{"id":"australian-crime-commission-northern-territory-regulations-2005","name":"AUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) REGULATIONS 2005","slug":"australian-crime-commission-northern-territory-regulations-2005","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174289,"registerId":"nt-australian-crime-commission-northern-territory-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"AUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) REGULATIONS 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nAUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY)\nREGULATIONS 2005\nAs in force at 18 May 2005\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Service of summons to appear before examiner ............................. 1\n5 Warrant for arrest of witness............................................................ 3\n6 Search warrants .............................................................................. 3\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 18 May 2005\n____________________\nAUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY)\nREGULATIONS 2005\nRegulations under the Australian Crime Commission (Northern\nTerritory) Act 2005\n1 Citation\nThese Regulations may be cited as the Australian Crime\nCommission (Northern Territory) Regulations 2005.\n2 Commencement\nThese Regulations come into operation on the commencement of\nthe Australian Crime Commission (Northern Territory) Act 2005.\n3 Definitions\nIn these Regulations:\nCommonwealth regulations means the Australian Crime\nCommission Regulations 2002 (Cth).\njudge means:\n(a) a Judge of the Federal Court; or\n(b) a Judge of the Supreme Court.\n4 Service of summons to appear before examiner\n(1) For section 23(1) and (2) of the Act, each manner of serving a\nsummons set out in this regulation is prescribed.\n(2) If the person named in the summons is a natural person, the\nsummons must be served:\n(a) by:\n(i) tendering a copy of the summons to the person; or\n\nAustralian Crime Commission (Northern Territory) Regulations 2005 2\n(ii) if, on tender of the copy, the person refuses to accept\nit – putting it down in the presence of the person or\nleaving it at or upon the place or premises where the\nperson is;\n(b) if service in the manner specified in paragraph (a) is not\npracticable, by:\n(i) leaving a copy of the summons at the last known or\nusual place of residence or business of the person with\nanother person who is, or is reasonably believed to be,\nover the age of 16 years and is, or is reasonably\nbelieved to be, residing or employed at that place; or\n(ii) sending a copy of the summons by registered post or\ncertified mail to the person at the last known or usual\nplace of residence or business of the person or at the\nlast known or usual postal address of the person; or\n(c) if a judge has, subject to subregulation (4), given a direction\nthat the summons should be served in this manner, by:\n(i) leaving a copy of the summons with another person\nidentified in the direction, being a person who, in the\nopinion of the judge, is likely to bring the contents of the\nsummons to the notice of the person; or\n(ii) sending it by registered post or certified mail to an\naddress specified in the direction, being the address of a\nplace that the judge has reasonable grounds to believe\nto be a place frequented by the person.\n(3) If the person named in the summons is a body corporate, the\nsummons must be served by:\n(a) tendering a copy of the summons to a person who is, or is\nreasonably believed to be, an officer of, or in the service of,\nthe body corporate and is, or is reasonably believed to be,\nover the age of 16 years at the head office, a registered office,\na principal office or a principal place of business of the body\ncorporate;\n(b) if on tender of the copy the person refuses to accept it –\nleaving it at or on the premises; or\n(c) sending a copy of the summons by registered post or certified\nmail to the head office, a registered office, a principal office or\na principal place of business of the body corporate or at the\nlast postal address of the body corporate.\n\nAustralian Crime Commission (Northern Territory) Regulations 2005 3\n(4) A judge must not give a direction referred to in subregulation (2)(c)\nin relation to the service of a summons on a person unless the\njudge is satisfied on information given in writing by the examiner\nthat:\n(a) service of the summons on the person in a manner specified\nin subregulation (2)(a) or (b) has not been, or is not likely to\nbe, successful; and\n(b) there is a likelihood that service of the summons in a manner\nspecified in subregulation (2)(c) would result in the summons\ncoming to the notice of the person.\n5 Warrant for arrest of witness\nA warrant issued pursuant to section 24(1) of the Act for the\napprehension of a person must be in the same form, with the\nnecessary changes, as the form of warrant prescribed from time to\ntime under regulation 8 of the Commonwealth regulations.\n6 Search warrants\nA warrant issued by an issuing officer pursuant to section 29 of the\nAct must be in the same form, with the necessary changes, as the\nform of warrant prescribed from time to time under regulation 3 of\nthe Commonwealth regulations.