{"id":"F2019L01005","name":"Crimes Regulations 2019","slug":"crimes-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99609,"registerId":"commonwealth-F2019L01005-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 Crimes Regulations 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n (1) Subject to subsection (2), this instrument is made under the Crimes Act 1914.\n (2) Division 2 of Part 11 is made under the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) chief officer;\n (b) controlled operation;\n (c) designated offence.\n In this instrument:\n\n> Act means the Crimes Act 1914.\n\n> aviation security offence means an offence against:\n\n (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (b) Part 5.3 of the Criminal Code (terrorism); or\n (c) Part 5.3A of the Criminal Code (state sponsors of terrorism).\n\n> drug offence means an offence constituted by the production, possession, supply, import or export of a substance that is:\n\n (a) a narcotic substance within the meaning of the Customs Act 1901; or\n (b) a drug within the meaning of:\n (i) subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or\n (ii) subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n> forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.\n\n> forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.\n\n> health security offence means an offence against:\n\n (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (b) Part 5.1, 5.3 or 5.3A of the Criminal Code (treason and terrorism); or\n (c) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).\n\n> maritime security offence means an offence against:\n\n (a) Part 4 of the Australian Passports Act 2005 (offences relating to Australian travel documents); or\n (b) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (c) Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code (offences relating to people smuggling, the security of the Commonwealth, forgery, border controlled drugs and plants and money laundering); or\n (d) section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (smuggling and offences relating to import or export of certain goods); or\n (e) Division 10 of Part IV of the repealed Navigation Act 1912 (dangerous goods); or\n (f) Subdivision B of Division 4 of Part 4 of Chapter 3 of the Navigation Act 2012 (dangerous goods); or\n (g) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).","sortOrder":3},{"sectionNumber":"Part 1A","sectionType":"part","heading":"General","content":"## Part 1A—General","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Costs etc. payable to Official Trustee","content":"#### 4A Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 9B(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the performance or exercise by the Official Trustee of functions, duties or powers under section 9A the Act.","sortOrder":5},{"sectionNumber":"4B","sectionType":"section","heading":"Remuneration of Official Trustee","content":"#### 4B Remuneration of Official Trustee\n\n For the purposes of paragraph 9B(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the performance or exercise by the Official Trustee of functions, duties or powers under section 9A of the Act is the equivalent amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002.\n\n> Note: Regulation 22 of the Proceeds of Crime Regulations 2019 sets out the amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Forms","content":"## Part 2—Forms","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed forms","content":"#### 5 Prescribed forms\n\n For the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 1 mentioned in column 2 of the item is prescribed.\n\n```html\n

Prescribed forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

\n```","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Optional forms","content":"#### 6 Optional forms\n\n The form in Schedule 1 mentioned in column 2 of an item in the following table may be used for the purposes of the provision of the Act mentioned in column 1 of the item.\n\n```html\n

Optional forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Subsection 19AS(1)

Form 2

2

Subsection 19AW(2)

Form 6

3

Paragraph 19AX(1)(b)

Form 7

4

Subsection 19AX(2)

Form 8

5

Subsection 19AZ(2)

Form 9

6

Paragraph 19B(1)(d)

Form 10

7

Paragraph 20(1)(a)

Form 11

8

Paragraph 20(1)(b)

Form 12

9

Paragraph 20BF(3)(b)

Form 13

10

Subsection 20BF(5)

Form 14

11

Subsection 20BF(6)

Form 15

12

Paragraph 20BM(3)(b)

Form 16

13

Subsection 20BM(5)

Form 17

14

Subsection 20BM(6)

Form 18

15

Paragraph 20BW(1)(a)

Form 19

16

Paragraph 20BW(1)(b)

Form 20

17

Subsection 20BW(2)

Form 21

18

Subsection 21B(3)

Form 22

\n```","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Controlled operations","content":"## Part 3—Controlled operations","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Corresponding State controlled operations laws","content":"#### 7 Corresponding State controlled operations laws\n\n For the purposes of the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6A of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 11; and

(b) Divisions 1 and 3 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 2

6

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

7

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

8

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 2

\n```","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Requirements for indemnification of participants against civil liability","content":"#### 8 Requirements for indemnification of participants against civil liability\n\n For the purposes of paragraph 15HB(f) of the Act, the following requirements are specified:\n (a) the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:\n (i) any conduct in which the participant engages, in the course of and for the purposes of the controlled operation, that is likely to result in legal proceedings against the participant or the Commonwealth; and\n (ii) any proceedings arising in relation to liability that the participant may have incurred because of conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation;\n (b) in any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, the participant must:\n (i) authorise the Commonwealth to control the conduct of the defence; and\n (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the participant’s legal representative; and\n (iii) give, and authorise the participant’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and\n (iv) if an award of costs is made in the participant’s favour—take all steps directed by the Commonwealth to recover the award; and\n (v) if the participant recovers any costs—pay the recovered costs to the Commonwealth;\n (c) the participant must not make any written or oral agreement to settle any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, in full or in part, unless the terms of the agreement have been approved by the chief officer of the authorising agency.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Assumed identities","content":"## Part 4—Assumed identities","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Corresponding assumed identity laws","content":"#### 9 Corresponding assumed identity laws\n\n For the purposes of the definition of corresponding assumed identity law in section 15K of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding assumed identity laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW)

All

2

Victoria

Crimes (Assumed Identities) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6B of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 12; and

(b) Divisions 1 and 4 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 3

6

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 3

7

Tasmania

Police Powers (Assumed Identities) Act 2006 (Tas.)

All

8

Australian Capital Territory

Crimes (Assumed Identities) Act 2009 (ACT)

All

9

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 3

\n```","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Requirements for indemnification of authorised persons","content":"#### 10 Requirements for indemnification of authorised persons\n\n For the purposes of paragraph 15KS(2)(c) of the Act, the following requirements are prescribed:\n (a) the authorised person must notify the chief officer who granted the authority in writing, and as soon as practicable, of:\n (i) anything done by the authorised person, in the course of acquiring or using an assumed identity, that is likely to result in legal proceedings against the authorised person or the Commonwealth; and\n (ii) any proceedings arising in relation to liability that the authorised person may have incurred because of anything done by the authorised person in the course of acquiring or using an assumed identity;\n (b) in any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, the authorised person must:\n (i) authorise the Commonwealth to control the conduct of the defence; and\n (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person’s legal representative; and\n (iii) give, and authorise the authorised person’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and\n (iv) if an award of costs is made in the authorised person’s favour—take all steps directed by the Commonwealth to recover the award; and\n (v) if the authorised person recovers any costs—pay the recovered costs to the Commonwealth;\n (c) the authorised person must not make any written or oral agreement to settle any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, in full or in part, unless the terms of the agreement have been approved by the chief officer.","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Witness identity protection for operatives","content":"## Part 5—Witness identity protection for operatives","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Corresponding witness identity protection laws","content":"#### 11 Corresponding witness identity protection laws\n\n For the purposes of the definition of corresponding witness identity protection law in subsection 15M(1) of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding witness identity protection laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

Victoria

Evidence (Miscellaneous Provisions) Act 1958 (Vic.)

(a) Part IIAA; and

(b) sections 161 and 162

2

Queensland

Evidence Act 1977 (Qld)

Division 5 of Part 2

3

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 4

4

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 4

5

Tasmania

Witness (Identity Protection) Act 2006 (Tas.)

All

6

Australian Capital Territory

Crimes (Protection of Witness Identity) Act 2011 (ACT)

Part 2

7

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 4

\n```","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of civil proceeding","content":"#### 12 Meaning of civil proceeding\n\n For the purposes of paragraph 15MB(2)(d) of the Act, each of the following is part of a civil proceeding:\n (a) a proceeding in relation to an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;\n (b) an examination conducted under Part 3‑1 of that Act.","sortOrder":18},{"sectionNumber":"Part 6","sectionType":"part","heading":"Protecting vulnerable persons","content":"## Part 6—Protecting vulnerable persons","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Video recordings—persons who may conduct interview","content":"#### 13 Video recordings—persons who may conduct interview\n\n For the purposes of paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified.","sortOrder":20},{"sectionNumber":"Part 7","sectionType":"part","heading":"Sentencing, imprisonment and release of federal offenders","content":"## Part 7—Sentencing, imprisonment and release of federal offenders","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"State and Territory pre‑release permit schemes that apply to federal offenders","content":"#### 14 State and Territory pre‑release permit schemes that apply to federal offenders\n\n (1) For the purposes of subsection 19AZD(3) of the Act, a pre‑release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.\n\n```html\n

State and Territory pre‑release permit schemes that apply to federal offenders

Item

Column 1

Pre‑release permit scheme

Column 2

Law

1

Scheme for releasing a prisoner under a re‑entry release order

Part 4 of the Sentence Administration Act 2003 (WA), as in force at the commencement of this instrument

2

Scheme for releasing a prisoner to serve a period of home detention

Division 6A of Part 4 of the Correctional Services Act 1982 (SA), as in force at the commencement of this instrument

3

Scheme for releasing a prisoner on administrative home detention

Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act 2014 (NT), as in force at the commencement of this instrument

