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.
Overview
The Australian Crime Commission Amendment Regulations 2006 (No. 1), enacted to address legislative alignment with Victorian laws, amends the Australian Crime Commission Regulations 2002. This regulatory change was introduced to ensure that the Australian Crime Commission (ACC) could effectively carry out its functions, duties, and powers in accordance with the updated Victorian legislation. The enacting body was the Minister for Justice and Customs, aiming to streamline the regulatory framework to facilitate the ACC’s role in crime prevention and investigation. The overarching policy objective is to maintain the ACC's operational capacity in response to evolving legal standards and requirements in Victoria.
Scope and Application
The Australian Crime Commission Amendment Regulations 2006 (No. 1) pertain to the Australian Crime Commission (ACC), an agency established under the Australian Crime Commission Act 2002. These regulations amend the Australian Crime Commission Regulations 2002, which were initially set to align the Commonwealth's consent with functions, duties, and powers conferred upon the ACC under Victorian legislation. Specifically, the Amendment Regulations reflect changes in relevant Victorian legislation that are set to take effect on 1 July 2006. The regulations provide the Commonwealth's consent for the ACC to carry out certain functions, including the use of assumed identities, witness protection arrangements, and the use of surveillance devices, as per the updated Victorian laws. These amendments ensure that the ACC's powers remain consistent with the evolving legislative landscape in Victoria. The commencement of Schedules 2, 4, and 5 of the Amendment Regulations is set for 1 July 2006, aligning with the commencement of certain Victorian legislation, and these legislative instruments are exempt from disallowance and sunsetting under the Legislative Instruments Act 2003.
Key Provisions
The Australian Crime Commission Amendment Regulations 2006 (No. 1) amend the Australian Crime Commission Regulations 2002, primarily through Schedules 2, 4, and 5. These schedules reflect updates to Victorian legislation that will take effect on 1 July 2006, aligning the Australian Crime Commission's functions with the revised state laws. Specifically, Schedule 2 (paragraph 2(1)(b)) provides the Commonwealth’s consent to the Australian Crime Commission (ACC) using assumed identities under the Crimes (Assumed Identities) Act 2004 of Victoria. Schedule 4 (paragraph 2(1)(d)) allows the ACC to implement witness protection measures as per the Evidence (Witness Protection) Act 2004. Similarly, Schedule 5 (paragraph 2(1)(e)) enables the ACC to use surveillance devices under the Surveillance Devices Amendment Act 2004.
The Amendment Regulations impose specific obligations on the ACC to align its activities with the updated Victorian laws. The ACC must ensure its operations comply with the new provisions concerning assumed identities, witness protection, and surveillance devices as set out in the respective Victorian Acts. These obligations necessitate that the ACC maintain updated procedures and protocols to reflect the changes in the state laws, ensuring that its functions and powers are exercised within the legal framework provided by the Victorian legislation.
Failure to comply with the requirements set out in the Amendment Regulations may result in legal consequences. Although the specific offences and penalties are not detailed in the provided text, breaches of the amended regulations could potentially lead to civil or criminal liabilities under both Commonwealth and Victorian law. The regulations clarify that the legislative instruments made to commence Schedules 2 to 5 are exempt from disallowance and sunsetting provisions (subregulations 2(2) and 2(3)), as they are considered akin to a commencement proclamation, which is typically exempt under the Legislative Instruments Act 2003. This exemption aims to avoid uncertainty that might arise if the instruments were subject to disallowance or sunsetting, given their critical role in conferring powers and functions on the ACC.