Criminal Code (Repeal and Consequential Amendments) Regulations 2019

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

Legislation au F2019L00567 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Minister for Home Affairs

 

Criminal Code Act 1995

 

Criminal Code (Repeal and Consequential Amendments) Regulations 2019

 

The Criminal Code Act 1995 (the Code) codifies the general principles of criminal responsibility under laws of the Commonwealth, and contains all the general principles of criminal responsibility that apply to any offence, irrespective of how the offence is created.

 

Section 5 of the Code provides 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.

 

As the Minister administering the Australian Federal Police Act 1979 (the AFP Minister), the Minister for Home Affairs is the rule-maker for regulations made for the purposes of the provisions listed in subsection 5(2) of the Code. For regulations made for the purposes of other provisions, the rule‑maker is the Attorney‑General who is the Minister responsible for administering the Code under the Administrative Arrangements Order.

 

The Criminal Code Regulations 2002 (the 2002 Regulations) are due to sunset on 1 October 2019, and are remade with amendments by the Criminal Code Regulations 2019. The Criminal Code (Repeal and Consequential Amendments) Regulations 2019 (the Repeal Regulations) repeal, and make one consequential amendment as a result of remaking, the 2002 Regulations.  

 

The Code specifies no conditions that need to be satisfied before the power to make regulations may be exercised.

 

Details of the Repeal 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 Office of Best Practice Regulation (the OBPR) has been consulted in relation to the Regulations. No Regulation Impact Statement is required. The OBPR consultation reference is 24588.

 

No other consultation was considered appropriate as the amendment did not substantially change existing arrangements. This accords with subsection 17(1) of the Legislation Act 2003 (the Legislation Act) which envisages consultations where appropriate and reasonably practicable.

 

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

 

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

 

Authority: Section 5 of the Criminal Code Act 1995

 

ATTACHMENT A

 

Details of the Criminal Code (Repeal and Consequential Amendments) Regulations 2019

 

Section 1 – Name

 

This section provides that the title of this instrument is the Criminal Code (Repeal and Consequential Amendments) Regulations 2019 (the Repeal Regulations).

 

Section 2 – Commencement

 

This section provides that the whole of the instrument is to commence at the same time as the Criminal Code Regulations 2019 commences.

 

Section 3 – Authority

 

This section provides that this instrument is made under the Criminal Code Act 1995 (the Code) and the Migration Act 1958.

 

Section 4 – Schedules

 

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

 

Schedule 1 – Repeals and amendments

 

Part 1 – Repeals

 

This Part provides that the whole of the Criminal Code Regulations 2002 be repealed.

 

Part 2 – Amendments

 

This Part amends paragraph 8556(b) of Schedule 8 to the Migration Regulations 1994 (the Migration Regulations) to refer to regulations made under the Code for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code.

 

Schedule 8 of the Migration Regulations 1994 stipulates visa conditions. The intention of paragraph 8556(b) is to stipulate that the holder of a visa must not communicate or associate with a terrorist organisation.

 

Terrorist organisations for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code are specified in a number of separate regulations made for the purposes of that provision. This amendment clarifies on the face of the Migration Regulations that the condition in paragraph 8556(b) relates to terrorist organisations specified for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code.

 

 

 

ATTACHMENT B

Statement of Compatibility with Human Rights

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

Criminal Code (Repeal and Consequential Amendments) Regulations 2019

This Disallowable 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 Legislative Instrument

The Criminal Code (Repeal and Consequential Amendments) Regulations 2019 (the Regulations) repeal, and make one consequential amendment as a result of remaking, the Criminal Code Regulations 2002 (the 2002 Regulations). The Criminal Code Regulations 2019 remake the 2002 Regulations in their entirety, with minor amendments.

Sections 1, 2, 3 and 4

Sections 1, 2, and 3 of the Regulations provide the name, commencement details, and authority of enacting the Regulations.

Section 4 provides that each instrument specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and that any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Repeals and amendments

Part 1 – Repeals

Part 1 provides that the whole of the 2002 Regulations be repealed.

