Crimes Regulations (Amendment) 1991 No. 258
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 258
Issued by the Authority of the Attorney-General
Crimes Act 1914
Crimes Regulations (Amendment)
Section 91 of the Crimes Act 1914 (the Crimes Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Regulations (Amendment):
• make amendments to an exclusion from the operation of the Commonwealth spent conviction scheme granted by existing regulations under paragraph 85ZZH(k) of the Crimes Act.
Part VIIC of the Crimes Act provides a scheme by which, after a period of ten years for an adult or five years for a minor, convictions for Commonwealth offences are to be treated as spent in that the convicted person need not disclose, nor may any other person or organisation disclose or take account of, such conviction.
Section 85ZZH in Part VIIC provides exclusions from the operation of the scheme for a number of specified purposes. Paragraph 85ZZH(k) provides that further exclusions may be prescribed.
A number of exclusions have already been prescribed in Schedule 4 to the Crimes Regulations; the proposed Regulations makes amendments to one of these.
Details of the Regulations are as follows:
Regulation 1.1: This regulation is a formal provision providing that the Crimes Regulations are amended as set out in the proposed regulations.
Regulation 2: This regulation amends Schedule 4 to the Crimes Regulations as follows:
Subregulation 2.1 amends Item 1 (column 3) by omitting paragraph (2) and substituting a paragraph to exclude Commonwealth Authorities from the operation of the spent conviction scheme, in relation to offences prescribed in column 4, for the purpose of assessing the suitability of a person to have right of access to a part of an aerodrome to which access is restricted for the purposes of an airport security program within the meaning of the Air Navigation Regulations. This amendment replaces an exclusion which incorrectly referred to regulations made under the Civil Aviation Act 1988.
Subregulation 2.2 amends Item 1(column 4) to express more clearly the intention of the legislation, namely, that the exclusion from the operation of the spent conviction scheme for the purposes set out in paragraph (2) of column 3 applies to offences of violence and to offences of threatened or actual damage to property and not only to an offence containing elements of both violence and damage to property.
Overview
The Crimes Regulations (Amendment) 1991 No. 258 was enacted to amend the existing exclusions from the operation of the Commonwealth spent conviction scheme under the Crimes Act 1914. This statutory rule was issued by the authority of the Attorney-General and aims to correct an error and clarify the scope of exclusions for specific purposes. The objective of the amendment is to rectify a misreference in the regulations and to more precisely delineate the types of offences that fall under the exclusion for assessing the suitability of individuals to access restricted areas of aerodromes for airport security programs.
The primary policy objective behind this amendment is to ensure that the regulations accurately reflect the intended legislative framework and to prevent the incorrect application of the spent conviction scheme in matters of airport security. By amending the exclusions under Schedule 4 to the Crimes Regulations, the regulation ensures that the scheme correctly excludes certain Commonwealth authorities from considering spent convictions for specified offences when evaluating access to restricted aerodrome areas. This amendment is crucial for maintaining the integrity of security assessments within the aviation sector.
Scope and Application
The Crimes Regulations (Amendment) 1991 No. 258 amends the exclusions from the operation of the Commonwealth spent conviction scheme as prescribed in the Crimes Regulations, thereby affecting the scope of conduct and circumstances under which certain convictions are considered spent. Specifically, the amendment clarifies and rectifies an exclusion in Schedule 4 to the Crimes Regulations, ensuring that the exclusion pertains to Commonwealth Authorities assessing the suitability of individuals for access to restricted parts of aerodromes for airport security purposes. This amendment is necessary to correct an earlier reference to the Civil Aviation Act 1988 that was inaccurately included in the regulations. The amendment applies to the Commonwealth and extends to entities involved in airport security programs, ensuring that the exclusion from the spent conviction scheme applies to relevant offences of violence or property damage. The Regulations are made under the authority of the Attorney-General and are subject to the Crimes Act 1914, which allows the Governor-General to create regulations for the purposes of the Act.
Key Provisions
The main operative sections of these regulations are Sections 1.1 and 2. Section 1.1 formally amends the Crimes Regulations to include the changes proposed in the amendment. Section 2 specifically modifies Schedule 4, which lists exclusions from the spent conviction scheme under the Crimes Act. Subregulation 2.1 revises the exclusion to properly reference the Air Navigation Regulations instead of the Civil Aviation Act 1988, ensuring that the exclusion applies to Commonwealth Authorities assessing suitability for access to restricted parts of aerodromes. Subregulation 2.2 clarifies that the exclusion applies to offences involving violence or damage to property, rather than only offences that include elements of both.
The obligations imposed by these regulations are primarily on Commonwealth Authorities tasked with assessing the suitability of individuals for access to restricted parts of aerodromes. These authorities must now follow the amended regulations when determining whether to consider a person's past convictions, specifically ensuring that they exclude relevant convictions under the updated criteria. Additionally, these authorities must ensure that they adhere to the correct legislative references and understand the broadened scope of excluded offences to make accurate assessments.
Failure to comply with these regulations can lead to legal consequences. While the explanatory statement does not detail specific offences or penalties for non-compliance, breaches of regulations related to the Crimes Act could result in civil or criminal penalties. These could include fines or imprisonment, depending on the nature and severity of the breach. The maximum penalties would align with those prescribed under the Crimes Act or other relevant legislation for similar regulatory infractions. It is essential for Commonwealth Authorities to be aware of these potential consequences to ensure they adhere to the amended regulations accurately.