{"id":"F2018L01780","name":"Australian Crime Commission Regulations 2018","slug":"australian-crime-commission-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98419,"registerId":"commonwealth-F2018L01780-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Australian Crime Commission Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Australian Crime Commission Act 2002.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) ACC;\n (b) Board;\n (c) CEO;\n (d) examiner;\n (e) member of the staff of the ACC.\n In this instrument:\n\n> Act means the Australian Crime Commission Act 2002.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Matters prescribed for purposes of Act","content":"## Part 2—Matters prescribed for purposes of Act","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"National policing information","content":"#### 6 National policing information\n\n Bodies that collect national policing information\n (1) For the purposes of subparagraph (a)(iii) of the definition of national policing information in subsection 4(1) of the Act, the following bodies are prescribed:\n (a) a body or organisation that is approved by the CEO as an accredited body under subsection 46A(5) of the Act;\n (b) a body mentioned in Schedule 1.\n Kinds of national policing information\n (2) For the purposes of paragraph (b) of the definition of national policing information in subsection 4(1) of the Act, information that is held under, or that relates to the administration of, a system mentioned in Schedule 2 is prescribed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Serious and organised crime offences","content":"#### 7 Serious and organised crime offences\n\n For the purposes of paragraph (d) of the definition of serious and organised crime in subsection 4(1) of the Act, each offence mentioned in Division 272 or 273 of the Criminal Code is prescribed.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Name or acronym specified for ACC","content":"#### 8 Name or acronym specified for ACC\n\n For the purposes of subsection 7(1A) of the Act, each of the following names and acronyms is specified:\n (a) the Australian Criminal Intelligence Commission;\n (b) the ACIC;\n (c) the ACC.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Allowance for travelling and other expenses—complying with a notice under section 21A of the Act","content":"#### 9 Allowance for travelling and other expenses—complying with a notice under section 21A of the Act\n\n For the purposes of section 21F of the Act, the following allowances are prescribed:\n (a) for a person’s travel to appear before an examiner or member of the staff of the ACC—such amount as is reasonable:\n (i) for the person’s travel to and from the place at which the person is required to attend; and\n (ii) if the person is required to be absent overnight from the person’s usual place of residence—for meals and accommodation;\n (b) for other expenses incurred by a person’s appearance before an examiner or member of the staff of the ACC:\n (i) in the case of a person remunerated by wages, salary or fee—such amount as is lost by the person’s appearance before the examiner or staff member; and\n (ii) in any other case—$25.00 per hour of the person’s appearance before the examiner or staff member.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Search warrant","content":"#### 10 Search warrant\n\n A warrant issued by an issuing officer under section 22 of the Act may be in accordance with Form 1 in Schedule 3.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Scale for payment of expenses of witnesses","content":"#### 11 Scale for payment of expenses of witnesses\n\n For the purposes of section 26 of the Act, the prescribed scale is the scale set out in the following table.\n\n```html\n

Scale for payment of expenses of witness

Item

Witness

Expenses

1

Witness appearing because of the witness’ professional, scientific or other special skill or knowledge

The amount provided by subparagraph 6(1)(a)(i) of the Royal Commissions Regulations 2019 in relation to expenses of witnesses possessing such skill or knowledge

2

Witness appearing for any other reason

In the case of a witness remunerated by wages, salary or fee—such amount as is lost by the witness’ attendance

In any other case—such amount as is provided by subparagraph 6(1)(a)(ii) of the Royal Commissions Regulations 2019 in relation to expenses of witnesses generally

3

In addition to items 1 and 2—witness appearing to give expert evidence

A reasonable amount for qualifying to give that evidence

4

In addition to items 1 and 2—any witness

Such amount as is reasonable:

(a) for the witness’ travel to and from the place at which the witness attends; and

(b) if the witness is required to be absent overnight from the witness’ usual place of residence—for meals and accommodation