\n\nENDNOTES\nAustralian Crime Commission (Northern Territory) Regulations 2005 4\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAustralian Crime Commission (Northern Territory) Regulations (SL No. 10, 2005)\nNotified 18 May 2005\nCommenced 18 May 2005 (r 2, s 2 Australian Crime Commission (Northern\nTerritory) Act (Act No. 6, 2005) and Gaz G20, 18 May 2005,\np 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: r 1.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations operationalise procedural aspects of the Australian Crime Commission (Northern Territory) Act 2005 (service of summonses and the form of warrants). They do not extend the substantive powers or the target population of the Act; they merely prescribe methods of service and adopt Commonwealth warrant forms. The only indirect scope effect is dependency on Commonwealth regulations for the exact warrant wording — amendments at Commonwealth level would modify the practical warrant form without amending these Territory Regulations, but that does not itself enlarge the legal scope of the Act or the Regulations as drafted."},"complexity_factors":["Very short instrument (6 regulations only)","2 defined terms in regulation 3 ('Commonwealth regulations' and 'judge')","Cross-references to multiple provisions of the parent Act (sections 23, 24, 29)","Cross-reference and reliance on external Commonwealth regulations for warrant forms (regulations 3 and 8 of the Commonwealth regulations)","Conditional logic for service methods (primary methods, fallback methods, and judge‑directed alternative methods)","Judicial gatekeeping requirement (regulation 4(4)) introducing a procedural prerequisite (written information from examiner)"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- These Regulations spell out practical steps for how certain powers in the Australian Crime Commission (Northern Territory) Act 2005 are to be carried out.  They deal only with: service of summonses to appear before an examiner (regulation 4), the form of an arrest warrant for a witness (regulation 5), and the form of search warrants (regulation 6).  They also define two terms used in the Regulations (regulation 3) and set when the Regulations start (regulation 2).\n\n**Who is affected**\n\n- People and organisations who are summoned to appear before an examiner under the Act (regulation 4).\n- Judges who may be asked to allow an alternative method of service (regulation 4(2)(c) and (4)).\n- Examiners who must try ordinary service methods first and, if necessary, give written information to a judge to obtain an alternative direction (regulation 4(4)).\n- Issuing officers and police who prepare and execute arrest warrants and search warrants (regulations 5 and 6).\n\n**Key mechanics and practical steps**\n\n- Service of a summons on a natural person (regulation 4(2)):\n  - Preferable method is personal service: give the person a copy, or if they refuse it, put it down in their presence or leave it at their place; or\n  - If personal service is impracticable, leave a copy at the person's last known residence or business with someone aged 16+ who lives or works there, or send the summons by registered post/certified mail to the last known address; or\n  - If a judge has directed an alternative (see next point), leave the copy with a specified person likely to bring it to the person’s attention, or post it to an address the judge believes the person frequents (regulation 4(2)(c)).\n\n- Service on a body corporate (regulation 4(3)):\n  - Give a copy to an officer or employee over 16 at the head/registered/principal office, or if refused leave it on the premises, or send it by registered post/certified mail to the head/registered/principal office or last postal address.\n\n- Judicial direction for alternative service (regulation 4(4)):\n  - A judge may only permit the alternative service in regulation 4(2)(c) if the judge is satisfied, on written information from the examiner, that ordinary service methods have not worked (or are unlikely to) and that the proposed alternative is likely to bring the summons to the person’s notice.\n\n- Arrest and search warrants (regulations 5 and 6):\n  - Warrants issued under the Territory Act must use the same forms (with necessary local changes) as the Commonwealth Australian Crime Commission Regulations 2002 prescribes for arrest warrants (regulation 8 of those Commonwealth regs) and for search warrants (regulation 3 of those Commonwealth regs).  This means the Territory adopts the Commonwealth warrant templates and any future changes to those templates will, in practice, affect the Territory’s warrants.\n\n**Why this matters (purpose claimed and operational test)**\n\n- The stated effect is procedural: provide clear, prescribed ways to serve summonses and to format warrants so the Territory Act can be enforced in practice.\n- Operational implications and trade-offs:\n  - Who pays / bears the burden: Examiners must document failed service attempts in writing to get a judge's alternative direction (administrative cost). Persons and companies summoned must accept or be considered served by the listed methods (a compliance / notice burden). Police and issuing officers must use and keep in step with Commonwealth-prescribed warrant forms (administrative dependency).