{"id":"australian-crime-commission-south-australia-regulations-2004","name":"Australian Crime Commission (South Australia) Regulations 2004","slug":"australian-crime-commission-south-australia-regulations-2004","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235244,"registerId":"sa-australian-crime-commission-south-australia-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Crime Commission (South Australia) Regulations 2004","content":"South Australia\nAustralian Crime Commission (South Australia) Regulations 2004\nunder the Australian Crime Commission (South Australia) Act 2004\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tService of summons to appear before an examiner\n5\tWarrant for apprehension of witness\n6\tSearch warrant\nSchedule 1—Warrant to apprehend (section 24)\nSchedule 2—Search warrant (section 29)\nSchedule 3—Revocation of Australian Crime Commission (South Australia) (Transitional) Regulations 2004\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Australian Crime Commission (South Australia) Regulations 2004.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Australian Crime Commission (South Australia) Act 2004.\n4—Service of summons to appear before an examiner\n\t(1)\tFor the purposes of sections 23(1) and 23(2) of the Act, each of the following manners of serving a summons is prescribed:\n\t(a)\twhere the person named in the summons is a natural person—\n\t(i)\ttendering a copy of the summons to the person or, if on tender 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\t(ii)\tif service in the manner specified in subparagraph (i) is not practicable—\n\t(A)\tleaving 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 is, or is reasonably believed to be, residing, or employed, at that place; or\n\t(B)\tsending 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 at the last known or usual postal address of the person; or\n\t(iii)\tif a Judge has, subject to subregulation (2), given a direction that the summons should be so served—\n\t(A)\tleaving 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\t(B)\tsending a copy of the summons 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\t(b)\twhere the person named in the summons is a body corporate—\n\t(i)\ttendering a copy of the summons to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, over the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate or, if on tender of the copy the person refuses to accept it, leaving it at or upon the premises where the person is; or\n\t(ii)\tsending 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 at a postal address of the body corporate.\n\t(2)\tA Judge must not give a direction referred to in subregulation (1)(a)(iii) in relation to the service of a summons on a person unless the Judge is satisfied upon information furnished in writing by an examiner, that—\n\t(a)\tservice of the summons on the person in a manner specified in subregulation (1)(a)(i) or (ii) has not been, or is not likely to be, successful; and\n\t(b)\tthere is a likelihood that service of the summons in a manner specified in subregulation (1)(a)(iii) would result in the summons coming to the notice of the person.\n\t(3)\tIn this regulation—\nJudge means—\n\t(a)\ta Judge of the Federal Court; or\n\t(b)\ta Judge of a court of the State.\n5—Warrant for apprehension of witness\nA warrant issued under section 24 of the Act for the apprehension of a person must be in accordance with the form set out in Schedule 1.\n6—Search warrant\nA search warrant issued by an issuing officer under section 29 of the Act must be in accordance with the form set out in Schedule 2.\nSchedule 1—Warrant to apprehend (section 24)\n\nSchedule 2—Search warrant (section 29)\n\n\nSchedule 3—Revocation of Australian Crime Commission (South Australia) (Transitional) Regulations 2004\nThe Australian Crime Commission (South Australia) (Transitional) Regulations 2004 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2004\n152\nGazette 8.7.2004 p2499\n8.7.2004: r 2 \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: procedural implementation of the parent Act's coercive powers (summons service and warrant forms). There is no evidence of scope creep; the revocation of transitional regulations in Schedule 3 is standard housekeeping."},"complexity_factors":["Only 6 substantive regulations plus 3 schedules","Single defined term ('Act') in the interpretation section, with 'Judge' defined locally in regulation 4","Nested subparagraphs in regulation 4 (summons service rules) create some structural complexity, with conditions at three levels (i/ii/iii) and sub-conditions (A/B)","Cross-references limited to specific sections of the parent Act (sections 23, 24, 29)","Prescribed forms in Schedules 1 and 2 are blank/placeholder references in the provided text, suggesting they may be detailed elsewhere or in the original gazetted version","No exceptions to exceptions or complex conditional logic beyond the service method hierarchy"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how South Australia implements the Australian Crime Commission's powers at the state level. They deal with three main things:\n\n*   **How to serve summonses** — the legal documents that require someone to appear before an ACC examiner to give evidence. The rules cover different scenarios: handing the document directly to the person, leaving it with someone else at their home or work, sending it by registered post, or getting a Judge's permission to use alternative methods if the person is hard to find.