\n```","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Service of summons to appear before an examiner","content":"#### 12 Service of summons to appear before an examiner\n\n (1) For the purposes of subsection 30(1) and paragraph 30(2)(c) of the Act, this section prescribes the manner of serving a summons.\n Service on a natural person\n (2) Subject to subsection (4), if the person named in the summons is a natural person, the summons is to be served by:\n (a) delivering a copy of the summons to the person personally; or\n (b) if on delivery of the copy the person refuses to accept it—putting it down in the presence of the person or leaving it at or upon the place or premises where the person is; or\n (c) if service in the manner specified in paragraph (a) or (b) is not practicable:\n (i) leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and who is, or is reasonably believed to be, residing, or employed, at that place; or\n (ii) sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or the last known or usual postal address of the person; or\n (d) if a Judge has, subject to subsection (5), given a direction for the service of the summons:\n (i) leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person; or\n (ii) sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by the person.\n Service on a body corporate\n (3) Subject to subsection (4), if the person named in the summons is a body corporate, the summons is to be served by:\n (a) delivering a copy of the summons to a person:\n (i) who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate; and\n (ii) who is, or is reasonably believed to be, over the age of 16 years;\n at the head office, a registered office, a principal office or a principal place of business of the body corporate; or\n (b) if on delivery of the copy the person refuses to accept it—leaving it at or upon the premises where the person is; or\n (c) sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate.\n Service to an electronic address etc.\n (4) A summons may be served:\n (a) if the person named in the summons has nominated an electronic address for service in a document given to the ACC by the person—by sending it to the nominated electronic address for service; or\n (b) in any manner that the summons would be required or permitted to be served on the person named in the summons under rule 10.02, 10.03, 10.04, 10.05, 10.09 or 10.22 of the Federal Court Rules 2011 if:\n (i) the summons were a document of a kind to which the rule applied; and\n (ii) the person were a person of a kind to which the rule applied.\n Directions by a Judge\n (5) A Judge must not give a direction mentioned in paragraph (2)(d) in relation to the service of a summons on a person unless the Judge is satisfied upon information given in writing by an examiner that:\n (a) service of the summons on the person in a manner specified in paragraph (2)(a), (b) or (c) has not been, or is not likely to be, successful; and\n (b) there is a likelihood that service of the summons in a manner specified in paragraph (2)(d) would result in the summons coming to the notice of the person.\n (6) In this section, Judge means:\n (a) a Judge of the Federal Court; or\n (b) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or\n (c) a Judge of a court of a State or Territory.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Warrant for arrest of witness","content":"#### 13 Warrant for arrest of witness\n\n A warrant issued under section 31 of the Act for the apprehension of a person may be in accordance with Form 2 in Schedule 3.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Duties, functions and powers conferred by State laws","content":"#### 14 Duties, functions and powers conferred by State laws\n\n (1) For the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 4 is a kind of duty, function or power that a law of a State may confer on the ACC.\n (2) For the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 5 is a kind of duty, function or power that a law of a State may confer on the person or body mentioned in the item.\n (3) For the purposes of subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 6 is a kind of duty, function or power that a law of a State may confer on a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2), as mentioned in the item.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Disclosure of ACC information to certain international bodies","content":"#### 15 Disclosure of ACC information to certain international bodies\n\n For the purposes of paragraph 59AA(1)(d) of the Act, an international body mentioned in Schedule 7 is prescribed.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Disclosure of national policing information to certain bodies","content":"#### 16 Disclosure of national policing information to certain bodies\n\n For the purposes of paragraph 59AA(1B)(g) of the Act, a body mentioned in Schedule 8 is prescribed.