Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsStatutory Rules 1990 No. 227 as amended
This compilation was prepared on 15 March 2012
taking into account amendments up to SLI 2012 No. 21
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney-General's Department, Canberra
Contents
1 Name of regulations [see Note 1] 5
2 Interpretation 5
3 Prescribed forms 5
4 Optional forms 5
4A Corresponding State controlled operations laws 5
4B Requirements for indemnification -- civil liability (Act s 15HB) 6
4BAA ACC prescribed delegates (Act s 15HG and 15MX) 7
4BAB Corresponding assumed identity law 7
4C Requirements for indemnification -- assumed identity (Act s 15KS) 8
4D Corresponding witness identity protection law 9
4E Meaning of civil proceeding 9
4F Use of video recordings -- specified persons 9
5 Prescribed State pre-release permit schemes 9
6 Prescribed State and Territory orders 11
6AA Offences for which a court may impose certain conditions (Act s 22) 12
6A Aboriginal legal aid organisations 12
6B Appropriately qualified persons 12
6C Prescribed procedure for determining a person's age (Act s 3ZQA) 13
6D Prescribed persons -- use or disclosure of information on DNA databases 14
6E Corresponding laws -- forensic procedures 14
7 Specified circumstances -- paragraph 85ZKB (2) (c) of the Act 15
7A Exclusions from Divisions 2 and 3 of Part VIIC of Act (Act s 85ZZGB, 85ZZGC and 85ZZGD) 17
8 Exclusions from Division 3 of Part VIIC of Act (Act s 85ZZH) 17
9 Repeal 18
10 Savings 18
11 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 18
Schedule 1 Prescribed forms 21
Schedule 2 Optional forms 22
Schedule 3 23
Form 1 Form for the purposes of section 16BA 23
Form 2 Warrant under section 19AS authorising the detention of a person 26
Form 3 Notice of revocation under subsection 19AU (2) 27
Form 4 Warrant for arrest under subsection 19AV (2) 28
Form 5 Warrant under subsection 19AW (1) authorising the detention of a person 29
Form 6 Warrant under subsection 19AW (2) authorising the remand of a person 30
Form 7 Order under paragraph 19AX (1) (b) for the detention of a person 31
Form 8 Notification of breach under subsection 19AX (2) 32
Form 9 Summons under subsection 19AZ (2) 33
Form 10 Order and recognisance under subsection 19B (1) 34
Form 11 Order and recognisance under paragraph 20 (1) (a) 37
Form 12 Order and recognisance under paragraph 20 (1) (b) 40
Form 13 Warrant for arrest under subsection 20BF (3) 43
Form 14 Warrant under subsection 20BF (5) authorising the detention of a person 44
Form 15 Warrant under subsection 20BF (6) authorising the remand of a person 45
Form 16 Warrant for arrest under subsection 20BM (3) 46
Form 17 Warrant under subsection 20BM (5) authorising the detention of a person 47
Form 18 Warrant under subsection 20BM (6) authorising the remand of a person 48
Form 19 Summons under *paragraph 20BW (1) (a)/*section 20BY 49
Form 20 Warrant for arrest under *paragraph 20BW (1) (b)/*section 20BY 50
Form 21 Warrant of arrest under *subsection 20BW (2)/*section 20BY 51
Form 22 Certificate under subsection 21B (3) 52
Schedule 3A Aboriginal legal aid organisations 53
Schedule 3B Appropriately qualified persons 55
Schedule 3C Provisions of corresponding laws taken to correspond to particular Divisions of Part 1D of the Act 57
Schedule 4 Spent convictions -- exclusions from privacy provisions 64
Schedule 5 Transitional matters relating to Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 76
Part 1 Chief officers' annual reports 76
Part 2 Pre-commencement controlled operation 76
Part 3 Assumed identity authorisations -- jurisdictions that are not participating jurisdictions 77
Notes 80
Note
You have been convicted of a federal offence under the Crimes
Act 1914 or, under section 19B of that Act, you have been discharged
without conviction and the court has ordered you to make reparation to the
Commonwealth or a public authority under the Commonwealth by payment of an
amount of money or otherwise. This payment is in addition to any fine or other
penalty imposed by the court. The above certificate when filed in a court of
civil jurisdiction is enforceable as a final judgement of the court in which it
is filed.
