Commonwealth Numbered Regulations

CRIMES AMENDMENT REGULATIONS 2002 (NO. 3) 2002 NO. 186 - SCHEDULE 1

(regulation 3)

[1] Regulation 4A

substitute

4A Prescribed offences (Act s 15HB)

For paragraph 15HB (a) of the Act, the following offences against a law of the Commonwealth are prescribed as serious Commonwealth offences :

(a)

an offence against Part 5.3 of the Criminal Code ;

(b)

an offence involving violence.

[2] Regulation 4BA, heading

substitute

4BA Definition of authorising persons — prescribed classes for Commonwealth participating agencies (Act s 15XA)

[3] Regulation 4BA

omit

the following classes of persons are prescribed:

insert

the following classes of persons in a Commonwealth participating agency are prescribed:

[4] Paragraph 4BA (d)

omit

Australian Secret Intelligence Organisation

insert

Australian Security Intelligence Organisation

[5] After regulation 4BA

insert

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 Service Act 1990 (New South Wales);

(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 (Victoria);

(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 (Queensland);

(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 (Western Australia), 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 (South Australia); 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 (Tasmania); 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 (Northern Territory); 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 (New South Wales) — 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 (Queensland);

(j)

if the participating agency is the Anti-Corruption Commission established under the Anti-Corruption Commission Act 1988 (Western Australia) — 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 (Western Australia) 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 (New South Wales):

(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 (New South Wales) — any Assistant Commissioner, within the meaning of section 8 of that Act.

4BC Definition of State or Territory participating agency — prescribed body (Act s 15XA)

For paragraph (d) of the definition of State or Territory participating agency in subsection 15XA (1) of the Act, the Royal Commission appointed under section 5 of the Royal Commissions Act 1968 (Western Australia) by Commission dated 12 December 2001 is prescribed.