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Disclosure of ACC information to certain bodies corporate and classes of bodies corporate","content":"#### 17 Disclosure of ACC information to certain bodies corporate and classes of bodies corporate\n\n For the purposes of subsection 59AB(1) of the Act, a body corporate, or a class of bodies corporate, mentioned in Schedule 9 is prescribed.","sortOrder":16},{"sectionNumber":"Form 1—Search warrant under section 22 o","sectionType":"part","heading":"Form 1—Search warrant under section 22 of the Act","content":"## Form 1—Search warrant under section 22 of the Act","sortOrder":19},{"sectionNumber":"COMMONWEALTH OF AUSTRALIA","sectionType":"schedule","heading":"COMMONWEALTH OF AUSTRALIA","content":"Schedule 3—Forms of warrants\n\nNote: See sections 10 and 13.\n\n## Form 1—Search warrant under section 22 of the Act\n\n## COMMONWEALTH OF AUSTRALIA\n\n## Australian Crime Commission Act 2002\n\n## SEARCH WARRANT UNDER SECTION 22\n\nTO (insert full name of police officer), \\*\\[a member of the Australian Federal Police\\] \\*\\[a member of the police force of (insert name of State, as the case requires)\\] \\*\\[any other person\\] who is the executing officer for this warrant:\n\nOn the basis of:\n\n (a) an application made \\*\\[under subsection 22(1)\\] \\*\\[by telephone under subsection 23(1)\\] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to:\n\n\\*\\[land situated at (insert address);\\]\n\n\\*\\[premises situated at (insert address);\\]\n\n\\*\\[the vessel (insert name) owned by (insert name and address of owner);\\]\n\n\\*\\[the aircraft (insert identifying marks) owned by (insert name and address of owner);\\]\n\n\\*\\[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);\\] and\n\n (b) information given to me \\*\\[by affidavit\\] \\*\\[by affidavit and orally\\] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2;\n\nI, (insert full name of issuing officer), a Judge of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:\n\n (c) \\*\\[at any time of the day or night\\] \\*\\[between the hours of ... and ... \\] to enter \\*\\[on\\] \\*\\[into\\] the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\]; and\n (d) to search the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] for things of a relevant kind specified in Schedule 1 that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2; and\n (e) to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2 found \\*\\[on\\] \\*\\[in\\] the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] and to deliver them to any person participating in the special ACIC \\*\\[operation\\] \\*\\[investigation\\].\n\nTHIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).\n\nIssued on (insert date of issue).\n\n.....................................\n\n(Signature and designation of issuing officer)\n\n(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.)\n\n\\*This warrant is issued for the following reasons:\n\n(insert the reasons)\n\nSchedule 1\n\n(Insert a description of the particular thing or things, connected with the special ACIC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.)\n\nSchedule 2\n\n1. The special ACIC \\*\\[operation\\] \\*\\[investigation\\] is (insert description of the special ACIC operation/investigation).\n\n2. The federally relevant criminal activity that is the subject of the ACIC special \\*\\[operation\\] \\*\\[investigation\\] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates).\n\n3. The ACIC is conducting a special \\*\\[operation\\] \\*\\[investigation\\], in accordance with a determination by the Board of the ACIC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the \\*\\[intelligence operation\\] \\*\\[investigation into matters relating to federally relevant criminal activity\\] is a special \\*\\[operation\\] \\*\\[investigation\\]. The determination of the Board is (insert details of the determination of the Board).\n\n\\*Omit if inapplicable\n\n## Form 2—Warrant under section 31 of the Act\n\n## COMMONWEALTH OF AUSTRALIA\n\n## Australian Crime Commission Act 2002\n\n## WARRANT UNDER SECTION 31\n\nTO (insert full name of police officer), \\*\\[a member of the Australian Federal Police\\] \\*\\[a member of the Police Force of the (insert name of State, as case requires)\\] \\*\\[any other person\\]:\n\nOn the basis of:\n\n (a) the application made by \\*\\[(insert full name of applicant)\\], an examiner appointed under subsection 46B(1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and\n (b) my satisfaction by evidence on oath or affirmation that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):\n\n\\*\\[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver \\*\\[his\\] \\*\\[her\\] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;\\]\n\n\\*\\[in relation to whom a summons has been issued under subsection 28(1) of the Australian Crime Commission Act 2002:\n\n (i) has absconded or is likely to abscond; or\n (ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;\\]\n\n\\*\\[has committed an offence under subsection 30(1) of the Australian Crime Commission Act 2002, or is likely to do so;\\]\n\nI, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant:\n\n (c) if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and\n (d) to apprehend (insert full name of person to be apprehended):\n\nto bring \\*\\[him\\] \\*\\[her\\], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law.\n\nDated (insert date of issue).\n\n...............................