\n```\n\n (2) A federal offender who is not an Australian citizen is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would result in the offender:\n (a) becoming an unlawful non‑citizen (within the meaning of the Migration Act 1958); and\n (b) being liable to detention and removal from Australia under that Act.\n (3) A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Additional sentencing alternatives—State and Territory sentences and orders","content":"#### 15 Additional sentencing alternatives—State and Territory sentences and orders\n\n For the purposes of subsection 20AB(1AA) of the Act, a sentence or order mentioned in column 1 of an item in the following table under a law mentioned in column 2 of the item is prescribed.\n\n```html\n

State and Territory sentences and orders

Item

Column 1

Sentence or order

Column 2

Law

1

Home detention order

Subdivision 1 of Division 7 of Part 3 of the Sentencing Act 2017 (SA), as in force at the commencement of this instrument

2

Home detention order

Part 5A of the Sentencing Act 1997 (Tas.), as in force at the commencement of this instrument

3

Home detention order

Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 (NT), as in force at the commencement of this instrument

\n```","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Offences for which a court may impose certain conditions","content":"#### 16 Offences for which a court may impose certain conditions\n\n For the purposes of paragraph 22(1)(b) of the Act, an indictable offence against the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005 is prescribed.","sortOrder":24},{"sectionNumber":"Part 8","sectionType":"part","heading":"Forensic procedures","content":"## Part 8—Forensic procedures","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Persons appropriately qualified to carry out forensic procedures","content":"#### 17 Persons appropriately qualified to carry out forensic procedures\n\n For the purposes of paragraph (b) of the definition of appropriately qualified in subsection 23WA(1) of the Act, a person mentioned in column 2 of an item in the following table is qualified to carry out a forensic procedure mentioned in column 1 of the item.\n\n```html\n

Persons appropriately qualified to carry out forensic procedures

Item

Column 1

Forensic procedure

Column 2

Person

1

External examination of the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

2

Taking of a sample of blood (other than by a finger prick)

(a) Forensic scientist; or

(b) forensic technician

3

Taking of a sample of pubic hair

(a) Forensic scientist; or

(b) forensic technician

4

Taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

5

Taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

6

Taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Medical practitioner; or

(b) forensic scientist; or

(c) forensic technician

7

External examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing

(a) Forensic scientist; or

(b) forensic technician; or

(c) constable

8

Taking of a sample of blood by a finger prick

(a) Forensic scientist; or

(b) forensic technician

9

Taking of a sample of saliva, or a sample by buccal swab

(a) Forensic scientist; or

(b) forensic technician

10

Taking of a sample of hair other than pubic hair

(a) Forensic scientist; or

(b) forensic technician

11

Taking of a sample from a nail or from under a nail

(a) Forensic scientist; or

(b) forensic technician

12

Taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

13

Taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

14

Taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) For a photograph or video recording:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician; or

(iv) constable; or

(b) for an impression or cast of a wound:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician

\n```","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Persons authorised to access information on DNA databases","content":"#### 18 Persons authorised to access information on DNA databases\n\n For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:\n (a) the person is employed or otherwise engaged by a forensic laboratory accredited by the National Association of Testing Authorities, Australia; and\n (b) in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory.","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Corresponding laws—forensic procedures and DNA databases","content":"#### 19 Corresponding laws—forensic procedures and DNA databases\n\n For the purposes of the definition of corresponding law in section 23YUA of the Act, the following laws, as in force from time to time, are prescribed:\n (a) the Crimes (Forensic Procedures) Act 2000 (NSW);\n (b) Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 (Vic.);\n (c) Chapter 17 of the Police Powers and Responsibilities Act 2000 (Qld);\n (d) Part 2 of, and Schedules 1 and 6 to, the Police Powers and Responsibilities Regulation 2012 (Qld);\n (e) the Criminal Investigation (Identifying People) Act 2002 (WA);\n (f) the Criminal Law (Forensic Procedures) Act 2007 (SA);\n (g) the Forensic Procedures Act 2000 (Tas.);\n (h) the Crimes (Forensic Procedures) Act 2000 (ACT);\n (i) Division 7 of Part VII of the Police Administration Act 1978 (NT).","sortOrder":28},{"sectionNumber":"Part 9","sectionType":"part","heading":"Pardons, quashed convictions and spent convictions","content":"## Part 9—Pardons, quashed convictions and spent convictions","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with children","content":"#### 20 Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with children\n\n For the purposes of sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws relate to persons working, or seeking to work, with children (within the meaning of section 85ZZGF of the Act).\n\n```html\n

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Children’s Guardian appointed under the Children and Young Persons (Care and Protection) Act 1998 (NSW)

Child Protection (Working with Children) Act 2012 (NSW)

2

Secretary, within the meaning of the Worker Screening Act 2020 (Vic.)

Worker Screening Act 2020 (Vic.)

3

Chief executive mentioned in section 8 of the Working with Children (Risk Management and Screening) Act 2000 (Qld)

Working with Children (Risk Management and Screening) Act 2000 (Qld)

4

Queensland College of Teachers

Education (Queensland College of Teachers) Act 2005 (Qld)

5

CEO mentioned in section 12 of the Working with Children (Criminal Record Checking) Act 2004 (WA)

Working with Children (Criminal Record Checking) Act 2004 (WA)

6

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Child Safety (Prohibited Persons) Act 2016 (SA)

7

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

8

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

9

Independent advisor appointed under the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

10

Screening Authority mentioned in section 196 of the Care and Protection of Children Act 2007 (NT)

Care and Protection of Children Act 2007 (NT)

\n```","sortOrder":30},{"sectionNumber":"20A","sectionType":"section","heading":"Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with persons with disability","content":"#### 20A Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with persons with disability\n\n For the purposes of sections 85ZZGI, 85ZZGJ and 85ZZGK of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws:\n (a) are NDIS worker screening laws (within the meaning of the National Disability Insurance Scheme Act 2013); and\n (b) relate to persons working, or seeking to work, with people with disability (within the meaning of section 85ZZGM of the Crimes Act 1914).\n\n```html\n

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Screening Agency appointed under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

1A

Secretary, within the meaning of the Worker Screening Act 2020 (Vic.)

Worker Screening Act 2020 (Vic.)

1B

Chief executive, within the meaning of the Disability Services Act 2006 (Qld)

Disability Services Act 2006 (Qld)

1C

CEO, within the meaning of the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

2

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Disability Inclusion Act 2018 (SA)

3

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

4

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

5

Screening Agency declared under the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT)

National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT)

\n```","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Exclusions from Division 3 of Part VIIC of the Act (spent convictions)","content":"#### 21 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)\n\n Schedule 2 of this instrument prescribes persons, purposes and offences for the purposes of paragraph 85ZZH(k) of the Act.","sortOrder":32},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"## Part 10—Miscellaneous","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"ACC delegates","content":"#### 22 ACC delegates\n\n For the purposes of subparagraphs 15HG(5)(c)(ii) and 15MX(3)(c)(ii) of the Act, the following positions are prescribed:\n (a) a position occupied by a person mentioned in subsection 47(1) of the Australian Crime Commission Act 2002 who is an SES employee;\n (b) any position in the ACC that is equivalent to or higher than a position mentioned in paragraph (a) of this section.","sortOrder":34},{"sectionNumber":"Part 11","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Crimes Regulations 2019.\n\n#### 3 Authority\n\n (1) Subject to subsection (2), this instrument is made under the Crimes Act 1914.\n (2) Division 2 of Part 11 is made under the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) chief officer;\n (b) controlled operation;\n (c) designated offence.\n In this instrument:\n\n> Act means the Crimes Act 1914.\n\n> aviation security offence means an offence against:\n\n (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (b) Part 5.3 of the Criminal Code (terrorism); or\n (c) Part 5.3A of the Criminal Code (state sponsors of terrorism).\n\n> drug offence means an offence constituted by the production, possession, supply, import or export of a substance that is:\n\n (a) a narcotic substance within the meaning of the Customs Act 1901; or\n (b) a drug within the meaning of:\n (i) subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or\n (ii) subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n> forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.\n\n> forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.\n\n> health security offence means an offence against:\n\n (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (b) Part 5.1, 5.3 or 5.3A of the Criminal Code (treason and terrorism); or\n (c) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).\n\n> maritime security offence means an offence against:\n\n (a) Part 4 of the Australian Passports Act 2005 (offences relating to Australian travel documents); or\n (b) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (c) Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code (offences relating to people smuggling, the security of the Commonwealth, forgery, border controlled drugs and plants and money laundering); or\n (d) section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (smuggling and offences relating to import or export of certain goods); or\n (e) Division 10 of Part IV of the repealed Navigation Act 1912 (dangerous goods); or\n (f) Subdivision B of Division 4 of Part 4 of Chapter 3 of the Navigation Act 2012 (dangerous goods); or\n (g) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).\n\n## Part 1A—General\n\n#### 4A Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 9B(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the performance or exercise by the Official Trustee of functions, duties or powers under section 9A the Act.\n\n#### 4B Remuneration of Official Trustee\n\n For the purposes of paragraph 9B(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the performance or exercise by the Official Trustee of functions, duties or powers under section 9A of the Act is the equivalent amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002.\n\n> Note: Regulation 22 of the Proceeds of Crime Regulations 2019 sets out the amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002\n\n## Part 2—Forms\n\n#### 5 Prescribed forms\n\n For the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 1 mentioned in column 2 of the item is prescribed.\n\n```html\n