Part 2 – Amendments

Part 2 amends paragraph 8556(b) of Schedule 8 to the Migration Regulations 1994 (the Migration Regulations) to omit reference to the 2002 Regulations and refer to regulations made under the Criminal Code Act 1995 (the Code) for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code. This amendment is technical in nature and does not change the operation of paragraph 8556(b).

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

The Hon Peter Dutton MP, Minister for Home Affairs

 

Overview

The Criminal Code (Repeal and Consequential Amendments) Regulations 2019, introduced by the Minister for Home Affairs, were enacted to address the impending sunset of the Criminal Code Regulations 2002. These regulations, made under Section 5 of the Criminal Code Act 1995, serve to repeal the 2002 Regulations and make necessary consequential amendments, primarily to the Migration Regulations 1994. The regulations are a legislative instrument under the Legislation Act 2003 and are designed to ensure the continued effectiveness of the criminal law framework. The regulations commenced on the day after they were registered on the Federal Register of Legislation. The Statement of Compatibility with Human Rights, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, confirms the regulations' compatibility with human rights. The Office of Best Practice Regulation has also been consulted, and no Regulation Impact Statement is required. These regulations aim to clarify and update the legal framework by repealing outdated regulations and ensuring that any necessary amendments to related legislation are correctly referenced and implemented. The repeal of the 2002 Regulations and the consequential amendment to the Migration Regulations demonstrate the need for ongoing review and updating of regulatory frameworks to maintain their relevance and effectiveness. The Regulations do not engage any of the applicable rights or freedoms as per the Statement of Compatibility with Human Rights, affirming their alignment with human rights standards.

Scope and Application

The Criminal Code Act 1995 codifies the general principles of criminal responsibility under the laws of the Commonwealth and applies to all offences irrespective of how they are created. The Criminal Code (Repeal and Consequential Amendments) Regulations 2019 repeal the Criminal Code Regulations 2002 and make one consequential amendment to the Migration Regulations 1994, clarifying the reference to terrorist organisations in the visa conditions. This instrument applies to the repeal of the 2002 Regulations and to the amendment of the Migration Regulations to ensure that visa holders do not communicate or associate with terrorist organisations as defined in the Criminal Code Act 1995. The repeal and amendment are technical in nature, and there are no stated exclusions, exemptions, or thresholds. The Regulations are applicable nationally across Australia and are made under the authority of the Criminal Code Act 1995 and the Migration Act 1958. The Regulations commence on the day after they are registered on the Federal Register of Legislation.

Key Provisions

The main sections of the Criminal Code (Repeal and Consequential Amendments) Regulations 2019 (the Repeal Regulations) are set out in Sections 1 to 4. Section 1 establishes the name of the Regulations as the Criminal Code (Repeal and Consequential Amendments) Regulations 2019. Section 2 states that the Regulations will commence at the same time as the Criminal Code Regulations 2019. Section 3 clarifies that the Regulations are made under the Criminal Code Act 1995 (the Code) and the Migration Act 1958. Section 4 provides that each instrument specified in a Schedule to the Regulations will be amended or repealed as set out in the applicable items of the Schedule, and that any other item in a Schedule to this instrument will have effect according to its terms. The obligations and requirements the Act imposes on the parties or entities it governs are primarily to ensure that the relevant regulations are updated and maintained in line with current legal frameworks. The Regulations are designed to repeal the existing Criminal Code Regulations 2002 and replace them with the Criminal Code Regulations 2019, which include minor amendments. Additionally, the Regulations make a consequential amendment to the Migration Regulations 1994, clarifying that visa conditions related to terrorist organisations refer to those specified under the Code. This ensures consistency and clarity in the application of visa conditions and the definition of terrorist organisations. The Criminal Code (Repeal and Consequential Amendments) Regulations 2019 do not introduce any new offences or penalties. Instead, they focus on repealing the outdated 2002 Regulations and ensuring that existing legal provisions are updated and correctly referenced. The consequential amendment to the Migration Regulations 1994 does not introduce new obligations or penalties but rather ensures that the conditions imposed on visa holders are accurately aligned with the current legal definitions. Therefore, the primary focus of these Regulations is on maintaining the integrity and effectiveness of the legal framework rather than imposing new sanctions.

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Criminal Law
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Regulation
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Commencement Provisions
Repeal & Amendment
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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.