{"id":"sr:crimes-controlled-operations-regulations-2018","name":"Crimes (Controlled Operations) Regulations 2018","slug":"crimes-controlled-operations-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183622,"registerId":"vic-sr:crimes-controlled-operations-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Controlled Operations) Regulations 2018","content":"Version No. 001\n\n**Crimes (Controlled Operations) Regulations 2018**\n\n**S.R. No. 160/2018**\n\nVersion as at  \n26 October 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 2\n\n6 Corresponding laws 2\n\n7 IBAC law enforcement officers 3\n\n8 Prescribed IBAC Officers 3\n\n9 Prescribed senior officers 4\n\n═════════════\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **001**\n\n**Crimes (Controlled Operations) Regulations 2018**\n\n**S.R. No. 160/2018**\n\nVersion as at  \n26 October 2018\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe matters for the purposes of the **Crimes** **(Controlled Operations) Act 2004**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 47 of the **Crimes (Controlled Operations) Act 2004**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 26 October 2018.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Crimes (Controlled Operations) Regulations 2008[[1]](#endnote-1);\n\n(b) the Crimes (Controlled Operations) Amendment Regulations 2013[[2]](#endnote-2);\n\n(c) the Crimes (Controlled Operations) Amendment (Corresponding Laws) Regulations 2013[[3]](#endnote-3);\n\n(d) the Crimes (Controlled Operations) Further Amendment Regulations 2013[[4]](#endnote-4).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***Chief Executive Officer*** means the person appointed under section 33 of the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\n***Deputy Commissioner*** has the same meaning as it has in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n***IBAC Officer*** has the same meaning as it has in the **Independent Broad-based Anti‑corruption Commission Act 2011**.\n\n\t6 Corresponding laws\n\nFor the purposes of the definition of ***corresponding law*** in section 3 of the **Crimes (Controlled Operations) Act 2004**, the following are corresponding laws—\n\n(a) Law Enforcement (Controlled Operations) Act 1997 of New South Wales;\n\n(b) Police Powers (Controlled Operations) Act 2006 of Tasmania;\n\n(c) Part 2 of the Criminal Investigation (Covert Powers) Act 2012 of Western Australia;\n\n(d) Crimes (Controlled Operations) Act 2008 of the Australian Capital Territory;\n\n(e) Chapter 11 of the Police Powers and Responsibilities Act 2000 of Queensland;\n\n(f) Part IAB of the Crimes Act 1914 of the Commonwealth.\n\n\t7 IBAC law enforcement officers\n\nFor the purposes of paragraph (b) of the definition of ***law enforcement officer***  in section 3 of the **Crimes (Controlled Operations) Act 2004**, the following positions and classes of employees are prescribed—\n\n(a) the position of Commissioner;\n\n(b) the position of Deputy Commissioner;\n\n(c) the position of Chief Executive Officer;\n\n(d) IBAC Officers classified as Executive Officers;\n\n(e) IBAC Officers classified as non-executive employees;\n\n(f) police officers engaged by the IBAC under section 36 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n(g) members of the police force or police service (however described) of another jurisdiction who are engaged by the IBAC under section 36 of the **Independent Broad‑based Anti-corruption Commission Act 2011**.\n\n\t8 Prescribed IBAC Officers\n\nFor the purposes of the definition of ***prescribed IBAC Officer*** in section 3 of the **Crimes (Controlled Operations) Act 2004**, the following positions are prescribed—\n\n(a) the position of Deputy Commissioner;\n\n(b) the position of Chief Executive Officer;\n\n(c) IBAC Officers classified as Executive Officers.\n\n\t9 Prescribed senior officers\n\nFor the purposes of the definition of ***senior officer***in section 45(2) of the **Crimes (Controlled Operations) Act 2004**, the following positions and classes of employees are prescribed—\n\n(a) the position of Deputy Commissioner;\n\n(b) the position of Chief Executive Officer;\n\n(c) IBAC Officers classified as Executive Officers.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Crimes (Controlled Operations) Regulations 2018, S.R. No. 160/2018 were made on 16 October 2018 by the Governor in Council, on the recommendation of the Attorney-General, under section 47 of the **Crimes (Controlled Operations) Act 2004**, No. 16/2004 and came into operation on 26 October 2018: regulation 3.\n\nThe Crimes (Controlled Operations) Regulations 2018 will sunset 10 years after the day of making on 16 October 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Crimes (Controlled Operations) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4(a): S.R. No. 127/2008 as amended by S.R. Nos 11/2013, 91/2013 and 123/2013. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 11/2013. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 91/2013. [↑](#endnote-ref-3)\n\n4. Reg. 4(d): S.R. No. 123/2013. [↑](#endnote-ref-4)","sortOrder":0}],"analysis":{"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 consolidate and replace earlier subordinate instruments (reg 4) by prescribing corresponding laws and naming IBAC positions and classes (regs 6–9). They do not, on their face, expand the statutory powers in the principal Act but restate which laws and officers fall within existing definitions (see reg 1 and reg 4)."