\n\n(Signature and designation of Judge)\n\n\\*Omit if inapplicable","sortOrder":20},{"sectionNumber":"Australian Crime Commission Act 2002","sectionType":"schedule","heading":"Australian Crime Commission Act 2002","content":"Schedule 3—Forms of warrants\n\nNote: See sections 10 and 13.\n\n## Form 1—Search warrant under section 22 of the Act\n\n## COMMONWEALTH OF AUSTRALIA\n\n## Australian Crime Commission Act 2002\n\n## SEARCH WARRANT UNDER SECTION 22\n\nTO (insert full name of police officer), \\*\\[a member of the Australian Federal Police\\] \\*\\[a member of the police force of (insert name of State, as the case requires)\\] \\*\\[any other person\\] who is the executing officer for this warrant:\n\nOn the basis of:\n\n (a) an application made \\*\\[under subsection 22(1)\\] \\*\\[by telephone under subsection 23(1)\\] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to:\n\n\\*\\[land situated at (insert address);\\]\n\n\\*\\[premises situated at (insert address);\\]\n\n\\*\\[the vessel (insert name) owned by (insert name and address of owner);\\]\n\n\\*\\[the aircraft (insert identifying marks) owned by (insert name and address of owner);\\]\n\n\\*\\[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);\\] and\n\n (b) information given to me \\*\\[by affidavit\\] \\*\\[by affidavit and orally\\] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2;\n\nI, (insert full name of issuing officer), a Judge of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:\n\n (c) \\*\\[at any time of the day or night\\] \\*\\[between the hours of ... and ... \\] to enter \\*\\[on\\] \\*\\[into\\] the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\]; and\n (d) to search the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] for things of a relevant kind specified in Schedule 1 that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2; and\n (e) to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2 found \\*\\[on\\] \\*\\[in\\] the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] and to deliver them to any person participating in the special ACIC \\*\\[operation\\] \\*\\[investigation\\].\n\nTHIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).\n\nIssued on (insert date of issue).\n\n.....................................\n\n(Signature and designation of issuing officer)\n\n(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.)\n\n\\*This warrant is issued for the following reasons:\n\n(insert the reasons)\n\nSchedule 1\n\n(Insert a description of the particular thing or things, connected with the special ACIC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.)\n\nSchedule 2\n\n1. The special ACIC \\*\\[operation\\] \\*\\[investigation\\] is (insert description of the special ACIC operation/investigation).\n\n2. The federally relevant criminal activity that is the subject of the ACIC special \\*\\[operation\\] \\*\\[investigation\\] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates).\n\n3. The ACIC is conducting a special \\*\\[operation\\] \\*\\[investigation\\], in accordance with a determination by the Board of the ACIC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the \\*\\[intelligence operation\\] \\*\\[investigation into matters relating to federally relevant criminal activity\\] is a special \\*\\[operation\\] \\*\\[investigation\\]. The determination of the Board is (insert details of the determination of the Board).\n\n\\*Omit if inapplicable\n\n## Form 2—Warrant under section 31 of the Act\n\n## COMMONWEALTH OF AUSTRALIA\n\n## Australian Crime Commission Act 2002\n\n## WARRANT UNDER SECTION 31\n\nTO (insert full name of police officer), \\*\\[a member of the Australian Federal Police\\] \\*\\[a member of the Police Force of the (insert name of State, as case requires)\\] \\*\\[any other person\\]:\n\nOn the basis of:\n\n (a) the application made by \\*\\[(insert full name of applicant)\\], an examiner appointed under subsection 46B(1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and\n (b) my satisfaction by evidence on oath or affirmation that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):\n\n\\*\\[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver \\*\\[his\\] \\*\\[her\\] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;\\]\n\n\\*\\[in relation to whom a summons has been issued under subsection 28(1) of the Australian Crime Commission Act 2002:\n\n (i) has absconded or is likely to abscond; or\n (ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;\\]\n\n\\*\\[has committed an offence under subsection 30(1) of the Australian Crime Commission Act 2002, or is likely to do so;\\]\n\nI, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant:\n\n (c) if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and\n (d) to apprehend (insert full name of person to be apprehended):\n\nto bring \\*\\[him\\] \\*\\[her\\], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law.\n\nDated (insert date of issue).\n\n...............................