Prescribed forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

\n```\n\n#### 6 Optional forms\n\n The form in Schedule 1 mentioned in column 2 of an item in the following table may be used for the purposes of the provision of the Act mentioned in column 1 of the item.\n\n```html\n

Optional forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Subsection 19AS(1)

Form 2

2

Subsection 19AW(2)

Form 6

3

Paragraph 19AX(1)(b)

Form 7

4

Subsection 19AX(2)

Form 8

5

Subsection 19AZ(2)

Form 9

6

Paragraph 19B(1)(d)

Form 10

7

Paragraph 20(1)(a)

Form 11

8

Paragraph 20(1)(b)

Form 12

9

Paragraph 20BF(3)(b)

Form 13

10

Subsection 20BF(5)

Form 14

11

Subsection 20BF(6)

Form 15

12

Paragraph 20BM(3)(b)

Form 16

13

Subsection 20BM(5)

Form 17

14

Subsection 20BM(6)

Form 18

15

Paragraph 20BW(1)(a)

Form 19

16

Paragraph 20BW(1)(b)

Form 20

17

Subsection 20BW(2)

Form 21

18

Subsection 21B(3)

Form 22

\n```\n\n## Part 3—Controlled operations\n\n#### 7 Corresponding State controlled operations laws\n\n For the purposes of the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6A of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 11; and

(b) Divisions 1 and 3 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 2

6

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

7

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

8

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 2

\n```\n\n#### 8 Requirements for indemnification of participants against civil liability\n\n For the purposes of paragraph 15HB(f) of the Act, the following requirements are specified:\n (a) the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:\n (i) any conduct in which the participant engages, in the course of and for the purposes of the controlled operation, that is likely to result in legal proceedings against the participant or the Commonwealth; and\n (ii) any proceedings arising in relation to liability that the participant may have incurred because of conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation;\n (b) in any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, the participant must:\n (i) authorise the Commonwealth to control the conduct of the defence; and\n (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the participant’s legal representative; and\n (iii) give, and authorise the participant’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and\n (iv) if an award of costs is made in the participant’s favour—take all steps directed by the Commonwealth to recover the award; and\n (v) if the participant recovers any costs—pay the recovered costs to the Commonwealth;\n (c) the participant must not make any written or oral agreement to settle any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, in full or in part, unless the terms of the agreement have been approved by the chief officer of the authorising agency.\n\n## Part 4—Assumed identities\n\n#### 9 Corresponding assumed identity laws\n\n For the purposes of the definition of corresponding assumed identity law in section 15K of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding assumed identity laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW)

All

2

Victoria

Crimes (Assumed Identities) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6B of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 12; and

(b) Divisions 1 and 4 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 3

6

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 3

7

Tasmania

Police Powers (Assumed Identities) Act 2006 (Tas.)

All

8

Australian Capital Territory

Crimes (Assumed Identities) Act 2009 (ACT)

All

9

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 3

\n```\n\n#### 10 Requirements for indemnification of authorised persons\n\n For the purposes of paragraph 15KS(2)(c) of the Act, the following requirements are prescribed:\n (a) the authorised person must notify the chief officer who granted the authority in writing, and as soon as practicable, of:\n (i) anything done by the authorised person, in the course of acquiring or using an assumed identity, that is likely to result in legal proceedings against the authorised person or the Commonwealth; and\n (ii) any proceedings arising in relation to liability that the authorised person may have incurred because of anything done by the authorised person in the course of acquiring or using an assumed identity;\n (b) in any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, the authorised person must:\n (i) authorise the Commonwealth to control the conduct of the defence; and\n (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person’s legal representative; and\n (iii) give, and authorise the authorised person’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and\n (iv) if an award of costs is made in the authorised person’s favour—take all steps directed by the Commonwealth to recover the award; and\n (v) if the authorised person recovers any costs—pay the recovered costs to the Commonwealth;\n (c) the authorised person must not make any written or oral agreement to settle any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, in full or in part, unless the terms of the agreement have been approved by the chief officer.\n\n## Part 5—Witness identity protection for operatives\n\n#### 11 Corresponding witness identity protection laws\n\n For the purposes of the definition of corresponding witness identity protection law in subsection 15M(1) of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding witness identity protection laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

Victoria

Evidence (Miscellaneous Provisions) Act 1958 (Vic.)

(a) Part IIAA; and

(b) sections 161 and 162

2

Queensland

Evidence Act 1977 (Qld)

Division 5 of Part 2

3

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 4

4

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 4

5

Tasmania

Witness (Identity Protection) Act 2006 (Tas.)

All

6

Australian Capital Territory

Crimes (Protection of Witness Identity) Act 2011 (ACT)

Part 2

7

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 4

\n```\n\n#### 12 Meaning of civil proceeding\n\n For the purposes of paragraph 15MB(2)(d) of the Act, each of the following is part of a civil proceeding:\n (a) a proceeding in relation to an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;\n (b) an examination conducted under Part 3‑1 of that Act.\n\n## Part 6—Protecting vulnerable persons\n\n#### 13 Video recordings—persons who may conduct interview\n\n For the purposes of paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified.\n\n## Part 7—Sentencing, imprisonment and release of federal offenders\n\n#### 14 State and Territory pre‑release permit schemes that apply to federal offenders\n\n (1) For the purposes of subsection 19AZD(3) of the Act, a pre‑release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.\n\n```html\n

State and Territory pre‑release permit schemes that apply to federal offenders

Item

Column 1

Pre‑release permit scheme

Column 2

Law

1

Scheme for releasing a prisoner under a re‑entry release order

Part 4 of the Sentence Administration Act 2003 (WA), as in force at the commencement of this instrument

2

Scheme for releasing a prisoner to serve a period of home detention

Division 6A of Part 4 of the Correctional Services Act 1982 (SA), as in force at the commencement of this instrument

3

Scheme for releasing a prisoner on administrative home detention

Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act 2014 (NT), as in force at the commencement of this instrument

\n```\n\n (2) A federal offender who is not an Australian citizen is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would result in the offender:\n (a) becoming an unlawful non‑citizen (within the meaning of the Migration Act 1958); and\n (b) being liable to detention and removal from Australia under that Act.\n (3) A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.\n\n#### 15 Additional sentencing alternatives—State and Territory sentences and orders\n\n For the purposes of subsection 20AB(1AA) of the Act, a sentence or order mentioned in column 1 of an item in the following table under a law mentioned in column 2 of the item is prescribed.\n\n```html\n

State and Territory sentences and orders

Item

Column 1

Sentence or order

Column 2

Law

1

Home detention order

Subdivision 1 of Division 7 of Part 3 of the Sentencing Act 2017 (SA), as in force at the commencement of this instrument

2

Home detention order

Part 5A of the Sentencing Act 1997 (Tas.), as in force at the commencement of this instrument

3

Home detention order

Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 (NT), as in force at the commencement of this instrument

\n```\n\n#### 16 Offences for which a court may impose certain conditions\n\n For the purposes of paragraph 22(1)(b) of the Act, an indictable offence against the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005 is prescribed.\n\n## Part 8—Forensic procedures\n\n#### 17 Persons appropriately qualified to carry out forensic procedures\n\n For the purposes of paragraph (b) of the definition of appropriately qualified in subsection 23WA(1) of the Act, a person mentioned in column 2 of an item in the following table is qualified to carry out a forensic procedure mentioned in column 1 of the item.\n\n```html\n

Persons appropriately qualified to carry out forensic procedures

Item

Column 1

Forensic procedure

Column 2

Person

1

External examination of the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

2

Taking of a sample of blood (other than by a finger prick)

(a) Forensic scientist; or

(b) forensic technician

3

Taking of a sample of pubic hair

(a) Forensic scientist; or

(b) forensic technician

4

Taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

5

Taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

6

Taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Medical practitioner; or

(b) forensic scientist; or

(c) forensic technician

7

External examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing

(a) Forensic scientist; or

(b) forensic technician; or

(c) constable

8

Taking of a sample of blood by a finger prick

(a) Forensic scientist; or

(b) forensic technician

9

Taking of a sample of saliva, or a sample by buccal swab

(a) Forensic scientist; or

(b) forensic technician

10

Taking of a sample of hair other than pubic hair

(a) Forensic scientist; or

(b) forensic technician

11

Taking of a sample from a nail or from under a nail

(a) Forensic scientist; or

(b) forensic technician

12

Taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

13

Taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

14

Taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) For a photograph or video recording:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician; or

(iv) constable; or

(b) for an impression or cast of a wound:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician

\n```\n\n#### 18 Persons authorised to access information on DNA databases\n\n For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:\n (a) the person is employed or otherwise engaged by a forensic laboratory accredited by the National Association of Testing Authorities, Australia; and\n (b) in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory.\n\n#### 19 Corresponding laws—forensic procedures and DNA databases\n\n For the purposes of the definition of corresponding law in section 23YUA of the Act, the following laws, as in force from time to time, are prescribed:\n (a) the Crimes (Forensic Procedures) Act 2000 (NSW);\n (b) Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 (Vic.);\n (c) Chapter 17 of the Police Powers and Responsibilities Act 2000 (Qld);\n (d) Part 2 of, and Schedules 1 and 6 to, the Police Powers and Responsibilities Regulation 2012 (Qld);\n (e) the Criminal Investigation (Identifying People) Act 2002 (WA);\n (f) the Criminal Law (Forensic Procedures) Act 2007 (SA);\n (g) the Forensic Procedures Act 2000 (Tas.);\n (h) the Crimes (Forensic Procedures) Act 2000 (ACT);\n (i) Division 7 of Part VII of the Police Administration Act 1978 (NT).\n\n## Part 9—Pardons, quashed convictions and spent convictions\n\n#### 20 Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with children\n\n For the purposes of sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws relate to persons working, or seeking to work, with children (within the meaning of section 85ZZGF of the Act).\n\n```html\n

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Children’s Guardian appointed under the Children and Young Persons (Care and Protection) Act 1998 (NSW)

Child Protection (Working with Children) Act 2012 (NSW)

2

Secretary, within the meaning of the Worker Screening Act 2020 (Vic.)