Schedule
3A
Aboriginal legal aid organisations
Aboriginal and Torres Strait
Islanders Corporation (Q.E.A.) for Legal Services Aboriginal Legal Rights Movement
Incorporated Aboriginal Legal Service Ltd Aboriginal Legal
Service of Western Australia (Inc.) Central Australian Aboriginal Legal Aid
Service Incorporated Charleville and South West Queensland
Aboriginal and Torres Strait Islander Corporation for Legal Services Ipswich Regional Aboriginal and Torres
Strait Islanders Corporation for Legal Services Katherine Regional Aboriginal Legal Aid
Service Inc. Mackay and Districts Aboriginal and Torres
Strait Islanders Corporation for Legal Aid Services Njiku Jowan Legal Service (N.Q.) Ltd. North Australian Aboriginal Legal Aid
Service Inc. Pitjantjatjara Council Incorporated Q.E.C. Aboriginal and Torres Strait
Islanders Corporation for Legal Services South Coast Aboriginal Legal Service Ltd South East Queensland Aboriginal
Corporation for Legal Services T.S.N.P. Torres Strait Islanders and
Aboriginal Corporation for Legal Services Tasmanian Aboriginal Centre Incorporated Tharpuntoo Legal Service Aboriginal
Corporation Townsville and Districts Aboriginal and
Torres Strait Islanders Corporation for Legal Aid Services Victorian Aboriginal Legal Service Co-operative
Limited West Queensland Aboriginal and Torres
Strait Islanders Corporation for Legal Aid Western Aboriginal Legal Service Ltd
Schedule
3B
Appropriately qualified persons
|
Item |
Forensic procedure |
Qualified person |
|
1 |
external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts |
forensic scientist forensic technician |
|
2 |
taking of a sample of blood |
forensic scientist forensic technician for a fingerprick only: constable |
|
3 |
taking of a sample of saliva, or a sample by buccal swab |
forensic scientist forensic technician constable |
|
4 |
taking of a sample of pubic hair |
forensic scientist forensic technician |
|
5 |
taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts |
forensic scientist forensic technician |
|
6 |
taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts |
forensic scientist forensic technician |
|
7 |
taking of a photograph of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts |
medical practitioner forensic scientist forensic technician |
|
8 |
external examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing |
forensic scientist forensic technician constable |
|
9 |
taking of a sample of hair other than pubic hair |
forensic scientist forensic technician |
|
10 |
taking of a sample from a nail or from under a nail |
forensic scientist forensic technician |
|
11 |
taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts |
forensic scientist forensic technician |
|
12 |
taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts |
forensic scientist forensic technician |
|
13 |
taking of a photograph of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts |
for a photograph: constable medical practitioner forensic scientist forensic technician for an impression or cast of a wound: medical practitioner forensic scientist forensic technician |
(subregulation 6E (2))
|
Item |
Part 1D provisions |
Corresponding provisions |
|
1 |
Division 3 (Forensic procedures on suspect by consent) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 3 * Crimes Act 1958 (Victoria), sections 464R and 464S * Police Powers and Responsibilities Act 2000 (Queensland), Part 2 and Division 2 of Part 5 of Chapter 8A and section 318ZL * Criminal Investigation (Identifying People) Act 2002 (Western Australia), sections 37 to 41, 49, 50 and subsection 51 (1) * Criminal Law (Forensic Procedures) Act 1998 (South Australia), Divisions 1 and 2 of Part 3 * Forensic Procedures Act 2000 (Tasmania), Divisions 1 and 2 of Part 2 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.3 |
|
2 |
Division 4 (Non-intimate forensic procedures on suspect by order of a senior constable) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 4 * Police Powers and Responsibilities Act 2000 (Queensland), Divisions 1 to 3 of Part 4 of Chapter 8A, sections 308, 309 and 310, and Part 6 of Chapter 8A * Criminal Investigation (Identifying People) Act 2002 (Western Australia), sections 42 to 44 and subsections 51 (2) and (3) * Criminal Law (Forensic Procedures) Act 1998 (South Australia), Divisions 1 and 3 to 8 of Part 3 * Forensic Procedures Act 2000 (Tasmania), Divisions 1 and 3 of Part 2 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.4 |
|
3 |
Division 5 (Forensic procedures on suspect by order of a magistrate) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 5 * Crimes Act 1958 (Victoria), sections 464T to 464X * Police Powers and Responsibilities Act 2000 (Queensland), Part 3 of Chapter 8A and sections 311 and 313 * Criminal Investigation (Identifying People) Act 2002 (Western Australia), sections 45 and 46 |
|
|
|
* Criminal Law (Forensic Procedures) Act 1998 (South Australia), Divisions 1 and 3 to 8 of Part 3 * Forensic Procedures Act 2000 (Tasmania), Divisions 1, 4 and 5 of Part 2 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.5 |
