ACT Numbered Regulations - Explanatory Statements

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CRIMES (SURVEILLANCE DEVICES) REGULATION 2017 (NO 8 OF 2017)

2017





LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY


Crimes (Surveillance Devices) Regulation 2017
SUBORDINATE LAW No SL2017-8



EXPLANATORY STATEMENT

Presented by
Gordon Ramsay MLA
Attorney-General

Crimes (Surveillance Devices) Regulation 2017
SUBORDINATE LAW No SL2017-8

Outline

The Crimes (Surveillance Devices) Regulation 2017 supports the Crimes (Surveillance Devices) Act 2010 (the Act). The Act provides the ACT with a legal framework for a surveillance devices warrants scheme. The scheme authorises the use of surveillance devices by a law enforcement officer in the ACT that can also be used in other jurisdictions with corresponding laws. The Act allows jurisdictions with corresponding laws to use their surveillance devices warrants in the ACT.

Section 45 of the Act authorises regulations in relation to the Act.

Clause Notes

Section 1 – Name of regulation
This section specifies the title of the regulation and provides that the regulation is the Crimes (Surveillance Devices) Regulation 2017.

Section 2 – Commencement
This section provides that the regulation commences on the day after its notification day.

Section 3 – Corresponding law – Act, dict, def corresponding law
This section declares the laws listed as laws of other jurisdictions which correspond with the Act. A corresponding law is defined in the dictionary of the Act as a law of another jurisdiction that corresponds to the Act, and includes a law of another jurisdiction that is declared by regulation to correspond to the Act.

The laws have been declared as they substantially correspond to ACT legislation. Declaring the laws as corresponding laws will assist with the facilitation of cross-border criminal investigations which have a geographical nexus with the ACT and another jurisdiction.