{"id":"australian-crime-commission-western-australia-regulations-2005","name":"Australian Crime Commission (Western Australia) Regulations 2005","slug":"australian-crime-commission-western-australia-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174074,"registerId":"wa-australian-crime-commission-western-australia-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Crime Commission (Western Australia) Regulations 2005","content":"![Crest]()Western Australia\n\nAustralian Crime Commission (Western Australia) Act 2004\n\nAustralian Crime Commission (Western Australia) Regulations 2005\n\nWestern Australia\n\nAustralian Crime Commission (Western Australia) Regulations 2005\n\nContents\n\n1. Citation 1\n\n3. Service of summons to appear before an examiner 1\n\n4. Warrant for arrest of witness 2\n\n5. Search warrant 3\n\n6. *National Crime Authority (State Provisions) Regulations* 1989 repealed 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nAustralian Crime Commission (Western Australia) Act 2004\n\nAustralian Crime Commission (Western Australia) Regulations 2005\n\n##### 1. Citation\n\nThese regulations are the *Australian Crime Commission (Western Australia) Regulations 2005*.\n\n[**2.** Deleted: Gazette 24 Mar 2006 p. 1103.]\n\n##### 3. Service of summons to appear before an examiner\n\n(1) This regulation prescribes the manners in which a summons may be served on a person (the witness) for the purposes of section 23(1) and (2) of the Act.\n\n(2) Service may be effected by —\n\n(a) tendering a copy of the summons to the witness; or\n\n(b) if on tender of the copy the witness refuses to accept it, putting it down in the presence of the witness or leaving it at or upon the place or premises where the witness is.\n\n(3) If service in the manner specified in subregulation (2) is not practicable, service may be effected by —\n\n(a) leaving a copy of the summons at the last known or usual place of residence or business of the witness with another person who is, or is reasonably believed to be —\n\n(i) over 16 years of age; and\n\n(ii) residing or employed at that place;\n\nor\n\n(b) sending a copy of the summons by registered post to the witness at his or her last known or usual postal address.\n\n(4) If a Judge has, subject to subregulation (5), given a direction that the summons should be so served, service may be effected by —\n\n(a) 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 witness; or\n\n(b) sending a copy of the summons by registered post 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 witness.\n\n(5) A Judge must not give a direction referred to in subregulation (4) unless the Judge is satisfied upon information furnished in writing by an examiner that —\n\n(a) service of the summons on the witness in a manner specified in subregulation (2) or (3) has not been, or is not likely to be, successful; and\n\n(b) there is a likelihood that service of the summons in a manner specified in subregulation (4) would result in the summons coming to the notice of the witness.\n\n(6) In this regulation Judge means —\n\n(a) a Judge of the Federal Court; or\n\n(b) a Judge of a court of the State.\n\n##### 4. Warrant for arrest of witness\n\nA warrant issued under section 24(1) of the Act for the apprehension of a person must be substantially in accordance with that prescribed for use under section 31 of the ACC Act.\n\n##### 5. Search warrant\n\nA warrant issued by an issuing officer under section 29 of the Act must be substantially in accordance that prescribed for use under section 22 of the ACC Act.\n\n##### 6. *National Crime Authority (State Provisions) Regulations* 1989 repealed\n\nThe *National Crime Authority (State Provisions) Regulations 1989* are repealed.\n\nNotes\n\n1 This is a compilation of the *Australian Crime Commission (Western Australia) Regulations 2005* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Australian Crime Commission (Western Australia) Regulations 2005* | 4 Oct 2005 p. 4465-6 | 4 Oct 20052 |\n| *Australian Crime Commission (Western Australia) Amendment Regulations 2006* | 24 Mar 2006 p. 1102‑3 | 24 Mar 2006 |\n\n\n2 The commencement date of 1 Oct 2005 that was specified was before the date of gazettal.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nJudge 3(6)\n\nwitness 3(1)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Impossible to assess whether the scope changed from original intent — the legislative text was not available for analysis. Only the title and metadata could be examined."},"complexity_factors":["No legislative content was retrievable — the source page returned a 'no longer available' error","Complexity cannot be meaningfully assessed without access to the actual text","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"## Australian Crime Commission (Western Australia) Regulations 2005\n\n**⚠️ Content Unavailable**\n\nThe actual text of this legislation could not be retrieved. The page on the Western Australian legislation website is no longer available due to system upgrades.