|
4 |
Division 6 (Carrying out forensic procedures on suspects) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 6 * Crimes Act 1958 (Victoria), sections 464Y to 464ZD * Police Powers and Responsibilities Act 2000 (Queensland), sections 278 and 279, Part 4, Divisions 1 to 3 of Part 5 and Parts 6, 7 and 8 of Chapter 8A * Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 8 * Criminal Law (Forensic Procedures) Act 1998 (South Australia), Part 2, Divisions 1 to 4 of Part 4 and Division 1 of Part 4A * Forensic Procedures Act 2000 (Tasmania), Part 5 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.6 |
|
5 |
Division 6A (Carrying out of certain forensic procedures after conviction of serious and prescribed offenders) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 7 * Crimes Act 1958 (Victoria), sections 464ZF and 464ZFA * Police Powers and Responsibilities Act 2000 (Queensland), sections 312, 313 and 315 * Criminal Investigation (Identifying People) Act 2002 (Western Australia), Schedule 1 * Criminal Law (Forensic Procedures) Act 1998 (South Australia), Part 3A, Division 1A of Part 4 and Division 1 of Part 4A * Forensic Procedures Act 2000 (Tasmania), Part 3 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.7 |
|
6 |
Division 6B (Carrying out of forensic procedures on volunteers and certain other persons) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 8 * Crimes Act 1958 (Victoria), sections 64ZGB to 64ZGF * Police Powers and Responsibilities Act 2000 (Queensland), Part 2 and Division 2 of Part 5 of Chapter 8A and section 318ZL * Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 4, Division 2 |
|
|
|
* Criminal Law (Forensic Procedures) Act 1998 (South Australia), Parts 2A and 2B and Division 3 of Part 4A * Forensic Procedures Act 2000 (Tasmania), Part 4 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.8 |
|
7 |
Division 7 (Admissibility of evidence) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 9 * Crimes Act 1958 (Victoria), section 464ZE * Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 11 * Criminal Law (Forensic Procedures) Act 1998 (South Australia), Part 5 * Forensic Procedures Act 2000 (Tasmania), Part 6 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.9 |
|
8 |
Division 8 (Destruction of forensic material) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 10 * Crimes Act 1958 (Victoria), sections 464ZFB, 464ZFC, 464ZG and 464ZGA * Police Powers and Responsibilities Act 2000 (Queensland), Division 4 of Part 4 of Chapter 8A and section 318H |
|
|
|
* Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 9 * Criminal Law (Forensic Procedures) Act 1998 (South Australia), Division 4 of Part 4A * Forensic Procedures Act 2000 (Tasmania), Part 7 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.10 |
|
9 |
Division 8A (DNA database system) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 11 * Crimes Act 1958 (Victoria), section 464ZFD and sections 464ZGG to 64ZGK * Police Powers and Responsibilities Act 2000 (Queensland), Division 6 of Part 5 and Part 10 of Chapter 8A * Police Powers and Responsibilities Regulation 2000 (Queensland), Part 2A and Schedules 1 and 7 * Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 10 * Criminal Law (Forensic Procedures) Act 1998 (South Australia), Part 5A * Forensic Procedures Act 2000 (Tasmania), Part 8 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.11 |
|
10 |
Division 11 (Interjurisdictional enforcement) |
* Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 12 * Crimes Act 1958 (Victoria), sections 464ZGL to 64ZGO * Police Powers and Responsibilities Act 2000 (Queensland), Parts 9 and 11 of Chapter 8A * Police Powers and Responsibilities Regulation 2000 (Queensland), Schedule 7 * Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 12 * Criminal Law (Forensic Procedures) Act 1998 (South Australia), section 51 * Forensic Procedures Act 2000 (Tasmania), Part 9 * Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.13 |
Schedule 4 Spent convictions -- exclusions from privacy provisions
|
Column 1 Item No. |
Column 2 Prescribed persons |
Column 3 Prescribed purposes |
Column 4 Prescribed offences |
||
|
1 |
Commonwealth authorities |
(1) Assessing the suitability of a person to be employed, or otherwise engaged, in work that is likely to involve access to national security information classified as secret or top secret |
All offences |
||
|
|
|
(2) Providing assistance to a person referred to in paragraph 85ZZH (d) of the Act in relation to the making of a decision referred to in that paragraph |
All offences |
||
|
2 |
The Defence Force |
Assessing the suitability of a person for appointment to a position involving the care, instruction or supervision of minors |
Designated offences |
||
|
3 |
The Director of Military Prosecutions referred to in section 188G of the Defence Force Discipline Act 1982 or a prosecutor referred to in rule 37 of the Summary Authority Rules. |
Considering whether to prosecute and making submissions and decisions as to sentence |