\n\n(Signature and designation of Judge)\n\n\\*Omit if inapplicable","sortOrder":21},{"sectionNumber":"SEARCH WARRANT UNDER SECTION 22","sectionType":"schedule","heading":"SEARCH WARRANT UNDER SECTION 22","content":"## SEARCH WARRANT UNDER SECTION 22\n\nTO (insert full name of police officer), \\*\\[a member of the Australian Federal Police\\] \\*\\[a member of the police force of (insert name of State, as the case requires)\\] \\*\\[any other person\\] who is the executing officer for this warrant:\n\nOn the basis of:\n\n (a) an application made \\*\\[under subsection 22(1)\\] \\*\\[by telephone under subsection 23(1)\\] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to:\n\n\\*\\[land situated at (insert address);\\]\n\n\\*\\[premises situated at (insert address);\\]\n\n\\*\\[the vessel (insert name) owned by (insert name and address of owner);\\]\n\n\\*\\[the aircraft (insert identifying marks) owned by (insert name and address of owner);\\]\n\n\\*\\[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);\\] and\n\n (b) information given to me \\*\\[by affidavit\\] \\*\\[by affidavit and orally\\] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2;\n\nI, (insert full name of issuing officer), a Judge of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:\n\n (c) \\*\\[at any time of the day or night\\] \\*\\[between the hours of ... and ... \\] to enter \\*\\[on\\] \\*\\[into\\] the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\]; and\n (d) to search the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] for things of a relevant kind specified in Schedule 1 that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2; and\n (e) to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACIC \\*\\[operation\\] \\*\\[investigation\\] specified in Schedule 2 found \\*\\[on\\] \\*\\[in\\] the \\*\\[land\\] \\*\\[premises\\] \\*\\[vessel\\] \\*\\[aircraft\\] \\*\\[vehicle\\] and to deliver them to any person participating in the special ACIC \\*\\[operation\\] \\*\\[investigation\\].\n\nTHIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).\n\nIssued on (insert date of issue).\n\n.....................................\n\n(Signature and designation of issuing officer)\n\n(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.)\n\n\\*This warrant is issued for the following reasons:\n\n(insert the reasons)\n\nSchedule 1\n\n(Insert a description of the particular thing or things, connected with the special ACIC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.)\n\nSchedule 2\n\n1. The special ACIC \\*\\[operation\\] \\*\\[investigation\\] is (insert description of the special ACIC operation/investigation).\n\n2. The federally relevant criminal activity that is the subject of the ACIC special \\*\\[operation\\] \\*\\[investigation\\] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates).\n\n3. The ACIC is conducting a special \\*\\[operation\\] \\*\\[investigation\\], in accordance with a determination by the Board of the ACIC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the \\*\\[intelligence operation\\] \\*\\[investigation into matters relating to federally relevant criminal activity\\] is a special \\*\\[operation\\] \\*\\[investigation\\]. The determination of the Board is (insert details of the determination of the Board).\n\n\\*Omit if inapplicable","sortOrder":22},{"sectionNumber":"Form 2—Warrant under section 31 of the A","sectionType":"part","heading":"Form 2—Warrant under section 31 of the Act","content":"## Form 2—Warrant under section 31 of the Act","sortOrder":23},{"sectionNumber":"WARRANT UNDER SECTION 31","sectionType":"schedule","heading":"WARRANT UNDER SECTION 31","content":"## WARRANT UNDER SECTION 31\n\nTO (insert full name of police officer), \\*\\[a member of the Australian Federal Police\\] \\*\\[a member of the Police Force of the (insert name of State, as case requires)\\] \\*\\[any other person\\]:\n\nOn the basis of:\n\n (a) the application made by \\*\\[(insert full name of applicant)\\], an examiner appointed under subsection 46B(1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and\n (b) my satisfaction by evidence on oath or affirmation that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):\n\n\\*\\[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver \\*\\[his\\] \\*\\[her\\] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;\\]\n\n\\*\\[in relation to whom a summons has been issued under subsection 28(1) of the Australian Crime Commission Act 2002:\n\n (i) has absconded or is likely to abscond; or\n (ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;\\]\n\n\\*\\[has committed an offence under subsection 30(1) of the Australian Crime Commission Act 2002, or is likely to do so;\\]\n\nI, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant:\n\n (c) if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and\n (d) to apprehend (insert full name of person to be apprehended):\n\nto bring \\*\\[him\\] \\*\\[her\\], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law.\n\nDated (insert date of issue).\n\n...............................\n\n(Signature and designation of Judge)\n\n\\*Omit if inapplicable","sortOrder":26},{"sectionNumber":"2","sectionType":"section","heading":"Duties, functions and powers conferred on the ACC by laws of Victoria","content":"#### 2 Duties, functions and powers conferred on the ACC by laws of Victoria\n\n A duty, function or power under a provision of a law of Victoria mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.\n\n```html\n