Worker Screening Act 2020 (Vic.)

3

Chief executive mentioned in section 8 of the Working with Children (Risk Management and Screening) Act 2000 (Qld)

Working with Children (Risk Management and Screening) Act 2000 (Qld)

4

Queensland College of Teachers

Education (Queensland College of Teachers) Act 2005 (Qld)

5

CEO mentioned in section 12 of the Working with Children (Criminal Record Checking) Act 2004 (WA)

Working with Children (Criminal Record Checking) Act 2004 (WA)

6

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Child Safety (Prohibited Persons) Act 2016 (SA)

7

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

8

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

9

Independent advisor appointed under the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

10

Screening Authority mentioned in section 196 of the Care and Protection of Children Act 2007 (NT)

Care and Protection of Children Act 2007 (NT)

\n```\n\n#### 20A Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with persons with disability\n\n For the purposes of sections 85ZZGI, 85ZZGJ and 85ZZGK of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws:\n (a) are NDIS worker screening laws (within the meaning of the National Disability Insurance Scheme Act 2013); and\n (b) relate to persons working, or seeking to work, with people with disability (within the meaning of section 85ZZGM of the Crimes Act 1914).\n\n```html\n

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Screening Agency appointed under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

1A

Secretary, within the meaning of the Worker Screening Act 2020 (Vic.)

Worker Screening Act 2020 (Vic.)

1B

Chief executive, within the meaning of the Disability Services Act 2006 (Qld)

Disability Services Act 2006 (Qld)

1C

CEO, within the meaning of the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

2

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Disability Inclusion Act 2018 (SA)

3

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

4

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

5

Screening Agency declared under the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT)

National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT)

\n```\n\n#### 21 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)\n\n Schedule 2 of this instrument prescribes persons, purposes and offences for the purposes of paragraph 85ZZH(k) of the Act.\n\n## Part 10—Miscellaneous\n\n#### 22 ACC delegates\n\n For the purposes of subparagraphs 15HG(5)(c)(ii) and 15MX(3)(c)(ii) of the Act, the following positions are prescribed:\n (a) a position occupied by a person mentioned in subsection 47(1) of the Australian Crime Commission Act 2002 who is an SES employee;\n (b) any position in the ACC that is equivalent to or higher than a position mentioned in paragraph (a) of this section.\n\n## Part 11—Application, saving and transitional provisions\n\n### Division 1—Transitional matters relating to the Crimes Regulations 1990\n\n#### 23 Things done under the Crimes Regulations 1990\n\n (1) If:\n (a) a thing was done for a particular purpose under the Crimes Regulations 1990 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 24 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised:\n (a) under this instrument; or\n (b) under the Act in connection with something prescribed by this instrument;\n in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this instrument commences.\n (2) This section does not limit section 23 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n#### 25 Forms prescribed under the Crimes Regulations 1990\n\n Without limiting section 5, for the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 3 to the Crimes Regulations 1990 (as in force immediately before the commencement of this instrument) mentioned in column 2 of the item is prescribed.\n\n```html\n

Forms prescribed under the Crimes Regulations 1990

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 3

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

\n```\n\n#### 26 Application of indemnification requirements\n\n (1) Section 8 applies in relation to any conduct engaged in after the commencement of this instrument in the course of, and for the purposes of, a controlled operation, whether the controlled operation is authorised before or after that commencement.\n (2) Section 10 applies in relation to anything done after the commencement of this instrument in the course of acquiring or using an assumed identity, whether the authority to acquire or use the identity is granted before or after that commencement.\n (3) Despite the repeal of the Crimes Regulations 1990 by the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019, regulations 4B and 4C of the Crimes Regulations 1990 continue to apply, as if the repeal had not happened, in relation to:\n (a) any conduct engaged in before the commencement of this instrument in the course of, and for the purposes of, a controlled operation; and\n (b) anything done before that commencement in the course of acquiring or using an assumed identity.\n\n#### 27 Sentences or orders under section 20AB of the Act\n\n Nothing in this instrument or the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 affects a sentence passed, or order made, before the commencement of this instrument, under section 20AB of the Act.\n\n### Division 2—Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010\n\n#### 28 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010\n\n Annual reports\n (1) A report required to be laid before each House of the Parliament under section 15HN of the Act may be combined with a report required to be laid before each House of the Parliament under section 15T of the Act, as continued in force by Schedule 3 to the amendment Act.\n Pre‑commencement controlled operations\n (2) The Crimes Regulations 1990, as in force immediately before 19 February 2010, continue to apply to a pre‑commencement controlled operation.\n\n> Note: A pre‑commencement controlled operation is a controlled operation authorised under Part IAB of the Act before 19 February 2010, whether or not the pre‑commencement controlled operation had been completed as at that time: see subitem 17(2) of Schedule 3 to the amendment Act.\n\n (3) For the purposes of the definition of State controlled operations law in item 16 of Schedule 3 to the amendment Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force when the authority mentioned in that Schedule was granted under that law, are prescribed.\n\n```html\n

State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes Act 1958 (Vic.)

Subsections 68(2), 194(5) and 195A(5)

3

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

4

Victoria

Drugs, Poisons and Controlled Substances Act 1981 (Vic.)

Section 51

5

Victoria

Fisheries Act 1995 (Vic.)

Section 110A and Part 7A

6

Victoria

Gambling Regulation Act 2003 (Vic.)

Section 2.6.8

7

Victoria

Lotteries Gaming and Betting Act 1966 (Vic.)

Section 80

8

Victoria

Prostitution Control Act 1994 (Vic.)

Subsection 14(2)

9

Victoria

Summary Offences Act 1966 (Vic.)

Section 58

10

Victoria

Vagrancy Act 1966 (Vic.)

Section 17

11

Victoria

Wildlife Act 1975 (Vic.)

Section 63 and Part IX

12

Queensland

Crime and Corruption Act 2001 (Qld) (formerly the Crime and Misconduct Act 2001 (Qld))

Part 6A of Chapter 3

13

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

Chapter 11 and Divisions 1 and 3 of Part 5 of Chapter 24

14

Western Australia

Corruption, Crime and Misconduct Act 2003 (WA) (formerly the Corruption and Crime Commission Act 2003 (WA))

Division 5 of Part 4, Division 4 of Part 6 and section 185

15

Western Australia

Misuse of Drugs Act 1981 (WA)

Section 31

16

Western Australia

Prostitution Act 2000 (WA)

Section 35

17

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Parts 1 and 2, and clause 3 of Schedule 1

18

South Australia

Criminal Law (Undercover Operations) Act 1995 (SA)

All

19

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

20

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

21

Northern Territory

Misuse of Drugs Act 1990 (NT)

Section 32

\n```\n\n Definitions\n (4) In this section:\n\n> amendment Act means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.","sortOrder":35},{"sectionNumber":"Division 1","sectionType":"division","heading":"Transitional matters relating to the Crimes Regulations 1990","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Crimes Regulations 2019.\n\n#### 3 Authority\n\n (1) Subject to subsection (2), this instrument is made under the Crimes Act 1914.\n (2) Division 2 of Part 11 is made under the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) chief officer;\n (b) controlled operation;\n (c) designated offence.\n In this instrument:\n\n> Act means the Crimes Act 1914.\n\n> aviation security offence means an offence against:\n\n (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (b) Part 5.3 of the Criminal Code (terrorism); or\n (c) Part 5.3A of the Criminal Code (state sponsors of terrorism).\n\n> drug offence means an offence constituted by the production, possession, supply, import or export of a substance that is:\n\n (a) a narcotic substance within the meaning of the Customs Act 1901; or\n (b) a drug within the meaning of:\n (i) subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or\n (ii) subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n> forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.\n\n> forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.\n\n> health security offence means an offence against:\n\n (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (b) Part 5.1, 5.3 or 5.3A of the Criminal Code (treason and terrorism); or\n (c) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).\n\n> maritime security offence means an offence against:\n\n (a) Part 4 of the Australian Passports Act 2005 (offences relating to Australian travel documents); or\n (b) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (c) Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code (offences relating to people smuggling, the security of the Commonwealth, forgery, border controlled drugs and plants and money laundering); or\n (d) section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (smuggling and offences relating to import or export of certain goods); or\n (e) Division 10 of Part IV of the repealed Navigation Act 1912 (dangerous goods); or\n (f) Subdivision B of Division 4 of Part 4 of Chapter 3 of the Navigation Act 2012 (dangerous goods); or\n (g) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).\n\n## Part 1A—General\n\n#### 4A Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 9B(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the performance or exercise by the Official Trustee of functions, duties or powers under section 9A the Act.\n\n#### 4B Remuneration of Official Trustee\n\n For the purposes of paragraph 9B(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the performance or exercise by the Official Trustee of functions, duties or powers under section 9A of the Act is the equivalent amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002.\n\n> Note: Regulation 22 of the Proceeds of Crime Regulations 2019 sets out the amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002\n\n## Part 2—Forms\n\n#### 5 Prescribed forms\n\n For the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 1 mentioned in column 2 of the item is prescribed.\n\n```html\n