All offences |
||
|
4 |
Australian Customs Service |
(1) Assessing the suitability of a person to have responsibility for matters relating to law enforcement |
All offences |
||
|
|
|
(2) Considering whether to prosecute and making submissions as to sentence |
All offences |
||
|
5 |
Governments of Queensland, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory |
Assessing the suitability of a person for appointment as a justice of the peace |
All offences |
||
|
6 |
Prison administrations in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania and the Northern Territory |
Assessing the suitability of a person to have responsibility for the care or control of prisoners |
Offences involving violence |
||
|
7 |
A person who, or body which, employs or otherwise engages persons to provide care for the disabled in residential settings in Victoria |
Assessing the suitability of a person to have responsibility for the care of the disabled in a residential setting |
Offences involving violence |
||
|
8 |
Commonwealth Government and Governments of Queensland, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory |
Assessing the suitability of a person to be licensed as director, or appointed as the chief executive, of a casino |
All offences |
||
|
9 |
Government of Tasmania |
Assessing the suitability of a person for appointment to the Poppy Advisory and Control Board |
Drug offences |
||
|
10 |
Poppy Advisory and Control Board, Tasmania |
(1) Assessing the suitability of a person to be the holder of a licence to grow opium poppies |
Drug offences |
||
|
|
|
(2) Assessing the suitability of a person to be employed, or otherwise engaged, by the Poppy Advisory and Control Board, Tasmania in connection with: |
Drug offences |
||
|
|
|
(a) the processing of applications for licences to grow opium poppies; or |
|
||
|
|
|
(b) the monitoring of the growing of opium poppies |
|
||
|
11 |
Persons or bodies lawfully engaged in the growing of opium poppies or the production of opiate alkaloids |
Assessing the suitability of a person to be employed, or otherwise engaged, in connection with the growing of opium poppies or the production of opiate alkaloids |
Drug offences |
||
|
12 |
Public libraries, university libraries, public archives offices and the Australian War Memorial |
Making available material for research, reference or study |
All offences |
||
|
13 |
Respite Care ACT Incorporated, the Australian Capital Territory |
Assessing the suitability of a person to have responsibility for the care of a disabled or aged person in the disabled or aged person's home |
Offences against the person |
||
|
14 |
An issuing body (within the meaning of regulation 6.01 of the Aviation Transport Security Regulations 2005) |
Assessing whether to issue an aviation security identification card (within the meaning of regulation 1.03 of the Aviation Transport Security Regulations 2005) to a person in accordance with Part 6 of those Regulations |
Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) Offences against Part 5.3 of the Criminal Code |
||
|
15 |
A person who, or body which, employs or otherwise engages another person to provide services or undertake work at a place where care, instruction or supervision services for minors are provided |
Assessing the suitability of a person to be employed, or otherwise engaged for financial reward, in work that is likely to involve direct contact with minors |
Designated offences |
||
|
16 |
Australian Securities and Investments Commission |
(1) Considering whether to prosecute and making submissions as to sentence |
All offences |
||
|
|
|
(2) Assessing the suitability of a person: |
All offences |
||
|
|
|
(a) to be a member of the Australian Securities and Investments Commission: or |
|
||
|
|
|
(b) to be employed by the Australian Securities and Investments Commission; or |
|
||
|
|
|
(c) to be engaged as a consultant to the Australian Securities and Investments Commission; or |
|
||
|
|
|
(d) to be engaged to perform services for the Australian Securities and Investments Commission |
|
||
|
17 |
A person who, or body which, employs or otherwise engages persons to provide advocacy or care for intellectually disabled persons |
Assessing the suitability of a person: (a) to act as an advocate for an intellectually disabled person; or (b) to have responsibility for the care of an intellectually disabled person |
Offences against the person |
||
|
18 |
Australian Capital Territory Corrective Services |
Assessing the suitability of a person to have responsibility for the care or control of prisoners |
Offences involving violence |
||
|
|
|
Example for item 18 'Prisoner' includes a detainee under: * Custodial Escorts Act 1998 (ACT) * Periodic Detention Act 1995 (ACT) * Remand Centres Act 1976 (ACT) |
|
||
|
19 |
A person who, or body which, employs or otherwise engages persons to care for or control a detainee under the Migration Act 1958 |
Assessing the suitability of a person to have responsibility for the care or control of a detainee under the Migration Act 1958 |
