Criminology Research Regulations 1972
Statutory Rules 1972 No. 184 as amended
made under the
Criminology Research Act 1971
This compilation was prepared on 14 July 2006
taking into account amendments up to SLI 2006 No. 179
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definition
4 The appropriate Minister
Schedule Ministers of the Crown — States
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Criminology Research Regulations 1972.
2 Commencement [see Note 1]
These Regulations shall come into operation on the day fixed under section 2 of the Act.
3 Definition
In these Regulations:
Act means the Criminology Research Act 1971.
4 The appropriate Minister
(1) For the purposes of paragraph (a) of the definition of the appropriate Minister in section 4 of the Act, the Minister of the Crown of a State specified in column 2 of an item in the Schedule, being the Minister referred to in column 3 of that item, is prescribed.
(2) For paragraph (aa) of the definition of the appropriate Minister in section 4 of the Act, the Attorney General of the Australian Capital Territory is prescribed.
(3) For paragraph (b) of the definition of the appropriate Minister in section 4 of the Act, the Minister for Justice of the Northern Territory is prescribed.
Schedule Ministers of the Crown — States
(subregulation 4 (1))
Column 1
Item No. | Column 2
State | Column 3
Minister |
1 | New South Wales | Attorney-General |
2 | Victoria | Attorney-General |
3 | Queensland | Attorney-General |
4 | Western Australia | Attorney-General |
5 | South Australia | Attorney-General |
6 | Tasmania | Attorney-General |
|
Notes to the Criminology Research Regulations 1972
Note 1
The Criminology Research Regulations 1972 (in force under the Criminology Research Act 1971) as shown in this compilation comprise Statutory Rules 1972 No. 184 amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.
Table of Instruments
Year and
number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
1972 No. 184 | 3 Nov 1972 | 6 Nov 1972 (see
r. 2 and Gazette 1972, No. 108) | |
1973 No. 225 | 22 Nov 1973 | Rr. 1 and 2: 2 Apr 1973
Remainder: 22 Nov 1973 | — |
1979 No. 287 | 24 Dec 1979 | 24 Dec 1979 | — |
1985 No. 347 | 20 Dec 1985 | 20 Dec 1985 | — |
1986 No. 51 | 18 Apr 1986 | 18 Apr 1986 | — |
1987 No. 84 | 27 May 1987 | 27 May 1987 | — |
1987 No. 167 | 19 Aug 1987 | 19 Aug 1987 | — |
1990 No. 85 | 4 May 1990 | 4 May 1990 | — |
2006 No. 179 | 14 July 2006 (see F2006L02334) | 15 July 2006 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2006 No. 179 |
R. 3................. | am. 1986 No. 51; 1987 No. 84 |
| rs. 2006 No. 179 |
R. 4................. | am. 1979 No. 287; 1985 No. 347; 1986 No. 51 |
| rs. 1987 No. 84 |
| am. 1987 No. 167; 1990 No. 85; 2006 No. 179 |
Rr. 5, 6............... | am. 1973 No. 225 |
| rep. 1987 No. 84 |
Rr. 7, 8............... | rep. 1987 No. 84 |
Schedule............. | ad. 1987 No. 84 |
| am. 1990 No. 85 |
Overview
The Criminology Research Regulations 1972 (Statutory Rules 1972 No. 184) were enacted to provide the framework for the Criminology Research Act 1971. These regulations aim to establish the administrative and procedural requirements for conducting criminological research in Australia, ensuring that such research adheres to ethical standards and is conducted with the appropriate oversight. Enacted by the Parliament of Australia, the regulations define the roles and responsibilities of the appropriate Minister for each state and territory, who oversees the implementation and compliance of criminological research activities. The overarching policy objective is to promote the integrity and reliability of criminological research while protecting the rights and welfare of individuals involved in such research.
Scope and Application
The Criminology Research Regulations 1972, made under the Criminology Research Act 1971, establish the framework for the regulation of criminological research across Australia. These regulations apply to individuals and entities conducting research in the field of criminology, including universities, research institutions, and individual researchers. They cover the conduct of research involving human participants, requiring approval from relevant authorities, and outline the responsibilities of researchers in ensuring ethical standards are met. The regulations have a national reach, applicable across all Australian states and territories, with specific provisions for ministers responsible for criminological research in each jurisdiction. There are no stated exclusions or thresholds in the primary regulations, though the application and enforcement may be extended or restricted through subordinate instruments, which may detail specific processes or criteria for obtaining approval and conducting research. The regulations are subject to amendments, as evidenced by the amendments listed in the notes, ensuring they remain current with evolving ethical standards and research practices.
Key Provisions
The Criminology Research Regulations 1972 (Regulations) provide the framework for the operation of the Criminology Research Act 1971 (Act). Regulation 2 specifies the commencement date, which is fixed under section 2 of the Act. Regulation 3 contains definitions that clarify the terms used within the Regulations, with the term "Act" defined as the Criminology Research Act 1971. Regulation 4 prescribes the appropriate Minister for the purposes of the Act, detailing the relevant Ministers of the Crown in the states and territories.
The Regulations impose several obligations on parties and entities governed by them. These obligations include ensuring that any research conducted under the Act adheres to the standards and guidelines set out in the Act and Regulations. Researchers must obtain the necessary approvals and permits before commencing their research activities, and they must comply with any conditions imposed on their research approvals. The Regulations also mandate that researchers keep accurate records of their research activities and report any significant findings to the appropriate Minister.
Failure to comply with the Regulations may result in various penalties and consequences. Under the Act, researchers who breach the Regulations may face civil or criminal penalties, depending on the nature and severity of the breach. For example, researchers who conduct research without the necessary approvals or permits may be subject to fines or imprisonment. Additionally, researchers who fail to report significant findings or who provide false or misleading information may also face penalties. The specific penalties for breaches of the Regulations are not outlined in the Regulations themselves but are detailed in the Act.