Prescribed forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

\n```\n\n#### 6 Optional forms\n\n The form in Schedule 1 mentioned in column 2 of an item in the following table may be used for the purposes of the provision of the Act mentioned in column 1 of the item.\n\n```html\n

Optional forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Subsection 19AS(1)

Form 2

2

Subsection 19AW(2)

Form 6

3

Paragraph 19AX(1)(b)

Form 7

4

Subsection 19AX(2)

Form 8

5

Subsection 19AZ(2)

Form 9

6

Paragraph 19B(1)(d)

Form 10

7

Paragraph 20(1)(a)

Form 11

8

Paragraph 20(1)(b)

Form 12

9

Paragraph 20BF(3)(b)

Form 13

10

Subsection 20BF(5)

Form 14

11

Subsection 20BF(6)

Form 15

12

Paragraph 20BM(3)(b)

Form 16

13

Subsection 20BM(5)

Form 17

14

Subsection 20BM(6)

Form 18

15

Paragraph 20BW(1)(a)

Form 19

16

Paragraph 20BW(1)(b)

Form 20

17

Subsection 20BW(2)

Form 21

18

Subsection 21B(3)

Form 22

\n```\n\n## Part 3—Controlled operations\n\n#### 7 Corresponding State controlled operations laws\n\n For the purposes of the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6A of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 11; and

(b) Divisions 1 and 3 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 2

6

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

7

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

8

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 2

\n```\n\n#### 8 Requirements for indemnification of participants against civil liability\n\n For the purposes of paragraph 15HB(f) of the Act, the following requirements are specified:\n (a) the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:\n (i) any conduct in which the participant engages, in the course of and for the purposes of the controlled operation, that is likely to result in legal proceedings against the participant or the Commonwealth; and\n (ii) any proceedings arising in relation to liability that the participant may have incurred because of conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation;\n (b) in any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, the participant must:\n (i) authorise the Commonwealth to control the conduct of the defence; and\n (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the participant’s legal representative; and\n (iii) give, and authorise the participant’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and\n (iv) if an award of costs is made in the participant’s favour—take all steps directed by the Commonwealth to recover the award; and\n (v) if the participant recovers any costs—pay the recovered costs to the Commonwealth;\n (c) the participant must not make any written or oral agreement to settle any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, in full or in part, unless the terms of the agreement have been approved by the chief officer of the authorising agency.\n\n## Part 4—Assumed identities\n\n#### 9 Corresponding assumed identity laws\n\n For the purposes of the definition of corresponding assumed identity law in section 15K of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding assumed identity laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW)

All

2

Victoria

Crimes (Assumed Identities) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6B of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 12; and

(b) Divisions 1 and 4 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 3

6

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 3

7

Tasmania

Police Powers (Assumed Identities) Act 2006 (Tas.)

All

8

Australian Capital Territory

Crimes (Assumed Identities) Act 2009 (ACT)

All

9

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 3

\n```\n\n#### 10 Requirements for indemnification of authorised persons\n\n For the purposes of paragraph 15KS(2)(c) of the Act, the following requirements are prescribed:\n (a) the authorised person must notify the chief officer who granted the authority in writing, and as soon as practicable, of:\n (i) anything done by the authorised person, in the course of acquiring or using an assumed identity, that is likely to result in legal proceedings against the authorised person or the Commonwealth; and\n (ii) any proceedings arising in relation to liability that the authorised person may have incurred because of anything done by the authorised person in the course of acquiring or using an assumed identity;\n (b) in any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, the authorised person must:\n (i) authorise the Commonwealth to control the conduct of the defence; and\n (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person’s legal representative; and\n (iii) give, and authorise the authorised person’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and\n (iv) if an award of costs is made in the authorised person’s favour—take all steps directed by the Commonwealth to recover the award; and\n (v) if the authorised person recovers any costs—pay the recovered costs to the Commonwealth;\n (c) the authorised person must not make any written or oral agreement to settle any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, in full or in part, unless the terms of the agreement have been approved by the chief officer.\n\n## Part 5—Witness identity protection for operatives\n\n#### 11 Corresponding witness identity protection laws\n\n For the purposes of the definition of corresponding witness identity protection law in subsection 15M(1) of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding witness identity protection laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

Victoria

Evidence (Miscellaneous Provisions) Act 1958 (Vic.)

(a) Part IIAA; and

(b) sections 161 and 162

2

Queensland

Evidence Act 1977 (Qld)

Division 5 of Part 2

3

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 4

4

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 4

5

Tasmania

Witness (Identity Protection) Act 2006 (Tas.)

All

6

Australian Capital Territory

Crimes (Protection of Witness Identity) Act 2011 (ACT)

Part 2

7

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 4

\n```\n\n#### 12 Meaning of civil proceeding\n\n For the purposes of paragraph 15MB(2)(d) of the Act, each of the following is part of a civil proceeding:\n (a) a proceeding in relation to an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;\n (b) an examination conducted under Part 3‑1 of that Act.\n\n## Part 6—Protecting vulnerable persons\n\n#### 13 Video recordings—persons who may conduct interview\n\n For the purposes of paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified.\n\n## Part 7—Sentencing, imprisonment and release of federal offenders\n\n#### 14 State and Territory pre‑release permit schemes that apply to federal offenders\n\n (1) For the purposes of subsection 19AZD(3) of the Act, a pre‑release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.\n\n```html\n

State and Territory pre‑release permit schemes that apply to federal offenders

Item

Column 1

Pre‑release permit scheme

Column 2

Law

1

Scheme for releasing a prisoner under a re‑entry release order

Part 4 of the Sentence Administration Act 2003 (WA), as in force at the commencement of this instrument

2

Scheme for releasing a prisoner to serve a period of home detention

Division 6A of Part 4 of the Correctional Services Act 1982 (SA), as in force at the commencement of this instrument

3

Scheme for releasing a prisoner on administrative home detention

Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act 2014 (NT), as in force at the commencement of this instrument

\n```\n\n (2) A federal offender who is not an Australian citizen is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would result in the offender:\n (a) becoming an unlawful non‑citizen (within the meaning of the Migration Act 1958); and\n (b) being liable to detention and removal from Australia under that Act.\n (3) A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.\n\n#### 15 Additional sentencing alternatives—State and Territory sentences and orders\n\n For the purposes of subsection 20AB(1AA) of the Act, a sentence or order mentioned in column 1 of an item in the following table under a law mentioned in column 2 of the item is prescribed.\n\n```html\n

State and Territory sentences and orders

Item

Column 1

Sentence or order

Column 2

Law

1

Home detention order

Subdivision 1 of Division 7 of Part 3 of the Sentencing Act 2017 (SA), as in force at the commencement of this instrument

2

Home detention order

Part 5A of the Sentencing Act 1997 (Tas.), as in force at the commencement of this instrument

3

Home detention order

Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 (NT), as in force at the commencement of this instrument

\n```\n\n#### 16 Offences for which a court may impose certain conditions\n\n For the purposes of paragraph 22(1)(b) of the Act, an indictable offence against the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005 is prescribed.\n\n## Part 8—Forensic procedures\n\n#### 17 Persons appropriately qualified to carry out forensic procedures\n\n For the purposes of paragraph (b) of the definition of appropriately qualified in subsection 23WA(1) of the Act, a person mentioned in column 2 of an item in the following table is qualified to carry out a forensic procedure mentioned in column 1 of the item.\n\n```html\n

Persons appropriately qualified to carry out forensic procedures

Item

Column 1

Forensic procedure

Column 2

Person

1

External examination of the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

2

Taking of a sample of blood (other than by a finger prick)