Offences involving violence |
||
|
20 |
An issuing body (within the meaning given by regulation 6.07B of the Maritime Transport and Offshore Facilities Security Regulations 2003) |
Assessing whether to issue a MSIC (maritime security identification card) to a person in accordance with Subdivision 6.1A.4 of the Maritime Transport and Offshore Facilities Security Regulations 2003 |
(1) Offences against Part 4 of the Australian Passports Act 2005 (2) Offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914 (3) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) |
||
|
|
|
|
(4) Offences against Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code |
||
|
|
|
|
(5) Offences against section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (6) Offences against Division 10 of Part IV of the Navigation Act 1912 (7) Offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
||
|
21 |
The Secretary of the Attorney-General's Department and AusCheck staff members (within the meaning of subsection 4 (1) of the AusCheck Act 2007) |
For the purposes of the AusCheck scheme (within the meaning of subsection 4 (1) of the AusCheck Act 2007) |
(1) For an applicant for, or holder of, an aviation security identification card (within the meaning of subsection 4 (1) of the AusCheck Act 2007): (a) offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and |
||
|
|
|
|
(b) offences against Part 5.3 of the Criminal Code |
||
|
|
|
|
(2) For an applicant for, or holder of, a maritime security identification card (within the meaning of subsection 4 (1) of the AusCheck Act 2007): (a) offences against Part 4 of the Australian Passports Act 2005; and |
||
|
|
|
|
(b) offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914; and (c) offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and |
||
|
|
|
|
(d) offences against Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code; and |
||
|
|
|
|
(e) offences against section 233, 233A, 233BAA or 233BAB of the Customs Act 1901; and |
||
|
|
|
|
(f) offences against Division 10 of Part IV of the Navigation Act 1912; and (g) offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
||
|
|
|
|
(3) For an individual required to undergo, or who has undergone, a NHS check (within the meaning of the Security-sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007): (a) offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914; and |
||
|
|
|
|
(b) offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and |
||
|
|
|
|
(c) offences against Part 5.1 or 5.3 of the Criminal Code; and (d) offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
||
|
22 |
The Secretary of the Department administering the Aviation Transport Security Act 2004 |
Assessing whether to approve the issue of an aviation security identification card to a person in accordance with regulation 6.29 of the Aviation Transport Security Regulations 2005 |
(1) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) (2) Offences against Part 5.3 of the Criminal Code |
||
|
23 |
The Secretary of the Department administering the Maritime Transport and Offshore Facilities Security Act 2003 |
Assessing whether to approve the issue of a maritime security identification card to a person in accordance with regulation 6.08F of the Maritime Transport and Offshore Facilities Security Regulations 2003 |
(1) Offences against Part 4 of the Australian Passports Act 2005 (2) Offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914 |
|
|
|
|
|
|
(3) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) |
|
|
|
|
|
|
(4) Offences against Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code |
|
|
|
|
|
|
(5) Offences against section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 |
|
|
|
|
|
|
(6) Offences against Division 10 of Part IV of the Navigation Act 1912 |
|
|
|
|
|
|
(7) Offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
|
|
|
24 |
An entity to which Division 5 of Part 3 of the National Health Security Act 2007 applies |
Assessing whether to authorise a person under clause 3.3 of the Security-sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007 |
(1) Offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914 (2) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) |
|
|
|
|
|
|
(3) Offences against Part 5.1 or 5.3 of the Criminal Code (4) Offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
|
|
Schedule 5 Transitional matters relating to Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
Part 1 Chief officers' annual reports
1.01 A report required to be laid before each House of Parliament under section 15HN of the Crimes Act 1914 may be combined with a report required to be laid before each House of Parliament under section 15T of the Crimes Act 1914, as continued in force by Schedule 3 to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Part 2 Pre-commencement controlled operation
2.01 These Regulations, as in force immediately before commencement, continue to apply after commencement to a pre-commencement controlled operation.
