Criminology Research Regulations (Amendment)

Overview

The Criminology Research Act 1971, enacted by the Commonwealth Parliament, was designed to facilitate and regulate research in the field of criminology, ensuring that it is conducted in a manner that benefits the community and upholds ethical standards. The Act established the Criminology Research Council and outlined the responsibilities of the appropriate Minister for each state and the Northern Territory in nominating representatives to this council. The Criminology Research Regulations (Amendment) 1987 No. 167, which were introduced to address an outdated reference in the regulations, update the nomenclature of ministerial portfolios within the Northern Territory. Specifically, it amends the regulation to reflect the current title of the relevant ministry, changing the reference from the Minister for Correctional Services to the Minister for Health and Community Services. This amendment ensures that the regulatory framework remains current and accurately reflects the administrative structure of the Northern Territory.

Scope and Application

The Criminology Research Act 1971 applies to individuals and entities involved in criminological research within Australia. It specifically addresses the nomination of representatives from each state and the Northern Territory to the Criminology Research Council. The Act’s geographic reach is national, encompassing all states and the Northern Territory. Sub-regulation 4(2) of the Criminology Research Regulations, which was amended by the Criminology Research Regulations (Amendment) 1987 No. 167, prescribes the appropriate Minister for the Northern Territory, currently the "Minister for Health and Community Services." The amendment reflects the updated title of the relevant portfolio and ensures that the regulation aligns with current administrative structures. The Act does not explicitly state exclusions or thresholds, but its application is directed towards facilitating the research activities of the Criminology Research Council through the nomination of state and territory representatives. The regulation’s amendments extend the application by updating the title of the appropriate Minister for the Northern Territory to reflect current administrative changes.

Key Provisions

The Criminology Research Regulations (Amendment) 1987 No. 167 modifies the Criminology Research Regulations, specifically sub-regulation 4(2), to align with the current title of the relevant portfolio. As per section 4 of the Criminology Research Act 1971 (the Act), the term “the appropriate Minister” in relation to a State or the Northern Territory refers to a Minister of the Crown as prescribed. This regulation is significant because it ensures that the appropriate Minister has the function, as outlined in section 35, of nominating a representative for a State or the Northern Territory to the Criminology Research Council, which is established under the Act. The amendment to sub-regulation 4(2) updates the designation of the appropriate Minister for the Northern Territory from the Minister for Correctional Services to the Minister for Health and Community Services, reflecting the current title of the relevant portfolio. The obligations imposed by the Criminology Research Regulations (Amendment) 1987 No. 167 on the parties or entities it governs primarily pertain to the nomination process for the Criminology Research Council. The amendment ensures that the Minister for Health and Community Services, rather than the Minister for Correctional Services, is responsible for nominating a representative from the Northern Territory. This shift in responsibility requires the Minister for Health and Community Services to adhere to the nomination processes and requirements as stipulated in the Act and the Regulations. It also necessitates that any documentation, notifications, or actions previously directed to the Minister for Correctional Services are now directed to the Minister for Health and Community Services, ensuring continuity and compliance with the legislative framework. The Criminology Research Act 1971 does not explicitly outline specific offences, penalties, or consequences for breaches of the Criminology Research Regulations (Amendment) 1987 No. 167 within the text provided. However, it is implicit that any failure to comply with the nomination processes or any misidentification of the appropriate Minister could result in administrative or procedural consequences. For example, if the Minister for Health and Community Services fails to nominate a representative, this could lead to delays or gaps in the representation of the Northern Territory on the Criminology Research Council. While the exact penalties for such breaches are not detailed in the text, they would likely be addressed within the broader administrative and regulatory frameworks that govern the operation of the Criminology Research Council and the Act itself.