 to 5 is not subject to the disallowance or sunsetting provisions of the Legislative Instruments Act 2003. These exemptions are appropriate given that the legislative instruments will be similar in effect to a commencement Proclamation, which is exempt from disallowance and sunsetting under the Legislative Instruments Act. In addition, the exposure of the instrument to potential disallowance would cause uncertainty since the amending Regulations confer powers, duties and functions on the ACC.
Consultation was unnecessary for this legislative instrument as this instrument is of a minor or machinery nature and does not substantially alter existing arrangements. It has no direct, or indirect effect on business.
Attachment
Details of Schedules 2, 4 and 5 to the Australian Crime Commission Amendment Regulations 2006 (No. 1)
Schedule 2
Schedule 2 to the Regulations provides the Commonwealth’s consent to the conferral of functions, duties and powers on certain ACC bodies through the Crimes (Assumed Identities) Act 2004 of Victoria. These functions, duties and powers relate to the use of assumed identities by the ACC.
Schedule 4
Schedule 4 to the Regulations removes references in the Principal Regulations to provisions of the Evidence Act 1958 that will be repealed by the Evidence (Witness Protection) Act 2004 of Victoria. Schedule 4 also provides the Commonwealth’s consent to the conferral of functions, duties and powers that will be inserted into the Evidence Act 1958 by the Evidence (Witness Protection) Act 2004. These functions, duties and powers provide for the ACC to make arrangements for the protection of witnesses.
Schedule 5
Schedule 5 to the Regulations removes references in the Principal Regulations to provisions in the Surveillance Devices Act 1999 that will be repealed by the Surveillance Devices Amendment Act 2004 of Victoria. Schedule 5 also provides the Commonwealth’s consent to the conferral of functions, duties and powers that will be inserted into the Surveillance Devices Act 1999 by the Surveillance Devices Amendment Act 2004. These functions, duties and powers provide for the ACC to use surveillance devices.