\n\n*   **Standard forms for warrants** — the regulations prescribe the exact format for two types of warrants:\n    *   **Warrants to apprehend** (arrest) witnesses who fail to appear\n    *   **Search warrants** for entering and searching premises\n\n*   **Housekeeping** — they revoke earlier transitional regulations that were only meant to be temporary.\n\n**Who it affects:**\n\n*   People summoned to give evidence before Australian Crime Commission examiners in South Australia\n*   Judges who may need to approve alternative service methods\n*   Police and other officers executing warrants\n*   The Australian Crime Commission itself, which investigates serious and organised crime\n\n**Why it matters:**\n\nThese regulations ensure that when the ACC exercises its coercive powers in South Australia, the procedural steps are clear and legally valid. If a summons isn't served correctly, or a warrant isn't in the right form, the whole investigation could be challenged in court. The rules balance the ACC's need to compel attendance against basic fairness requirements for notifying people of legal proceedings against them."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations do not change the substantive powers in the Act. They supply procedural detail on how summonses and warrants are to be served and the forms to be used, and revoke transitional regulations. They implement and clarify operational mechanics (see regs 4–6 and Schedules 1–3) rather than expanding or narrowing the Act's substantive scope."},"complexity_factors":["Multiple prescribed service methods for natural persons and corporations (reg 4(1)): personal tender, leaving, registered post, or leaving with a third party.","Judicial discretion and threshold for alternative service (reg 4(1)(a)(iii) and reg 4(2)): a Judge may direct non‑standard service only on written information from an examiner and specified factual satisfaction.","Formal requirement that warrants follow specified forms (reg 5, reg 6; Schedules 1–2), creating strict documentary compliance.","Cross‑references to primary Act provisions (sections 23, 24, 29) require users to read these regulations alongside the Act to understand combined effect (reg 3).","Precision in practical terms (eg. 'last known or usual' address; 'reasonably believed' adult at premises) creates room for factual disputes in service (reg 4(1)(a)(ii), 4(1)(b)(i)).","Administrative tidy‑up: revocation of transitional regulations (Schedule 3) alters regulatory landscape for transitional arrangements."],"plain_english_summary":"These regulations prescribe how summonses, arrest warrants and search warrants under the Australian Crime Commission (South Australia) Act 2004 must be served, issued and formatted.\n\nThey affect individuals and corporations who may be summoned or searched, examiners and issuing officers who seek enforcement, and judges who may direct alternative service; they standardise methods (personal delivery, leaving with an adult, registered post, or judge‑directed alternatives) and set required warrant forms so parties and enforcement agencies know what counts as valid process."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — no legislative text was available for review. The page returned a website error rather than the content of the regulations."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its actual content","Complexity cannot be meaningfully assessed without access to the text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The instrument text could not be retrieved (the SA legislation site returned “Page Not Found”), so this summary is based only on the title. It appears to be state regulations implementing cooperation between South Australia and the Australian Crime Commission, likely covering secondments, information‑sharing and procedural arrangements for ACC activity in SA.\n\nIt would affect SA police, other state agencies and people subject to ACC inquiries — check the legislation site directly for the full text."}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-south-australia-regulations-2004","history":"/api/acts/australian-crime-commission-south-australia-regulations-2004/history","analysis":"/api/acts/australian-crime-commission-south-australia-regulations-2004/analysis","conflicts":"/api/acts/australian-crime-commission-south-australia-regulations-2004/conflicts","importantCases":"/api/acts/australian-crime-commission-south-australia-regulations-2004/important-cases","documents":"/api/acts/australian-crime-commission-south-australia-regulations-2004/documents"}}