\n\n**What we know from the title alone:**\n- This is a set of **regulations** (detailed rules that sit beneath a main Act of Parliament) relating to the Australian Crime Commission's operations within Western Australia\n- It was made in **2005**\n- It likely governed how the Australian Crime Commission (a federal body that investigates serious and organised crime) operated in a WA-specific context — including things like referrals, information sharing, or cooperation with WA state agencies\n\n**To find the actual content**, visit the [Parliamentary Counsel's Office of WA](https://www.legislation.wa.gov.au) and search directly for this instrument."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational procedures for the ACC in WA regarding summonses and warrants. There is no evidence of scope creep."},"complexity_factors":["Very short document (6 regulations, one deleted)","Only 2 defined terms ('Judge' and 'witness')","Simple procedural rules without nested conditions or exceptions","Minimal cross-referencing (only references to sections of the parent Act and federal ACC Act)","Straightforward structure: citation, service rules, warrant formats, repeal"],"plain_english_summary":"These regulations set out practical rules for how the Australian Crime Commission (ACC) operates in Western Australia, specifically regarding how people are summoned to give evidence and how warrants are issued.\n\n**What it does:**\n- **Summons (official orders to appear):** Explains exactly how someone can be legally served with a summons to appear before an ACC examiner. This includes handing it to them directly, leaving it with someone at their home or work (if they're over 16), sending it by registered post, or — if those methods won't work — getting a Judge to approve alternative methods like leaving it with a specific person or sending it to an address the person frequents.\n- **Arrest warrants:** Requires that any warrant to arrest a witness who fails to appear must follow the same format used under federal ACC laws.\n- **Search warrants:** Requires that search warrants issued under state law must follow the federal ACC format.\n- **Cleanup:** Repeals old regulations from 1989 that applied to the ACC's predecessor body, the National Crime Authority.\n\n**Who it affects:**\n- People summoned to give evidence to the ACC in WA\n- ACC examiners and investigators\n- Judges who may need to approve alternative service methods\n- Police and others executing warrants\n\n**Why it matters:**\nThese rules ensure the ACC can effectively investigate serious and organised crime while respecting procedural fairness. The detailed service rules protect people's rights by ensuring they actually receive notice of proceedings, while the warrant provisions ensure consistency between state and federal processes."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations are procedural and do not expand substantive investigatory powers. They prescribe how to effect service of summonses, require warrants to conform to ACC Act templates, and repeal older state regulations (see regs 3–6). They therefore alter administrative practice and compliance requirements without changing the statutory scope of the Act's powers."},"complexity_factors":["Cross-references to the federal ACC Act for the form/content of arrest and search warrants (regs 4 and 5 reference ACC Act sections 31 and 22) — requires users to consult another instrument.","Multiple alternative service methods with conditional ordering: personal tender, leaving at premises, substituted service at last known address, or registered post (reg 3(2)–(3)).","Judicial discretion to direct alternative persons/addresses for service, limited by a written showing from an examiner that ordinary service has failed or is unlikely to succeed (reg 3(4)–(5)) — introduces a procedural gate.","Simple repeal of the prior National Crime Authority (State Provisions) Regulations 1989 (reg 6) — an administrative transition point.","Narrow set of defined terms and few operative provisions (definitions: Judge 3(6); witness 3(1)) reduces statutory elaboration but increases reliance on external definitions."],"plain_english_summary":"These regulations prescribe how to serve a summons to appear before an examiner, require arrest and search warrants to follow the Australian Crime Commission (ACC) Act templates, and repeal older National Crime Authority state provisions.\n\nThey affect witnesses, examiners, judges and officers executing warrants. They matter because they fix permitted service methods (including substituted service and registered post), set a judge’s conditional power to authorise alternative service (s3(4)–(5)), and tie warrant forms to the federal ACC Act (regs 4–5), shaping compliance and administrative practice."}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-western-australia-regulations-2005","history":"/api/acts/australian-crime-commission-western-australia-regulations-2005/history","analysis":"/api/acts/australian-crime-commission-western-australia-regulations-2005/analysis","conflicts":"/api/acts/australian-crime-commission-western-australia-regulations-2005/conflicts","importantCases":"/api/acts/australian-crime-commission-western-australia-regulations-2005/important-cases","documents":"/api/acts/australian-crime-commission-western-australia-regulations-2005/documents"}}