Laws of Victoria

Item

Law

Provision

Duty, function or power

1

Crimes (Assumed Identities) Act 2004

subsection 18(2)

Duty to indemnify an issuing agency, or an officer of an issuing agency, in certain circumstances

2

Crimes (Assumed Identities) Act 2004

subsection 21(2)

Duty to indemnify an authorised person in certain circumstances

3

Crimes (Assumed Identities) Act 2004

subsection 27(2)

Duty to indemnify an issuing agency of a participating jurisdiction, or an officer of such an issuing agency, in certain circumstances

4

Crimes (Controlled Operations) Act 2004

subsection 29(2)

Duty to indemnify a participant in an authorised operation against civil liability

\n```","sortOrder":30},{"sectionNumber":"Part 3","sectionType":"part","heading":"Laws of Queensland","content":"## Part 3—Laws of Queensland","sortOrder":31},{"sectionNumber":"Part 4","sectionType":"part","heading":"Laws of Western Australia","content":"## Part 4—Laws of Western Australia","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Duties, functions and powers conferred on the ACC by laws of Western Australia","content":"#### 4 Duties, functions and powers conferred on the ACC by laws of Western Australia\n\n A duty, function or power under a provision of a law of Western Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.\n\n```html\n

Laws of Western Australia

Item

Law

Provision

Duty, function or power

1

First Home Owner Grant Regulations 2000

subregulation 11(1)

Power to receive confidential information

2

Surveillance Devices Act 1998

paragraph 41(1)(a)

Duty to keep a record or report obtained by use of a surveillance device under a warrant or an emergency authorisation in a secure place

3

Surveillance Devices Act 1998

paragraph 41(1)(b)

Duty to destroy a record or report obtained by use of a surveillance device under a warrant or an emergency authorisation

4

Surveillance Devices Act 1998

subsection 41(2)

