Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL CRIME AUTHORITY REGULATIONS (AMENDMENT) 1992 NO. 280

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 280

Issued by the Authority of the Attorney-General

National Crime Authority Act 1984

National Crime Authority Regulations (Amendment)

The purpose of the amendment is to repeal the prescribed form for a summons issued under subsection 28(1) of the National Crime Authority Act 1984 (the Act), prescription of a single form for the summons no longer being conveniently practicable.

Regulation 1 provides that the National Crime Authority Regulations (the Regulations) are amended.

Regulation 2 omits regulation 6 from the Regulations. Regulation 6 provides that a summons issued by a member of the National Crime Authority under subsection 28(1) of the Act requiring a person to appear before the Authority at a hearing shall be in accordance with Form 3 in Schedule 1 to the Regulations. With effect from 21 January 1992 the National Crime Authority Amendment Act 1991 inserted into the Act section 29A, which provides for a member issuing a summons under subsection 28(1) to include in the summons a notation to the effect that disclosure of information about the summons, or any official matter connected with it, is prohibited except in specified circumstances. The effect of this provision was to require inclusion in Form 3 of provision for such additional optional variables as to make the Form unduly complex for a form of words which must be strictly adhered to. There being no requirement in the Act itself that a summons issued under s.28(1) be in prescribed form, it is considered that it is now more convenient for the Authority to draft summonses to meet particular requirements having regard to the relevant terms of the Act and any internal precedents the Authority may develop in the light of experience.

Regulation 3 omits the present Form 3 from Schedule 1 to the Regulations. The reasons are set out in the previous paragraph.


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