{"id":"F2020L00162","name":"Australian Crime Commission Establishment Regulations 2020","slug":"australian-crime-commission-establishment-regulations-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440382,"registerId":"F2020L00162-fast-fetch-1775956031194","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Crime Commission Establishment Regulations 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAustralian Crime Commission Establishment Regulations 2020\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 20 February 2020\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nPeter Dutton\n\nMinister for Home Affairs\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Non‑publication directions\n\nSchedule 1—Repeals\n\nAustralian Crime Commission Establishment (Transitional Provisions) Regulations 2003\n\n \n\n1  Name\n\n  This instrument is the Australian Crime Commission Establishment Regulations 2020.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 26 February 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under item 326 of Schedule 1 to the Australian Crime Commission Establishment Act 2002.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nCEO has the meaning given by the Australian Crime Commission Act 2002.\n\nNCA Act has the meaning given by item 308 of Schedule 1 to the Australian Crime Commission Establishment Act 2002.\n\n6  Non‑publication directions\n\n (1) This section applies to a direction that:\n\n (a) was given under subsection 25(9) or 25A(12) of the NCA Act; and\n\n (b) was in force immediately before the commencement of this section.\n\n (2) Subject to subsection (3), the CEO may, in writing, vary or revoke the direction.\n\n (3) The CEO must not vary or revoke the direction if to do so might prejudice:\n\n (a) the safety or reputation of a person; or\n\n (b) the fair trial of a person who has been or may be charged with an offence.\n\nSchedule 1—Repeals\n\n \n\nAustralian Crime Commission Establishment (Transitional Provisions) Regulations 2003\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its narrow, technical purpose. It was always intended as transitional housekeeping to repeal obsolete 2003 regulations and preserve specific secrecy protections. The scope has not expanded beyond this original intent."},"complexity_factors":["Very short instrument — only 6 substantive sections plus a Schedule","Minimal defined terms — only 2 definitions ('CEO' and 'NCA Act')","Single operational provision (section 6) with straightforward conditional logic","No nested exceptions or complex cross-referencing beyond basic references to parent Acts","Purpose is purely transitional/clean-up with limited ongoing legal effect"],"plain_english_summary":"This short technical regulation repeals obsolete transitional rules from the 2002–03 creation of the Australian Crime Commission while preserving legacy secrecy protections for sensitive information. It ensures non-publication directions issued by the former National Crime Authority remain valid and can only be varied or revoked by the ACC’s CEO with safeguards to prevent harm.\n\nIt mainly affects the ACC (and its CEO) and people subject to those old directions, tidying the statute book without removing protections."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Yes. The instrument removes the earlier transitional regulatory framework by repealing the 2003 transitional regulations (Schedule 1) and alters how pre‑existing non‑publication directions are handled by allowing the ACC CEO to vary or revoke them subject to a prejudice test (s6). The practical scope narrows to CEO decisions about existing directions rather than creating new categories of directions."},"complexity_factors":["Narrow, focused subject matter — deals only with pre‑existing non‑publication directions and repeal of a single instrument (s6; Schedule 1).","Cross‑references to other legislation — relies on the meaning and power given by the NCA Act (definition and source authority referenced in s5 and s3).","Administrative discretion is central — empowers the CEO to vary or revoke directions, creating an internal decision point (s6(2)).","Open‑text legal standard — prohibition on variation/revocation if it \"might prejudice\" safety, reputation or fair trial leaves some interpretive uncertainty (s6(3)).","Simple commencement and repeal mechanics — a single commencement clause and a full repeal of the 2003 transitional regulations simplify implementation but remove the former transitional framework (s2; Schedule 1)."],"plain_english_summary":"This regulation updates the Australian Crime Commission’s rules: it lets the ACC Chief Executive Officer vary or revoke non‑publication directions that existed immediately before these rules started, unless doing so might prejudice a person’s safety, reputation or a fair trial. It also repeals the prior 2003 transitional regulations. The change affects people protected by, or subject to, those non‑publication directions and places a decisionmaking responsibility on the ACC CEO about whether previously issued publication bans remain in force."}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-establishment-regulations-2020","history":"/api/acts/australian-crime-commission-establishment-regulations-2020/history","analysis":"/api/acts/australian-crime-commission-establishment-regulations-2020/analysis","conflicts":"/api/acts/australian-crime-commission-establishment-regulations-2020/conflicts","importantCases":"/api/acts/australian-crime-commission-establishment-regulations-2020/important-cases","documents":"/api/acts/australian-crime-commission-establishment-regulations-2020/documents"}}