Duty to consult before destroying certain records or reports

5

Surveillance Devices Act 1998

subsection 41(3)

Duty to keep records concerning records and reports obtained by use of a surveillance device under a warrant or an emergency authorisation

6

Surveillance Devices Regulations 1999

paragraph 7(1)(a)

Duty to keep Part 5 records in a secure place

7

Surveillance Devices Regulations 1999

paragraph 7(1)(b)

Duty to destroy Part 5 records

8

Surveillance Devices Regulations 1999

subregulation 7(2)

Duty to keep records concerning Part 5 records

\n```","sortOrder":34},{"sectionNumber":"Part 5","sectionType":"part","heading":"Laws of South Australia","content":"## Part 5—Laws of South Australia","sortOrder":35},{"sectionNumber":"Part 6","sectionType":"part","heading":"Laws of Tasmania","content":"## Part 6—Laws of Tasmania","sortOrder":37},{"sectionNumber":"Part 7","sectionType":"part","heading":"Laws of the Australian Capital Territory","content":"## Part 7—Laws of the Australian Capital Territory","sortOrder":39},{"sectionNumber":"Part 8","sectionType":"part","heading":"Laws of the Northern Territory","content":"## Part 8—Laws of the Northern Territory","sortOrder":41}],"analysis":{"summary":{"name":"Australian Crime Commission Regulations 2018","slug":"australian-crime-commission-regulations-2018","title_id":"F2018L01780","version_id":98419,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Whole instrument, in force. Two-pass analysis applied due to size exceeding 900,000 chars."},"complexity_factors":["1.22 million chars, almost entirely Schedule tables listing bodies and state laws","Operative provisions are concise but cross-reference extensive Schedule content","Multiple information disclosure regimes with different prescribed bodies for each","Technical interaction with ACC Act's coercive examination and intelligence operation frameworks"],"plain_english_summary":"The Australian Crime Commission Regulations 2018 (Cth) is the principal subordinate instrument made under the Australian Crime Commission Act 2002 (Cth). It prescribes the operational and administrative details that the Act requires to be set by regulation.\n\nThe Regulations have two operative provisions (Parts 1 and 2, sections 1-17) and nine Schedules that together constitute most of the instrument's bulk.\n\nThe operative provisions cover: the names and acronyms by which the Australian Crime Commission (ACC) may operate (including \"Australian Criminal Intelligence Commission\" and \"ACIC\"); which bodies collect national policing information and which systems constitute national policing information systems; which Criminal Code offences are serious and organised crime offences for the ACC's purposes; allowances payable to persons required to appear under a section 21A notice; the scale of expenses payable to witnesses; the form of search warrants and arrest warrants; detailed rules for service of summonses; which state and territory laws may confer duties, functions or powers on the ACC, on other persons or bodies, and on Federal Court judges; and which international bodies, domestic bodies, and bodies corporate may receive ACC information and national policing information.\n\nThe Schedules implement these provisions, principally through extensive tables. Schedule 1 lists domestic bodies authorised to collect national policing information; Schedule 2 lists national policing information systems; Schedule 3 contains warrant forms; Schedules 4, 5, and 6 list state and territory laws conferring powers on the ACC, on partner agencies, and on judges; Schedule 7 lists international bodies (including Europol, FATF, and Interpol) to which ACC information may be disclosed; Schedule 8 lists bodies to which national policing information may be disclosed; and Schedule 9 lists bodies corporate to which ACC information may be disclosed.\n\nThe instrument is significant in litigation. Multiple Federal Court decisions have confirmed that the ACC's operation under the name \"Australian Criminal Intelligence Commission\" is authorised by regulation 8 of this instrument."},"kimi_summary":{"_metrics":{"completionTokens":861},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears to operate within its original intended scope as a machinery regulation under the Australian Crime Commission Act 2002. While it contains extensive detail, this reflects the complexity of the ACIC's cooperative federalism model rather than scope creep. The regulation was designed to prescribe operational details, bodies, systems, forms, and state law interactions — all of which it does."