\n  - Who decides: Examiners initiate service; judges gatekeep when alternative service is requested (they must be satisfied on written material); issuing officers decide issue of search warrants but use prescribed form.\n  - Behaviour changes: Persons trying to avoid summonses may be less able to evade service if the judge allows broader methods; examiners will likely exhaust ordinary service methods and keep records before seeking judicial directions; law enforcement follows the Commonwealth templates for warrants.\n  - Implementation risk: the Regulations delegate the exact warrant wording to the Commonwealth regulations, so changes at Commonwealth level will alter the Territory’s practical warrant forms without amending these Territory Regulations.\n\n**Concrete references to the Regulations**\n\n- Service rules: regulation 4 (referencing section 23(1) and (2) of the Act).\n- Judicial direction for alternative service: regulation 4(2)(c) and (4).\n- Arrest warrant form: regulation 5 (referencing section 24(1) of the Act and the Commonwealth regulations).\n- Search warrant form: regulation 6 (referencing section 29 of the Act and the Commonwealth regulations).\n\nThis instrument is limited and procedural: it does not create new criminal powers or change who can be investigated; it prescribes how notices and warrants are served and which form templates to use.\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, these Regulations appear to serve their originally intended purpose of extending ACC jurisdiction to the Northern Territory. There is no indication of scope creep or deviation from the original legislative intent. The Regulations have remained in force since 2005 with one reprint (REPA054R1), suggesting stable and consistent application."},"complexity_factors":["Constitutional complexity: the Regulations exist to address the legal distinction between States and Territories under the Australian constitutional framework","Cross-referencing required: the Regulations cannot be understood in isolation — they depend heavily on the parent Australian Crime Commission Act 2002","Limited information provided: the actual regulatory content is not reproduced, making full analysis impossible","Specialist subject matter: involves serious and organised crime investigation powers, which carry significant legal consequences","Intergovernmental dimension: involves interaction between Commonwealth and Territory law enforcement frameworks"],"plain_english_summary":"These Regulations extend the Australian Crime Commission’s powers and functions into the Northern Territory, allowing the national body to investigate serious and organised crime there on the same basis as in the States. \n\nThey affect NT residents, businesses, local law enforcement and legal practitioners by enabling ACC examinations, intelligence gathering and investigations in the Territory — closing a jurisdictional gap that could otherwise be exploited."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing procedural mechanisms for the Australian Crime Commission's operations in the Northern Territory. It has not expanded beyond the core functions of service of process, arrest warrants, and search warrants."},"complexity_factors":["Only 6 regulations total, with minimal text","Only 2 defined terms ('Commonwealth regulations' and 'judge')","Simple procedural rules without nested conditions or exceptions","Minimal cross-referencing (only references to the parent Act and Commonwealth regulations for forms)","Straightforward structure: definitions, then three operational rules"],"plain_english_summary":"These regulations set out practical rules for how the Australian Crime Commission operates in the Northern Territory. They cover three main things:\n\n**1. How to serve summonses (official orders to appear in court)**\n- For individuals: Handing it to them directly, leaving it at their home or work with someone over 16, or sending it by registered post\n- For companies: Giving it to an officer at their head office or sending it by registered post\n- If normal methods won't work, a judge can approve alternative service (like leaving it with someone likely to pass it on)\n\n**2. Arrest warrants**\n- These must follow the same format as federal (Commonwealth) arrest warrants\n\n**3. Search warrants**\n- These must also follow the same format as federal search warrants\n\n**Why it matters:** These rules ensure that when the Australian Crime Commission investigates serious crime in the NT, they follow proper procedures for bringing people in, arresting them, or searching premises. The regulations essentially 'plug in' to existing federal procedures rather than creating entirely new ones."}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-northern-territory-regulations-2005","history":"/api/acts/australian-crime-commission-northern-territory-regulations-2005/history","analysis":"/api/acts/australian-crime-commission-northern-territory-regulations-2005/analysis","conflicts":"/api/acts/australian-crime-commission-northern-territory-regulations-2005/conflicts","importantCases":"/api/acts/australian-crime-commission-northern-territory-regulations-2005/important-cases","documents":"/api/acts/australian-crime-commission-northern-territory-regulations-2005/documents"}}