(a) Forensic scientist; or

(b) forensic technician

3

Taking of a sample of pubic hair

(a) Forensic scientist; or

(b) forensic technician

4

Taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

5

Taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

6

Taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Medical practitioner; or

(b) forensic scientist; or

(c) forensic technician

7

External examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing

(a) Forensic scientist; or

(b) forensic technician; or

(c) constable

8

Taking of a sample of blood by a finger prick

(a) Forensic scientist; or

(b) forensic technician

9

Taking of a sample of saliva, or a sample by buccal swab

(a) Forensic scientist; or

(b) forensic technician

10

Taking of a sample of hair other than pubic hair

(a) Forensic scientist; or

(b) forensic technician

11

Taking of a sample from a nail or from under a nail

(a) Forensic scientist; or

(b) forensic technician

12

Taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

13

Taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

14

Taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) For a photograph or video recording:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician; or

(iv) constable; or

(b) for an impression or cast of a wound:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician

\n```\n\n#### 18 Persons authorised to access information on DNA databases\n\n For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:\n (a) the person is employed or otherwise engaged by a forensic laboratory accredited by the National Association of Testing Authorities, Australia; and\n (b) in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory.\n\n#### 19 Corresponding laws—forensic procedures and DNA databases\n\n For the purposes of the definition of corresponding law in section 23YUA of the Act, the following laws, as in force from time to time, are prescribed:\n (a) the Crimes (Forensic Procedures) Act 2000 (NSW);\n (b) Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 (Vic.);\n (c) Chapter 17 of the Police Powers and Responsibilities Act 2000 (Qld);\n (d) Part 2 of, and Schedules 1 and 6 to, the Police Powers and Responsibilities Regulation 2012 (Qld);\n (e) the Criminal Investigation (Identifying People) Act 2002 (WA);\n (f) the Criminal Law (Forensic Procedures) Act 2007 (SA);\n (g) the Forensic Procedures Act 2000 (Tas.);\n (h) the Crimes (Forensic Procedures) Act 2000 (ACT);\n (i) Division 7 of Part VII of the Police Administration Act 1978 (NT).\n\n## Part 9—Pardons, quashed convictions and spent convictions\n\n#### 20 Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with children\n\n For the purposes of sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws relate to persons working, or seeking to work, with children (within the meaning of section 85ZZGF of the Act).\n\n```html\n

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Children’s Guardian appointed under the Children and Young Persons (Care and Protection) Act 1998 (NSW)

Child Protection (Working with Children) Act 2012 (NSW)

2

Secretary, within the meaning of the Worker Screening Act 2020 (Vic.)

Worker Screening Act 2020 (Vic.)

3

Chief executive mentioned in section 8 of the Working with Children (Risk Management and Screening) Act 2000 (Qld)

Working with Children (Risk Management and Screening) Act 2000 (Qld)

4

Queensland College of Teachers

Education (Queensland College of Teachers) Act 2005 (Qld)

5

CEO mentioned in section 12 of the Working with Children (Criminal Record Checking) Act 2004 (WA)

Working with Children (Criminal Record Checking) Act 2004 (WA)

6

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Child Safety (Prohibited Persons) Act 2016 (SA)

7

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

8

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

9

Independent advisor appointed under the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

10

Screening Authority mentioned in section 196 of the Care and Protection of Children Act 2007 (NT)

Care and Protection of Children Act 2007 (NT)

\n```\n\n#### 20A Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with persons with disability\n\n For the purposes of sections 85ZZGI, 85ZZGJ and 85ZZGK of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws:\n (a) are NDIS worker screening laws (within the meaning of the National Disability Insurance Scheme Act 2013); and\n (b) relate to persons working, or seeking to work, with people with disability (within the meaning of section 85ZZGM of the Crimes Act 1914).\n\n```html\n

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Screening Agency appointed under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

1A

Secretary, within the meaning of the Worker Screening Act 2020 (Vic.)

Worker Screening Act 2020 (Vic.)

1B

Chief executive, within the meaning of the Disability Services Act 2006 (Qld)

Disability Services Act 2006 (Qld)

1C

CEO, within the meaning of the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

2

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Disability Inclusion Act 2018 (SA)

3

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

4

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

5

Screening Agency declared under the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT)

National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT)

\n```\n\n#### 21 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)\n\n Schedule 2 of this instrument prescribes persons, purposes and offences for the purposes of paragraph 85ZZH(k) of the Act.\n\n## Part 10—Miscellaneous\n\n#### 22 ACC delegates\n\n For the purposes of subparagraphs 15HG(5)(c)(ii) and 15MX(3)(c)(ii) of the Act, the following positions are prescribed:\n (a) a position occupied by a person mentioned in subsection 47(1) of the Australian Crime Commission Act 2002 who is an SES employee;\n (b) any position in the ACC that is equivalent to or higher than a position mentioned in paragraph (a) of this section.\n\n## Part 11—Application, saving and transitional provisions\n\n### Division 1—Transitional matters relating to the Crimes Regulations 1990\n\n#### 23 Things done under the Crimes Regulations 1990\n\n (1) If:\n (a) a thing was done for a particular purpose under the Crimes Regulations 1990 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 24 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised:\n (a) under this instrument; or\n (b) under the Act in connection with something prescribed by this instrument;\n in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this instrument commences.\n (2) This section does not limit section 23 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n#### 25 Forms prescribed under the Crimes Regulations 1990\n\n Without limiting section 5, for the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 3 to the Crimes Regulations 1990 (as in force immediately before the commencement of this instrument) mentioned in column 2 of the item is prescribed.\n\n```html\n

Forms prescribed under the Crimes Regulations 1990

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 3

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

\n```\n\n#### 26 Application of indemnification requirements\n\n (1) Section 8 applies in relation to any conduct engaged in after the commencement of this instrument in the course of, and for the purposes of, a controlled operation, whether the controlled operation is authorised before or after that commencement.\n (2) Section 10 applies in relation to anything done after the commencement of this instrument in the course of acquiring or using an assumed identity, whether the authority to acquire or use the identity is granted before or after that commencement.\n (3) Despite the repeal of the Crimes Regulations 1990 by the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019, regulations 4B and 4C of the Crimes Regulations 1990 continue to apply, as if the repeal had not happened, in relation to:\n (a) any conduct engaged in before the commencement of this instrument in the course of, and for the purposes of, a controlled operation; and\n (b) anything done before that commencement in the course of acquiring or using an assumed identity.\n\n#### 27 Sentences or orders under section 20AB of the Act\n\n Nothing in this instrument or the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 affects a sentence passed, or order made, before the commencement of this instrument, under section 20AB of the Act.\n\n### Division 2—Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010\n\n#### 28 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010\n\n Annual reports\n (1) A report required to be laid before each House of the Parliament under section 15HN of the Act may be combined with a report required to be laid before each House of the Parliament under section 15T of the Act, as continued in force by Schedule 3 to the amendment Act.\n Pre‑commencement controlled operations\n (2) The Crimes Regulations 1990, as in force immediately before 19 February 2010, continue to apply to a pre‑commencement controlled operation.\n\n> Note: A pre‑commencement controlled operation is a controlled operation authorised under Part IAB of the Act before 19 February 2010, whether or not the pre‑commencement controlled operation had been completed as at that time: see subitem 17(2) of Schedule 3 to the amendment Act.\n\n (3) For the purposes of the definition of State controlled operations law in item 16 of Schedule 3 to the amendment Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force when the authority mentioned in that Schedule was granted under that law, are prescribed.\n\n```html\n

State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes Act 1958 (Vic.)

Subsections 68(2), 194(5) and 195A(5)

3

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

4

Victoria

Drugs, Poisons and Controlled Substances Act 1981 (Vic.)

Section 51

5

Victoria

Fisheries Act 1995 (Vic.)

Section 110A and Part 7A

6

Victoria

Gambling Regulation Act 2003 (Vic.)

Section 2.6.8

7

Victoria

Lotteries Gaming and Betting Act 1966 (Vic.)

Section 80

8

Victoria

Prostitution Control Act 1994 (Vic.)

Subsection 14(2)

9

Victoria

Summary Offences Act 1966 (Vic.)

Section 58

10

Victoria

Vagrancy Act 1966 (Vic.)

Section 17

11

Victoria

Wildlife Act 1975 (Vic.)