},"complexity_factors":["Extensive cross-referencing to the parent Act (Australian Crime Commission Act 2002) and multiple state/territory laws","Numerous schedules containing detailed tables — 40 bodies in Schedule 1, 23 information systems in Schedule 2, and hundreds of specific state law provisions across Schedules 4-6","Conditional logic for service of summons with multiple fallback methods (personal, substituted, electronic, judicial direction)","Template warrant forms with extensive bracketed alternatives creating conditional drafting requirements","Nested definitions — 'national policing information' depends on definitions in the Act which themselves reference this regulation","Multiple overlapping regulatory frameworks — federal ACIC powers, state assumed identities laws, state controlled operations laws, state surveillance devices laws, and state witness protection laws all intersect"],"plain_english_summary":"This is a **regulation made under the Australian Crime Commission Act 2002** that fills in the operational details for how the Australian Criminal Intelligence Commission (ACIC) — formerly known as the Australian Crime Commission (ACC) — does its work.\n\n**What it does:**\n\n- **Names and branding**: Officially recognises \"Australian Criminal Intelligence Commission\" and \"ACIC\" as valid names for the agency, alongside the old \"ACC\" name.\n\n- **National policing information**: Lists **40 specific bodies** (including police forces, intelligence agencies, government departments, and even international bodies like the FBI and INTERPOL) that are authorised to collect and share national policing information. It also lists **23 specific information systems** — like fingerprint databases, firearms registries, missing persons systems, and child protection registers — whose data counts as \"national policing information.\"\n\n- **Serious crime offences**: Specifies that crimes involving **foreign incursions and recruitment** (Divisions 272 and 273 of the Criminal Code) are automatically considered \"serious and organised crime offences\" for ACIC purposes.\n\n- **Witness expenses**: Sets out how much witnesses get paid when appearing before ACIC examiners — including travel costs, lost wages, and a flat $25/hour rate for non-salaried witnesses.\n\n- **How to serve summons**: Provides detailed rules for delivering court summons to people and companies, including in-person delivery, registered post, electronic service, and special procedures when someone is trying to evade service.\n\n- **Warrant forms**: Includes template forms for **search warrants** (to enter and search premises, vehicles, vessels, or aircraft) and **arrest warrants** (to apprehend witnesses who are fleeing or avoiding giving evidence).\n\n- **State law cooperation**: Allows the ACIC to exercise powers granted under **state and territory laws** — particularly around assumed identities, controlled operations, surveillance devices, and witness protection. This includes extensive tables listing specific powers from NSW, Victoria, Queensland, WA, SA, Tasmania, ACT, and NT legislation that can be exercised by ACIC officers.\n\n- **Information sharing**: Lists international bodies and other organisations that the ACIC can disclose information to.\n\n**Who it affects:**\n\n- ACIC staff and examiners conducting investigations\n- Police officers executing ACIC warrants\n- Witnesses appearing before the ACIC\n- State and territory law enforcement agencies cooperating with federal investigations\n- International partner agencies like the FBI and INTERPOL\n\n**Why it matters:**\n\nThis regulation is the **practical machinery** that makes the ACIC's broad investigative powers work in practice. Without it, the agency couldn't legally share information with state police, use assumed identities, conduct controlled operations under state laws, or pay witnesses. It ensures the ACIC can operate seamlessly across federal, state, and international jurisdictions."}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-regulations-2018","history":"/api/acts/australian-crime-commission-regulations-2018/history","analysis":"/api/acts/australian-crime-commission-regulations-2018/analysis","conflicts":"/api/acts/australian-crime-commission-regulations-2018/conflicts","importantCases":"/api/acts/australian-crime-commission-regulations-2018/important-cases","documents":"/api/acts/australian-crime-commission-regulations-2018/documents"}}