Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019

Administered by Attorney-General's Department, Department of Home Affairs

Legislation au F2019L01004 Regulations Not in force Legislative Instrument

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Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019


 

REPLACEMENT EXPLANATORY STATEMENT


 

Issued by authority of the Attorney-General

in compliance with section 15J of the Legislation Act 2003

 

The Crimes Act 1914 (the Crimes Act) provides a procedural framework for the investigation and prosecution of Commonwealth criminal offences, along with a number of offences against the Commonwealth. The Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (the Amendment Act) made amendments to strengthen the Commonwealth response to organised crime. The Aviation Transport Security Act 2004 (the Aviation Act) provides a regulatory framework to safeguard against unlawful interference with aviation. The Maritime Transport and Offshore Facilities Security Act 2003 (the Maritime Act) safeguards against unlawful interference with maritime transport or offshore facilities.

Section 91 of the Crimes Act, Section 19 of the Amendment Act, section 133 of the Aviation Act and section 209 of the Maritime Act provide that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Attorney-General has administrative responsibility for the Crimes Act, with the exception of Parts IAA, IAAA, IAAB, IAB, IAC, IC,ID and IE, which are administered by the Minister for Home Affairs. The Minister for Home Affairs also has policy responsibility for Parts IACA, II, IIA, IV, VII and VIIA of the Crimes Act, and administrative and policy responsibility for Crimes Legislation Amendment (Serious and Organised Crime) Act 2010. Both the Attorney-General and the Minister for Home Affairs have approved the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 (the Regulations).

 

The Crimes Regulations 1990 (the 1990 Regulations) are due to sunset on 1 October 2019, and are remade with amendments by the Crimes Regulations 2019. The Regulations repeal the 1990 Regulations and make two consequential amendments concerning spent convictions to the regulations made under the Aviation Act and the Maritime Act.
 

The relevant Acts specify no conditions that need to be satisfied before the power to make regulations may be exercised.

The Office of Best Practice Regulation was consulted in the preparation of the Regulations and advised that a Regulatory Impact Statement was not required: OBPR ID 23356.

The Regulations were informed by consultation with the Department of Home Affairs. The Department of Home Affairs is the agency responsible for administering both the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003, which are amended by the Regulations.

The amendments are of a minor nature and do not substantially alter existing arrangements. Further, the Regulations were progressed in conjunction with the Crimes Regulations 2019, which were subject to broad consultation as outlined in the Explanatory Statement to that instrument, including with the Office of the Australian Information Commissioner in relation to spent convictions matters.

Details of the Regulations are set out in Attachment A.

A Statement of Compatibility with Human Rights (the Statement) has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the Regulations are compatible with human rights. A copy of the Statement is at Attachment B.

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commence on the day after they are registered on the Federal Register of Legislation.

 

Authority:  Section 91 of the Crimes Act 1914
Section 19 of the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

Section 133 of the Aviation Transport Security Act 2004

Section 209 of the Maritime Transport and Offshore Facilities Security Act 2003
 


ATTACHMENT A

 

NOTES ON SECTIONS

Section 1 – Name

This section provides that the title of this instrument is the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 (the Regulations).

Section 2 – Commencement

This section provides that the whole of the instrument commences at the same time as the Crimes Regulations 2019 commence.

Section 3 – Authority

This section provides that this instrument is made under the Aviation Transport Security Act 2004, the Crimes Act 1914, the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010, and the Maritime Transport and Offshore Facilities Security Act 2003.

Section 4 – Schedules

This section provides that each instrument specified in a Schedule to the Amendment Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Amendments

Part 1 – Repeals

This part provides that the whole of the Crimes Regulations 1990 be repealed.

Part 2 – Consequential amendments

Section 2 – Subregulation 6.01(1) (note 5 to the definition of conviction)

This section repeals note 5 to subsection 6.01(1) of the Aviation Transport Security Regulations 2005, and substitute it with a note that substitutes reference to the Crimes Regulations 1990 with reference to the Crimes Regulations 2019.  The effect of this section is to ensure the continuing accuracy of the note.