Section 63 and Part IX

12

Queensland

Crime and Corruption Act 2001 (Qld) (formerly the Crime and Misconduct Act 2001 (Qld))

Part 6A of Chapter 3

13

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

Chapter 11 and Divisions 1 and 3 of Part 5 of Chapter 24

14

Western Australia

Corruption, Crime and Misconduct Act 2003 (WA) (formerly the Corruption and Crime Commission Act 2003 (WA))

Division 5 of Part 4, Division 4 of Part 6 and section 185

15

Western Australia

Misuse of Drugs Act 1981 (WA)

Section 31

16

Western Australia

Prostitution Act 2000 (WA)

Section 35

17

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Parts 1 and 2, and clause 3 of Schedule 1

18

South Australia

Criminal Law (Undercover Operations) Act 1995 (SA)

All

19

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

20

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

21

Northern Territory

Misuse of Drugs Act 1990 (NT)

Section 32

\n```\n\n Definitions\n (4) In this section:\n\n> amendment Act means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Things done under the Crimes Regulations 1990","content":"#### 23 Things done under the Crimes Regulations 1990\n\n (1) If:\n (a) a thing was done for a particular purpose under the Crimes Regulations 1990 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":37},{"sectionNumber":"24","sectionType":"section","heading":"Conduct, event, circumstances occurring before commencement","content":"#### 24 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised:\n (a) under this instrument; or\n (b) under the Act in connection with something prescribed by this instrument;\n in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this instrument commences.\n (2) This section does not limit section 23 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":38},{"sectionNumber":"25","sectionType":"section","heading":"Forms prescribed under the Crimes Regulations 1990","content":"#### 25 Forms prescribed under the Crimes Regulations 1990\n\n Without limiting section 5, for the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 3 to the Crimes Regulations 1990 (as in force immediately before the commencement of this instrument) mentioned in column 2 of the item is prescribed.\n\n```html\n

Forms prescribed under the Crimes Regulations 1990

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 3

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

\n```","sortOrder":39},{"sectionNumber":"26","sectionType":"section","heading":"Application of indemnification requirements","content":"#### 26 Application of indemnification requirements\n\n (1) Section 8 applies in relation to any conduct engaged in after the commencement of this instrument in the course of, and for the purposes of, a controlled operation, whether the controlled operation is authorised before or after that commencement.\n (2) Section 10 applies in relation to anything done after the commencement of this instrument in the course of acquiring or using an assumed identity, whether the authority to acquire or use the identity is granted before or after that commencement.\n (3) Despite the repeal of the Crimes Regulations 1990 by the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019, regulations 4B and 4C of the Crimes Regulations 1990 continue to apply, as if the repeal had not happened, in relation to:\n (a) any conduct engaged in before the commencement of this instrument in the course of, and for the purposes of, a controlled operation; and\n (b) anything done before that commencement in the course of acquiring or using an assumed identity.","sortOrder":40},{"sectionNumber":"27","sectionType":"section","heading":"Sentences or orders under section 20AB of the Act","content":"#### 27 Sentences or orders under section 20AB of the Act\n\n Nothing in this instrument or the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 affects a sentence passed, or order made, before the commencement of this instrument, under section 20AB of the Act.","sortOrder":41},{"sectionNumber":"Division 2","sectionType":"division","heading":"Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Crimes Regulations 2019.\n\n#### 3 Authority\n\n (1) Subject to subsection (2), this instrument is made under the Crimes Act 1914.\n (2) Division 2 of Part 11 is made under the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) chief officer;\n (b) controlled operation;\n (c) designated offence.\n In this instrument:\n\n> Act means the Crimes Act 1914.\n\n> aviation security offence means an offence against:\n\n (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (b) Part 5.3 of the Criminal Code (terrorism); or\n (c) Part 5.3A of the Criminal Code (state sponsors of terrorism).\n\n> drug offence means an offence constituted by the production, possession, supply, import or export of a substance that is:\n\n (a) a narcotic substance within the meaning of the Customs Act 1901; or\n (b) a drug within the meaning of:\n (i) subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or\n (ii) subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n> forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.\n\n> forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.\n\n> health security offence means an offence against:\n\n (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (b) Part 5.1, 5.3 or 5.3A of the Criminal Code (treason and terrorism); or\n (c) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).\n\n> maritime security offence means an offence against:\n\n (a) Part 4 of the Australian Passports Act 2005 (offences relating to Australian travel documents); or\n (b) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or\n (c) Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code (offences relating to people smuggling, the security of the Commonwealth, forgery, border controlled drugs and plants and money laundering); or\n (d) section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (smuggling and offences relating to import or export of certain goods); or\n (e) Division 10 of Part IV of the repealed Navigation Act 1912 (dangerous goods); or\n (f) Subdivision B of Division 4 of Part 4 of Chapter 3 of the Navigation Act 2012 (dangerous goods); or\n (g) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).\n\n## Part 1A—General\n\n#### 4A Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 9B(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the performance or exercise by the Official Trustee of functions, duties or powers under section 9A the Act.\n\n#### 4B Remuneration of Official Trustee\n\n For the purposes of paragraph 9B(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the performance or exercise by the Official Trustee of functions, duties or powers under section 9A of the Act is the equivalent amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002.\n\n> Note: Regulation 22 of the Proceeds of Crime Regulations 2019 sets out the amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002\n\n## Part 2—Forms\n\n#### 5 Prescribed forms\n\n For the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 1 mentioned in column 2 of the item is prescribed.\n\n```html\n

Prescribed forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

\n```\n\n#### 6 Optional forms\n\n The form in Schedule 1 mentioned in column 2 of an item in the following table may be used for the purposes of the provision of the Act mentioned in column 1 of the item.\n\n```html\n

Optional forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Subsection 19AS(1)

Form 2

2

Subsection 19AW(2)

Form 6

3

Paragraph 19AX(1)(b)

Form 7

4

Subsection 19AX(2)

Form 8

5

Subsection 19AZ(2)

Form 9

6

Paragraph 19B(1)(d)

Form 10

7

Paragraph 20(1)(a)

Form 11

8

Paragraph 20(1)(b)

Form 12

9

Paragraph 20BF(3)(b)

Form 13

10

Subsection 20BF(5)

Form 14

11

Subsection 20BF(6)

Form 15

12

Paragraph 20BM(3)(b)

Form 16

13

Subsection 20BM(5)

Form 17

14

Subsection 20BM(6)

Form 18

15

Paragraph 20BW(1)(a)

Form 19

16

Paragraph 20BW(1)(b)

Form 20

17

Subsection 20BW(2)

Form 21

18

Subsection 21B(3)

Form 22

\n```\n\n## Part 3—Controlled operations\n\n#### 7 Corresponding State controlled operations laws\n\n For the purposes of the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6A of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 11; and

(b) Divisions 1 and 3 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 2

6

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

7

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

8

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 2

\n```\n\n#### 8 Requirements for indemnification of participants against civil liability\n\n For the purposes of paragraph 15HB(f) of the Act, the following requirements are specified:\n (a) the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:\n (i) any conduct in which the participant engages, in the course of and for the purposes of the controlled operation, that is likely to result in legal proceedings against the participant or the Commonwealth; and\n (ii) any proceedings arising in relation to liability that the participant may have incurred because of conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation;\n (b) in any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, the participant must:\n (i) authorise the Commonwealth to control the conduct of the defence; and\n (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the participant’s legal representative; and\n (iii) give, and authorise the participant’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and\n (iv) if an award of costs is made in the participant’s favour—take all steps directed by the Commonwealth to recover the award; and\n (v) if the participant recovers any costs—pay the recovered costs to the Commonwealth;\n (c) the participant must not make any written or oral agreement to settle any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, in full or in part, unless the terms of the agreement have been approved by the chief officer of the authorising agency.\n\n## Part 4—Assumed identities\n\n#### 9 Corresponding assumed identity laws\n\n For the purposes of the definition of corresponding assumed identity law in section 15K of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding assumed identity laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW)

All

2

Victoria

Crimes (Assumed Identities) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6B of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 12; and

(b) Divisions 1 and 4 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 3

6

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 3

7

Tasmania

Police Powers (Assumed Identities) Act 2006 (Tas.)

All

8

Australian Capital Territory

Crimes (Assumed Identities) Act 2009 (ACT)

All

9

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 3

\n```\n\n#### 10 Requirements for indemnification of authorised persons\n\n For the purposes of paragraph 15KS(2)(c) of the Act, the following requirements are prescribed:\n (a) the authorised person must notify the chief officer who granted the authority in writing, and as soon as practicable, of:\n (i) anything done by the authorised person, in the course of acquiring or using an assumed identity, that is likely to result in legal proceedings against the authorised person or the Commonwealth; and\n (ii) any proceedings arising in relation to liability that the authorised person may have incurred because of anything done by the authorised person in the course of acquiring or using an assumed identity;\n (b) in any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, the authorised person must:\n (i) authorise the Commonwealth to control the conduct of the defence; and\n (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person’s legal representative; and\n (iii) give, and authorise the authorised person’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and\n (iv) if an award of costs is made in the authorised person’s favour—take all steps directed by the Commonwealth to recover the award; and\n (v) if the authorised person recovers any costs—pay the recovered costs to the Commonwealth;\n (c) the authorised person must not make any written or oral agreement to settle any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, in full or in part, unless the terms of the agreement have been approved by the chief officer.\n\n## Part 5—Witness identity protection for operatives\n\n#### 11 Corresponding witness identity protection laws\n\n For the purposes of the definition of corresponding witness identity protection law in subsection 15M(1) of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.\n\n```html\n

Corresponding witness identity protection laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

Victoria

Evidence (Miscellaneous Provisions) Act 1958 (Vic.)

(a) Part IIAA; and

(b) sections 161 and 162

2

Queensland

Evidence Act 1977 (Qld)

Division 5 of Part 2

3

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 4

4

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 4

5

Tasmania

Witness (Identity Protection) Act 2006 (Tas.)

