Commonwealth Consolidated Regulations

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CRIMES REGULATIONS 1990 - REG 11

Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

         (1)   For item 19 of Part 3 of Schedule 4 to the Amendment Act, Part 1 of Schedule 5 has effect.

         (2)   For subitem 17 (1) of Part 3 of Schedule 3 and item 19 of Part 3 of Schedule 4 to the Amendment Act, Part 2 of Schedule 5 has effect for a pre-commencement controlled operation.

         (3)   For item 19 of Part 3 of Schedule 4 and subitem 20 (1) of Part 3 of Schedule 3 to the Amendment Act, Part 3 of Schedule 5 has effect for the continued operation of Part IAC of the Act under subitem 20 (1) of Part 3 of Schedule 3 to the Amendment Act for a jurisdiction that is not a participating jurisdiction.

         (4)   For the definition of State controlled operations law in item 16 of Schedule 3 to the Amendment Act, the provisions mentioned in the following table, as in force when the person engaged in the conduct mentioned in item 12, or the ancillary conduct mentioned in item 14, of that Schedule, are prescribed.

Item

Jurisdiction

Law

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997

All

2

Victoria

Crimes Act 1958

Sections 68 (2), 194 (5) and 195A (5)

3

Victoria

Crimes (Controlled Operations) Act 2004

All

4

Victoria

Drugs, Poisons and Controlled Substances Act 1981

Section 51

5

Victoria

Fisheries Act 1995

Section 110A and Part 7A

6

Victoria

Gambling Regulation Act 2003

Section 2.6.8

7

Victoria

Lotteries Gaming and Betting Act 1966

Section 80

8

Victoria

Prostitution Control Act 1994

Section 14 (2)

9

Victoria

Summary Offences Act 1966

Section 58

10

Victoria

Vagrancy Act 1966

Section 17

11

Victoria

Wildlife Act 1975

Section 63 and Part IX

12

Queensland

Crime and Misconduct Act 2001

Chapter 3, Part 6A

13

Queensland

Police Powers and Responsibilities Act 2000

Chapter 11

Chapter 24, Part 5, Divisions 1 and 3

14

South Australia

Criminal Investigation (Covert Operations) Act 2009

Parts 1 and 2, clause 3 of Schedule 1

15

South Australia

Criminal Law (Undercover Operations) Act 1995

All

16

Western Australia

Corruption and Crime Commission Act 2003

Part 4, Division 5; Part 6, Division 4 and section 185

17

Western Australia

Misuse of Drugs Act 1981

Section 31

18

Western Australia

Prostitution Act 2000

Section 35

19

Tasmania

Police Powers (Controlled Operations) Act 2006

All

20

Australian Capital Territory

Crimes (Controlled Operations) Act 2008

All

21

Northern Territory

Misuse of Drugs Act

Section 32

         (5)   In this regulation:

"Amendment Act" means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 .

"participating jurisdiction" has the meaning given by subitem 20 (2) of Part 3 of Schedule 3 to the Amendment Act.

"pre-commencement controlled operation" has the meaning given by subitem 17 (2) of Part 3 of Schedule 3 to the Amendment Act.

 




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