2.02 In this Part:
commencement means the commencement of Schedule 3 to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Part 3 Assumed identity authorisations -- jurisdictions that are not participating jurisdictions
3.01 The provisions are the following.
4BB Definition of authorising persons -- prescribed classes for State or Territory participating agencies (Act s 15XA)
For paragraph (b) of the definition of authorising person in subsection 15XA (1) of the Act, the following classes of persons in a State or Territory participating agency are prescribed:
(a) if the participating agency is the Police Service of New South Wales -- any member of the Police Service Senior Executive Service within the meaning of section 33 of the Police Act 1990 (NSW);
(b) if the participating agency is the Police Force of Victoria -- any Deputy Commissioner or Assistant Commissioner, within the meaning of section 4 of the Police Regulation Act 1958 (Vic);
(c) if the participating agency is the Queensland Police Service -- any person who holds a position in the police service as an executive officer, within the meaning of section 1.4 of the Police Service Administration Act 1990 (Qld);
(d) if the participating agency is the Western Australia Police Force -- any commissioned officer, within the meaning of section 6 of the Police Act 1892 (WA), who has been appointed as a Deputy Commissioner or Assistant Commissioner, as provided under section 9 of that Act;
(e) if the participating agency is the South Australia Police:
(i) the Deputy Commissioner, within the meaning of section 14 of the Police Act 1998 (SA); or
(ii) any Assistant Commissioner, within the meaning of section 15 of that Act;
(f) if the participating agency is the Tasmanian Police Force:
(i) the Deputy-Commissioner, within the meaning of section 9 of the Police Regulation Act 1898 (Tas); or
(ii) any Assistant Commissioner, within the meaning of section 9A of that Act;
(g) if the participating agency is the Police Force of the Northern Territory:
(i) any Deputy Commissioner of Police, within the meaning of section 7 of the Police Administration Act (NT); or
(ii) any Assistant Commissioner of Police, within the meaning of section 8 of that Act;
(h) if the participating agency is the Independent Commission against Corruption established under the Independent Commission against Corruption Act 1988 (NSW) -- any Assistant Commissioner, within the meaning of section 6 of that Act;
(i) if the participating agency is the Queensland Crime and Misconduct Commission -- any assistant commissioner within the meaning of section 239 of the Crime and Misconduct Act 2001 (Qld);
(j) if the participating agency is the Anti-Corruption Commission established under the Anti-Corruption Commission Act 1988 (WA) -- any person appointed, under section 6 of that Act, as an officer of the Commission at the level designated 'Senior Manager';
(k) if the participating agency is the Royal Commission appointed under section 5 of the Royal Commissions Act 1968 (WA) by Commission dated 12 December 2001 -- the person appointed by that Commission;
(l) if the participating agency is the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 (NSW):
(i) any Assistant Commissioner, within the meaning of section 5 of that Act; or
(ii) any person employed, under section 32 of that Act, as a Director or Assistant Director;
(m) if the participating agency is the Police Integrity Commission established under the Police Integrity Commission Act 1996 (NSW) -- any Assistant Commissioner, within the meaning of section 8 of that Act.
4BC Definition of State or Territory participating agency -- prescribed bodies (Act s 15XA)
For paragraph (d) of the definition of State or Territory participating agency in subsection 15XA (1) of the Act, the following are prescribed:
(a) Office of Police Integrity established under the Police Regulation Act 1958 (Vic);
(b) the Royal Commission appointed under section 5 of the Royal Commissions Act 1968 (WA) by Commission dated 12 December 2001.
Notes to the Crimes Regulations 1990
Note 1
The Crimes Regulations 1990 (in force under the Crimes Act 1914) as shown in this compilation comprise Statutory Rules 1990 No. 227 amended as indicated in the Tables below.
