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CRIMES REGULATIONS 2019 - NOTES

- made under the Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

made under the

Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

Compilation No. 4

Compilation date: 5 May 2021

Includes amendments up to: F2021L00541

Registered: 13 May 2021

About this compilation

This compilation

This is a compilation of the Crimes Regulations 2019 that shows the text of the law as amended and in force on 5 May 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Name

3 Authority

4 Definitions

Part 1A--General

4A Costs etc. payable to Official Trustee

4B Remuneration of Official Trustee

Part 2--Forms

5 Prescribed forms

6 Optional forms

Part 3--Controlled operations

7 Corresponding State controlled operations laws

8 Requirements for indemnification of participants against civil liability

Part 4--Assumed identities

9 Corresponding assumed identity laws

10 Requirements for indemnification of authorised persons

Part 5--Witness identity protection for operatives

11 Corresponding witness identity protection laws

12 Meaning of civil proceeding

Part 6--Protecting vulnerable persons

13 Video recordings--persons who may conduct interview

Part 7--Sentencing, imprisonment and release of federal offenders

14 State and Territory pre-release permit schemes that apply to federal offenders

15 Additional sentencing alternatives--State and Territory sentences and orders

16 Offences for which a court may impose certain conditions

Part 8--Forensic procedures

17 Persons appropriately qualified to carry out forensic procedures

18 Persons authorised to access information on DNA databases

19 Corresponding laws--forensic procedures and DNA databases

Part 9--Pardons, quashed convictions and spent convictions

20 Exclusions from Divisions 2 and 3 of Part VIIC of the Act--exclusions relating to work with children

20A Exclusions from Divisions 2 and 3 of Part VIIC of the Act--exclusions relating to work with persons with disability

21 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)

Part 10--Miscellaneous

22 ACC delegates

Part 11--Application, saving and transitional provisions

Division 1--Transitional matters relating to the Crimes Regulations 1990

23 Things done under the Crimes Regulations 1990

24 Conduct, event, circumstances occurring before commencement

25 Forms prescribed under the Crimes Regulations 1990

26 Application of indemnification requirements

27 Sentences or orders under section 20AB of the Act

Division 2--Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

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

Schedule 1--Forms

Form 1--Document relating to other offences to be taken into account

Form 2--Warrant authorising the detention of a person where parole or licence automatically revoked

Form 3--Notice of proposed revocation of parole order or licence

Form 4--Warrant for arrest where parole order or licence has been revoked

Form 5--Warrant authorising detention where parole order or licence has been revoked

Form 6--Warrant authorising the remand of a person where parole order or licence has been revoked

Form 7--Order for the detention of a person where parole order or licence has been revoked

Form 8--Notification of breach of conditions where parole order or licence has been revoked

Form 9--Summons to appear

Form 10--Order and recognisance where discharge without conviction

Form 11--Order and recognisance where release without passing sentence

Form 12--Order and recognisance where sentenced

Form 13--Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked

Form 14--Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked

Form 15--Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked

Form 16--Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked

Form 17--Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked

Form 18--Warrant under subsection 20BM(6) of the Act authorising the remand of a person where release order revoked

Form 19--Summons in relation to breach of psychiatric probation order or program probation order

Form 20--Warrant in relation to breach of psychiatric probation order or program probation order

Form 21--Warrant for arrest in relation to breach of psychiatric probation order or program probation order

Form 22--Certificate in relation to reparation for offences

Schedule 2--Spent convictions

1 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Crimes Regulations 2019

26 July 2019 (F2019L01005)

27 July 2019 (s 2(1) item 1)

 

Crimes Amendment (National Disability Insurance Scheme--Worker Screening) Regulations 2019

31 Oct 2019 (F2019L01397)

1 Nov 2019 (s 2(1) item 1)

--

AusCheck Legislation Amendment (Major National Events) Regulations 2019

1 Nov 2019 (F2019L01410)

Sch 1 (items 27, 28): 2 Nov 2019 (s 2(1) item 1)

--

Crimes Amendment (Worker Screening) Regulations 2021

22 Feb 2021 (F2021L00143)

23 Feb 2021 (s 2(1) items 1-5)

--

Crimes Legislation Amendment (Economic Disruption) Regulations 2021

4 May 2021 (F2021L00541)

Sch 1 (item 1): 5 May 2021 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

Part 1A

 

Part 1A..................

ad F2021L00541

s 4A....................

ad F2021L00541

s 4B....................

ad F2021L00541

Part 9

 

s 20....................

am F2019L01397; F2021L00143

s 20A...................

ad F2019L01397

 

am F2021L00143

Schedule 2

 

Schedule 2................

am F2019L01410

 

 


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