Section 3 – Subregulation 6.07B(1) (note 5 to the definition of conviction)

This section repeals note 5 to subsection 6.07B(1) of the Maritime Transport and Offshore Facilities Security Regulations 2003, and substitute it with a note that substitutes reference to the Crimes Regulations 1990 with reference to the Crimes Regulations 2019. The effect of this section is to ensure the continuing accuracy of the note.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 (the Amendment Regulations) provides for minor and technical amendments arising from the proposed Crimes Regulations 2019.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 were enacted to address the need for updating and replacing the existing Crimes Regulations 1990, which were due to sunset on 1 October 2019. This legislative instrument was introduced by the Commonwealth Parliament to facilitate the administration and enforcement of criminal law and security measures in aviation and maritime transport. The primary objective of the Regulations is to ensure that the legal framework remains current and effective in combating criminal activities. Both the Attorney-General and the Minister for Home Affairs have endorsed these Regulations, emphasising their compatibility with human rights and their alignment with the broader legislative reforms in criminal law and security. The Regulations repeal the 1990 Regulations and make minor consequential amendments to the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003, ensuring consistency and accuracy in the references to the updated Crimes Regulations 2019.

Scope and Application

The Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 applies to the amendments of the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003. These regulations are made under the authority of Section 91 of the Crimes Act 1914, Section 19 of the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010, Section 133 of the Aviation Transport Security Act 2004, and Section 209 of the Maritime Transport and Offshore Facilities Security Act 2003. The Regulations repeal the Crimes Regulations 1990 and make consequential amendments to the Aviation and Maritime Regulations concerning spent convictions. These Regulations have a Commonwealth jurisdictional reach, meaning they apply across the entire country. There are no specific exclusions, exemptions, or thresholds outlined in the text, although it is noted that the amendments are of a minor nature. The Regulations extend the application of the Acts by prescribing certain matters necessary for carrying out or giving effect to the Acts, as provided for in the relevant sections of the Acts.

Key Provisions

The main operative sections of the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 (the Regulations) include the repeal of the Crimes Regulations 1990 and the consequential amendments to the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003 (section 1 to 4). These sections provide for the necessary adjustments to ensure the continuing accuracy of references to the Crimes Regulations 2019. The Regulations are designed to streamline the regulatory framework and ensure consistency across related legislative instruments. They are made under the authority of the Crimes Act 1914, the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010, the Aviation Transport Security Act 2004, and the Maritime Transport and Offshore Facilities Security Act 2003. The Regulations impose specific obligations on parties and entities governed by the Acts. For instance, they require that any references to the Crimes Regulations 1990 in the Aviation and Maritime Regulations be updated to reflect the new Crimes Regulations 2019 (Schedule 1, Part 2, sections 2 and 3). This ensures that all relevant regulations remain accurate and aligned with the current legislative framework. Additionally, the Regulations ensure that the sunsetting of the 1990 Regulations is properly managed, with no disruptions to the regulatory requirements for aviation and maritime security. There are no specific offences or penalties outlined in the Regulations themselves. However, the underlying Acts—namely the Crimes Act, the Amendment Act, the Aviation Act, and the Maritime Act—do provide for various criminal and civil penalties for breaches of their provisions. For example, under the Crimes Act, serious offences can attract penalties such as imprisonment for significant periods, while specific aviation and maritime security offences carry their own respective penalties as outlined in those Acts. The Regulations aim to support the enforcement of these penalties by ensuring the regulatory framework is up to date and coherent. In summary, the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 focus on making minor and technical amendments to ensure the integrity and coherence of the regulatory framework governing aviation and maritime security, as well as the broader criminal law. These Regulations are essential for maintaining the effectiveness of the current legislative instruments by updating outdated references and ensuring that the legal framework remains current and consistent.

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Area of Law
Criminal Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Commencement Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.