Table of Instruments
|
Year and |
Date of notification |
Date of |
Application, saving or |
|
1990 No. 227 |
12 July 1990 |
12 July 1990 |
|
|
1991 No. 235 |
31 July 1991 |
31 July 1991 |
-- |
|
1991 No. 258 |
30 Aug 1991 |
30 Aug 1991 |
-- |
|
1992 No. 91 |
14 Apr 1992 |
22 Apr 1992 |
-- |
|
1992 No. 276 |
26 Aug 1992 |
26 Aug 1992 |
-- |
|
1994 No. 297 |
31 Aug 1994 |
1 Sept 1994 |
-- |
|
1995 No. 23 |
28 Feb 1995 |
28 Feb 1995 |
-- |
|
1996 No. 7 |
31 Jan 1996 |
31 Jan 1996 |
-- |
|
1996 No.125 |
28 June 1996 |
R. 4.1: 1 July 1996 |
-- |
|
1996 No. 228 |
30 Oct 1996 |
4 Nov 1996 |
-- |
|
1996 No. 264 |
11 Dec 1996 |
11 Dec 1996 |
-- |
|
1997 No. 14 |
21 Feb 1997 |
21 Feb 1997 |
-- |
|
1998 No. 68 |
24 Apr 1998 |
24 Apr 1998 |
-- |
|
1998 No. 361 |
22 Dec 1998 |
24 Jan 1999 |
-- |
|
1999 No. 156 |
28 July 1999 |
28 July 1999 |
-- |
|
2000 No. 99 |
15 June 2000 |
15 June 2000 |
-- |
|
2000 No. 100 |
15 June 2000 |
15 June 2000 |
-- |
|
2000 No. 219 |
17 Aug 2000 |
17 Aug 2000 |
-- |
|
2001 No. 49 |
29 Mar 2001 |
2 Apr 2001 |
-- |
|
2001 No. 105 |
4 June 2001 |
4 June 2001 |
-- |
|
2001 No. 138 |
20 June 2001 |
20 June 2001 (see r. 2 and Gazette 2001, No. GN24) |
-- |
|
2001 No. 334 |
21 Dec 2001 |
21 Dec 2001 |
-- |
|
2002 No. 5 |
21 Feb 2002 |
21 Feb 2002 |
-- |
|
2002 No. 66 |
12 Apr 2002 |
12 Apr 2002 |
-- |
|
2002 No. 186 |
15 Aug 2002 |
15 Aug 2002 |
-- |
|
2002 No. 194 |
29 Aug 2002 |
29 Aug 2002 |
-- |
|
2002 No. 326 |
20 Dec 2002 |
1 Jan 2003 (see r. 2) |
-- |
|
2003 No. 165 |
2 July 2003 |
2 July 2003 |
-- |
|
2003 No. 248 |
10 Oct 2003 |
10 Oct 2003 |
-- |
|
2003 No. 265 |
28 Oct 2003 |
1 Nov 2003 |
-- |
|
2003 No. 306 |
11 Dec 2003 |
11 Dec 2003 |
-- |
|
2003 No. 307 |
11 Dec 2003 |
Rr. 1-3 and Schedule 1: 11 Dec 2003 |
-- |
|
2003 No. 338 |
23 Dec 2003 |
1 Jan 2004 |
-- |
|
2004 No. 164 |
1 July 2004 |
Rr. 1-3 and Schedule 1: 1 Sept 1995 |
-- |
|
2004 No. 287 |
7 Sept 2004 |
7 Sept 2004 |
-- |
|
2005 No. 81 |
12 May 2005 (see F2005L01124) |
13 May 2005 |
-- |
|
2005 No. 200 |
2 Sept 2005 (see F2005L01997) |
3 Sept 2005 |
-- |
|
2005 No. 202 |
16 Sept 2005 (see F2005L02591) |
1 Oct 2005 |
-- |
|
2006 No. 127 |
15 June 2006 (see F2006L01816) |
16 June 2006 |
-- |
|
2006 No. 288 |
16 Nov 2006 (see F2006L03649) |
17 Nov 2006 |
-- |
|
2007 No. 38 |
23 Mar 2007 (see F2007L00755) |
24 Mar 2007 |
-- |
|
2007 No. 139 |
8 June 2007 (see |
9 June 2007 |
-- |
|
2009 No. 3 |
6 Feb 2009 (see F2009L00231) |
7 Feb 2009 |
-- |
|
2009 No. 56 |
15 Apr 2009 (see F2009L01214) |
16 Apr 2009 |
-- |
|
2010 No. 13 |
3 Mar 2010 (see F2010L00511) |
4 Mar 2010 |
-- |
|
2010 No. 61 |
16 Apr 2010 (see F2010L00777) |
17 Apr 2010 |
-- |
|
2010 No. 153 |
2 July 2010 (see F2010L01782) |
Rr. 1-3 and Schedule 1: 3 July 2010 |
-- |
|
2010 No. 251 |
28 Oct 2010 (see F2010L02829) |
Rr. 1-3 and Schedule 1: |
-- |
|
2012 No. 20 |
14 Mar 2012 (see F2012L00576) |
15 Mar 2012 |
-- |
|
2012 No. 21 |
14 Mar 2012 (see F2012L00577) |
15 Mar 2012 |
-- |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
R. 1......................................... |
rs. 1998 No. 361 |
|
R. 4A....................................... |
ad. 2001 No. 334 |
|
|
rs. 2002 No. 186 |
|
