Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


AUSTRALIAN CRIME COMMISSION ESTABLISHMENT REGULATIONS 2002 2002 NO. 325

EXPLANATORY STATEMENT

Statutory Rules 2002 No. 325

Issued by the Authority of the Minister for Justice and Customs

Subject: Australian Crime Commission Act 2002

Australian Crime Commission Establishment Regulations 2002

The Australian Crime Commission Establishment Act 2002 (the ACCE Act) received Royal Assent on 12 December 2002 and will commence on 1 January 2003. The ACCE Act will amend the National Crime Authority Act 1984 (NCA Act) to replace the National Crime Authority (NCA), Australian Bureau of Criminal Intelligence and the Office of Strategic Crime Assessments with the Australian Crime Commission (ACC). The amendments to the NCA Act include re-naming that Act as the Australian Crime Commission Act 2002 (the ACC Act).

Section 62 of the ACC Act empowers the Governor-General to make regulations prescribing all matters required or permitted by the ACC Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

Subsection 4(1) of the Acts Interpretation Act 1901 provides that where an Act amends another Act so that the amended Act will confer power to make legislative or administrative instruments (including regulations), but the amended Act does not come into operation immediately upon its enactment, such instruments may be made under the amended Act as if it had come into operation. However, those instruments can only take effect from the day on which the amended Act comes into effect.

The purpose of these Regulations is to amend the National Crime Authority Regulations 1984 consequential on the establishment of the ACC. The Regulations replace references to the NCA, the Authority, the Chair and NCA members, and NCA investigations with references to the ACC, examiners and ACC operations or investigations. The Regulations do not make any substantive changes.

The details of the Regulations are set out in the Attachment.

The Regulations will commence on the commencement of Schedule 1 to the ACCE Act, which is expected to be 1 January 2003.

ATTACHMENT

Details of the Australian Crime Commission Establishment Regulations 2002

Item 1

This Item re-names the National Crime Authority Regulations as the Australian Crime Commission Regulations 2002.

Item 2

This Item replaces definitions of the NCA and the NCA Act with definitions of the ACC and the ACC Act.

Items 3 and 4

These Items make minor amendments to regulation 7 (which deals with the prescribed form for the service of a summons or a notice to produce) by replacing a reference to "a member or an acting member" with a reference to "an examiner". The amendments are consequential on the amendments to section 28 and 29 of the ACC Act which provide that examiners may issue summons to attend and notices to produce in lieu of members of the NCA.

Item 5

This Item renumbers Form 4 of the Schedule as Form 2.

Items 6 and 7

These Items repeal regulations 9 and 10 which dealt with the salary and allowances payable to the Chair of the NCA. The Chief Executive Officer of the ACC will be paid salary and allowances determined by the Remuneration Tribunal.

Item 8

This Item replaces regulation 11 (which prescribed the allowances payable to a member of the Authority other than the Chair) with a regulation prescribing the annual displacement allowance payable to an examiner of the ACC.

Items 9 and 10

These Items respectively make consequential amendments to the form for a search warrant issued under section 22, and the form for an arrest warrant issued under section 31, of the ACC Act.

Items 11 to 13

These Items make minor consequential amendments to the scale for the payment of witness expenses under section 26 of the ACC Act by replacing references to "the Authority" with references to an examiner.


[Index] [Related Items] [Search] [Download] [Help]