},"complexity_factors":["Narrow, technical subject matter focused on definitions and lists rather than operative rules","Heavy reliance on cross‑references to multiple external Acts (Controlled Operations Act 2004; IBAC Act 2011; interstate statutes)","Prescriptive lists of positions and employee classes that require interpretation of employment classifications (Executive vs non‑executive)","Revocation and replacement of prior regulations requires comparison with superseded instruments","Administrative discretion concentrated in a small set of named officers","Minimal procedural detail — substantive powers remain in the primary Act, increasing reliance on that Act for operational clarity","Sunset provision noted in endnotes (ten‑year automatic review horizon)"],"plain_english_summary":"These Regulations mechanically prescribe technical matters for the Crimes (Controlled Operations) Act 2004: they list which interstate and federal statutes count as “corresponding laws”, and they name specific IBAC positions and employee classes that qualify as law‑enforcement, prescribed IBAC Officers, and senior officers. They also revoke earlier regulations and centralise administrative authority in the named IBAC roles, affecting IBAC, engaged police and agencies that run controlled operations; compliance costs are primarily administrative and decision‑making discretion sits with the listed IBAC positions (regs 1,4,6–9)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, there is no evidence that the scope changed from the original intent. The regulation appears to serve its stated purpose as a procedural instrument supporting the Crimes (Controlled Operations) Act. However, the minimal content provided makes a definitive assessment impossible."},"complexity_factors":["The underlying subject matter (covert law enforcement operations) is inherently sensitive and legally complex","Regulations sit within a broader legislative framework (the parent Act) requiring cross-referencing to fully understand","Limited substantive content was provided — only metadata and version history — making full assessment difficult","Controlled operations law intersects with criminal law, civil liberties, and administrative oversight frameworks","Low score reflects that regulations of this type are typically procedural/administrative rather than substantively complex on their own"],"plain_english_summary":"These Victorian Regulations support the Crimes (Controlled Operations) Act by prescribing the procedural and administrative rules—forms, reporting, record‑keeping and other technical steps—that police and law enforcement must follow when conducting controlled (undercover) operations. They affect officers, targets of investigations, and oversight bodies, and matter because they frame safeguards and accountability where officers may lawfully engage in otherwise illegal conduct."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing administrative details necessary for the operation of the Crimes (Controlled Operations) Act 2004. The 2018 version consolidates previous amendments without expanding into new policy areas."},"complexity_factors":["Only 9 regulations total, spanning 4 pages of substantive content","Minimal defined terms (only 3 definitions in regulation 5, all referencing other Acts)","No nested exceptions or conditional logic — each regulation performs a single, straightforward function","Simple cross-referencing to the parent Act and other jurisdictions' legislation without complex interplay","No operative provisions creating offences, penalties, or procedural requirements beyond basic prescription of positions and laws"],"plain_english_summary":"This is a short, technical regulation that supports Victoria's controlled operations laws. **Controlled operations** are undercover police activities where officers might normally break the law (like buying drugs or handling stolen goods) but are protected because it's part of an official investigation.\n\n**What this does:**\n- **Updates the rules** by replacing old regulations from 2008 and 2013 with a fresh 2018 version\n- **Defines who counts as a \"law enforcement officer\"** for IBAC (Victoria's anti-corruption watchdog) — including the Commissioner, Deputy Commissioner, CEO, executive officers, regular staff, and police seconded to IBAC\n- **Sets out which senior IBAC staff** can authorise or be involved in controlled operations\n- **Lists which other states' and territories' laws** are \"corresponding laws\" — this matters because it allows undercover operations to cross state borders legally\n\n**Who it affects:**\n- IBAC officers conducting covert investigations\n- Police working with IBAC\n- People being investigated by IBAC (though they won't know about controlled operations until after the fact)\n\n**Why it matters:**\nWithout these regulations, IBAC couldn't legally run undercover operations. The regulation ensures Victoria's anti-corruption body has the same powers as police to conduct controlled operations, and can cooperate with interstate agencies under matching laws."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-controlled-operations-regulations-2018","history":"/api/acts/crimes-controlled-operations-regulations-2018/history","analysis":"/api/acts/crimes-controlled-operations-regulations-2018/analysis","conflicts":"/api/acts/crimes-controlled-operations-regulations-2018/conflicts","importantCases":"/api/acts/crimes-controlled-operations-regulations-2018/important-cases","documents":"/api/acts/crimes-controlled-operations-regulations-2018/documents"}}