|
am. 2003 No. 248 |
|
|
rs. 2010 No. 13 |
|
Heading to r. 4B................... |
rs. 2010 No. 13 |
|
R. 4B....................................... |
ad. 2001 No. 334 |
|
|
am. 2002 No. 326; 2010 No. 13 |
|
Heading to r. 4BA................ |
rs. 2002 No. 186 |
|
|
rep. 2010 No. 13 |
|
R. 4BA.................................... |
ad. 2002 No. 5 |
|
|
am. 2002 Nos. 186 and 326; 2009 No. 56 |
|
|
rep. 2010 No. 13 |
|
R. 4BB.................................... |
ad. 2002 No. 186 |
|
|
am. 2009 No. 56 |
|
|
rep. 2010 No. 13 |
|
R. 4BC.................................... |
ad. 2002 No. 186 |
|
|
rs. 2007 No. 38 |
|
|
rep. 2010 No. 13 |
|
Note to r. 4BC....................... |
ad. 2009 No. 56 |
|
|
rep. 2010 No. 13 |
|
R. 4BAA................................. |
ad. 2010 No. 13 |
|
R. 4BAB................................. |
ad. 2010 No. 13 |
|
Heading to r. 4C................... |
rs. 2010 No. 13 |
|
R. 4C...................................... |
ad. 2001 No. 334 |
|
|
am. 2010 No. 13 |
|
R. 4D...................................... |
ad. 2010 No. 13 |
|
R. 4E....................................... |
ad. 2010 No. 13 |
|
R. 4F....................................... |
ad. 2010 No. 153 |
|
R. 5......................................... |
am. 1991 No. 235; 1992 No. 91; 1996 Nos. 125, 228 and 264; 2001 No. 49; 2003 Nos. 306 and 338 |
|
|
rs. 2012 No. 21 |
|
Note to r. 5 (1) (d)................. |
ad. 2003 No. 306 |
|
|
rep. 2012 No. 21 |
|
R. 6......................................... |
am. 1992 No. 91; 1994 No. 297; 1996 Nos. 125 and 228; 1997 No. 14; 2000 No. 99; 2003 No. 307; 2004 No. 164; 2010 No. 251 |
|
|
rs. 2012 No. 21 |
|
R. 6AA.................................... |
ad. 2005 No. 200 |
|
R. 6A....................................... |
ad. 1992 No. 276 |
|
R. 6B....................................... |
ad. 1998 No. 361 |
|
R. 6C...................................... |
ad. 2001 No. 105 |
|
R. 6D...................................... |
ad. 2001 No. 138 |
|
R. 6E....................................... |
ad. 2001 No. 138 |
|
|
am. 2002 No. 194; 2003 No. 165; 2005 No. 81; 2006 No. 288; 2010 No. 13 |
|
R. 6F....................................... |
ad. 2001 No. 334 |
|
|
rep. 2002 No. 66 |
|
R. 7A....................................... |
ad. 2010 No. 61 |
|
|
am. 2012 No. 20 |
|
Heading to r. 8...................... |
rs. 2010 No. 61 |
|
R. 8......................................... |
am. 2004 No. 287; 2005 No. 202 |
|
R. 11....................................... |
ad. 2010 No. 13 |
|
Schedule 3A |
|
|
Schedule 3A......................... |
ad. 1992 No. 276 |
|
Schedule 3B |
|
|
Heading to Schedule 3B.... |
rs. 2000 No. 100 |
|
Schedule 3B......................... |
ad. 1998 No. 361 |
|
Schedule 3C |
|
|
Schedule 3C......................... |
ad. 2001 No. 138 |
|
|
am. 2002 No. 194; 2003 No. 165; 2005 No. 81 |
|
Schedule 4 |
|
|
Schedule 4............................ |
am. 1991 Nos. 235 and 258; 1995 No. 23; 1996 No. 7; 1998 No. 68; 1999 No. 156; 2000 Nos. 100 and 219; 2003 No. 265; 2004 No. 287; 2005 No. 202; 2006 No. 127; 2007 No. 139; 2009 No. 3; 2010 No. 153 |
|
Schedule 5 |
|
|
Schedule 5............................ |
ad. 2010 No. 13 |