All

6

Australian Capital Territory

Crimes (Protection of Witness Identity) Act 2011 (ACT)

Part 2

7

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 4

\n```\n\n#### 12 Meaning of civil proceeding\n\n For the purposes of paragraph 15MB(2)(d) of the Act, each of the following is part of a civil proceeding:\n (a) a proceeding in relation to an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;\n (b) an examination conducted under Part 3‑1 of that Act.\n\n## Part 6—Protecting vulnerable persons\n\n#### 13 Video recordings—persons who may conduct interview\n\n For the purposes of paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified.\n\n## Part 7—Sentencing, imprisonment and release of federal offenders\n\n#### 14 State and Territory pre‑release permit schemes that apply to federal offenders\n\n (1) For the purposes of subsection 19AZD(3) of the Act, a pre‑release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.\n\n```html\n

State and Territory pre‑release permit schemes that apply to federal offenders

Item

Column 1

Pre‑release permit scheme

Column 2

Law

1

Scheme for releasing a prisoner under a re‑entry release order

Part 4 of the Sentence Administration Act 2003 (WA), as in force at the commencement of this instrument

2

Scheme for releasing a prisoner to serve a period of home detention

Division 6A of Part 4 of the Correctional Services Act 1982 (SA), as in force at the commencement of this instrument

3

Scheme for releasing a prisoner on administrative home detention

Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act 2014 (NT), as in force at the commencement of this instrument

\n```\n\n (2) A federal offender who is not an Australian citizen is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would result in the offender:\n (a) becoming an unlawful non‑citizen (within the meaning of the Migration Act 1958); and\n (b) being liable to detention and removal from Australia under that Act.\n (3) A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.\n\n#### 15 Additional sentencing alternatives—State and Territory sentences and orders\n\n For the purposes of subsection 20AB(1AA) of the Act, a sentence or order mentioned in column 1 of an item in the following table under a law mentioned in column 2 of the item is prescribed.\n\n```html\n

State and Territory sentences and orders

Item

Column 1

Sentence or order

Column 2

Law

1

Home detention order

Subdivision 1 of Division 7 of Part 3 of the Sentencing Act 2017 (SA), as in force at the commencement of this instrument

2

Home detention order

Part 5A of the Sentencing Act 1997 (Tas.), as in force at the commencement of this instrument

3

Home detention order

Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 (NT), as in force at the commencement of this instrument

\n```\n\n#### 16 Offences for which a court may impose certain conditions\n\n For the purposes of paragraph 22(1)(b) of the Act, an indictable offence against the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005 is prescribed.\n\n## Part 8—Forensic procedures\n\n#### 17 Persons appropriately qualified to carry out forensic procedures\n\n For the purposes of paragraph (b) of the definition of appropriately qualified in subsection 23WA(1) of the Act, a person mentioned in column 2 of an item in the following table is qualified to carry out a forensic procedure mentioned in column 1 of the item.\n\n```html\n

Persons appropriately qualified to carry out forensic procedures

Item

Column 1

Forensic procedure

Column 2

Person

1

External examination of the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

2

Taking of a sample of blood (other than by a finger prick)

(a) Forensic scientist; or

(b) forensic technician

3

Taking of a sample of pubic hair

(a) Forensic scientist; or

(b) forensic technician

4

Taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

5

Taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

6

Taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Medical practitioner; or

(b) forensic scientist; or

(c) forensic technician

7

External examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing

(a) Forensic scientist; or

(b) forensic technician; or

(c) constable

8

Taking of a sample of blood by a finger prick

(a) Forensic scientist; or

(b) forensic technician

9

Taking of a sample of saliva, or a sample by buccal swab

(a) Forensic scientist; or

(b) forensic technician

10

Taking of a sample of hair other than pubic hair

(a) Forensic scientist; or

(b) forensic technician

11

Taking of a sample from a nail or from under a nail

(a) Forensic scientist; or

(b) forensic technician

12

Taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

13

Taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

14

Taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) For a photograph or video recording:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician; or

(iv) constable; or

(b) for an impression or cast of a wound:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician

\n```\n\n#### 18 Persons authorised to access information on DNA databases\n\n For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:\n (a) the person is employed or otherwise engaged by a forensic laboratory accredited by the National Association of Testing Authorities, Australia; and\n (b) in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory.\n\n#### 19 Corresponding laws—forensic procedures and DNA databases\n\n For the purposes of the definition of corresponding law in section 23YUA of the Act, the following laws, as in force from time to time, are prescribed:\n (a) the Crimes (Forensic Procedures) Act 2000 (NSW);\n (b) Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 (Vic.);\n (c) Chapter 17 of the Police Powers and Responsibilities Act 2000 (Qld);\n (d) Part 2 of, and Schedules 1 and 6 to, the Police Powers and Responsibilities Regulation 2012 (Qld);\n (e) the Criminal Investigation (Identifying People) Act 2002 (WA);\n (f) the Criminal Law (Forensic Procedures) Act 2007 (SA);\n (g) the Forensic Procedures Act 2000 (Tas.);\n (h) the Crimes (Forensic Procedures) Act 2000 (ACT);\n (i) Division 7 of Part VII of the Police Administration Act 1978 (NT).\n\n## Part 9—Pardons, quashed convictions and spent convictions\n\n#### 20 Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with children\n\n For the purposes of sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws relate to persons working, or seeking to work, with children (within the meaning of section 85ZZGF of the Act).\n\n```html\n

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Children’s Guardian appointed under the Children and Young Persons (Care and Protection) Act 1998 (NSW)

Child Protection (Working with Children) Act 2012 (NSW)

2

Secretary, within the meaning of the Worker Screening Act 2020 (Vic.)

Worker Screening Act 2020 (Vic.)

3

Chief executive mentioned in section 8 of the Working with Children (Risk Management and Screening) Act 2000 (Qld)

Working with Children (Risk Management and Screening) Act 2000 (Qld)

4

Queensland College of Teachers

Education (Queensland College of Teachers) Act 2005 (Qld)

5

CEO mentioned in section 12 of the Working with Children (Criminal Record Checking) Act 2004 (WA)

Working with Children (Criminal Record Checking) Act 2004 (WA)

6

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Child Safety (Prohibited Persons) Act 2016 (SA)

7

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

8

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

9

Independent advisor appointed under the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

10

Screening Authority mentioned in section 196 of the Care and Protection of Children Act 2007 (NT)

Care and Protection of Children Act 2007 (NT)

\n```\n\n#### 20A Exclusions from Divisions 2 and 3 of Part VIIC of the Act—exclusions relating to work with persons with disability\n\n For the purposes of sections 85ZZGI, 85ZZGJ and 85ZZGK of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws:\n (a) are NDIS worker screening laws (within the meaning of the National Disability Insurance Scheme Act 2013); and\n (b) relate to persons working, or seeking to work, with people with disability (within the meaning of section 85ZZGM of the Crimes Act 1914).\n\n```html\n

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Screening Agency appointed under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

1A

Secretary, within the meaning of the Worker Screening Act 2020 (Vic.)

Worker Screening Act 2020 (Vic.)

1B

Chief executive, within the meaning of the Disability Services Act 2006 (Qld)

Disability Services Act 2006 (Qld)

1C

CEO, within the meaning of the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

2

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Disability Inclusion Act 2018 (SA)

3

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

4

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

5

Screening Agency declared under the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT)

National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT)

\n```\n\n#### 21 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)\n\n Schedule 2 of this instrument prescribes persons, purposes and offences for the purposes of paragraph 85ZZH(k) of the Act.\n\n## Part 10—Miscellaneous\n\n#### 22 ACC delegates\n\n For the purposes of subparagraphs 15HG(5)(c)(ii) and 15MX(3)(c)(ii) of the Act, the following positions are prescribed:\n (a) a position occupied by a person mentioned in subsection 47(1) of the Australian Crime Commission Act 2002 who is an SES employee;\n (b) any position in the ACC that is equivalent to or higher than a position mentioned in paragraph (a) of this section.\n\n## Part 11—Application, saving and transitional provisions\n\n### Division 1—Transitional matters relating to the Crimes Regulations 1990\n\n#### 23 Things done under the Crimes Regulations 1990\n\n (1) If:\n (a) a thing was done for a particular purpose under the Crimes Regulations 1990 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 24 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised:\n (a) under this instrument; or\n (b) under the Act in connection with something prescribed by this instrument;\n in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this instrument commences.\n (2) This section does not limit section 23 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n#### 25 Forms prescribed under the Crimes Regulations 1990\n\n Without limiting section 5, for the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 3 to the Crimes Regulations 1990 (as in force immediately before the commencement of this instrument) mentioned in column 2 of the item is prescribed.\n\n```html\n

Forms prescribed under the Crimes Regulations 1990

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 3

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

\n```\n\n#### 26 Application of indemnification requirements\n\n (1) Section 8 applies in relation to any conduct engaged in after the commencement of this instrument in the course of, and for the purposes of, a controlled operation, whether the controlled operation is authorised before or after that commencement.\n (2) Section 10 applies in relation to anything done after the commencement of this instrument in the course of acquiring or using an assumed identity, whether the authority to acquire or use the identity is granted before or after that commencement.\n (3) Despite the repeal of the Crimes Regulations 1990 by the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019, regulations 4B and 4C of the Crimes Regulations 1990 continue to apply, as if the repeal had not happened, in relation to:\n (a) any conduct engaged in before the commencement of this instrument in the course of, and for the purposes of, a controlled operation; and\n (b) anything done before that commencement in the course of acquiring or using an assumed identity.\n\n#### 27 Sentences or orders under section 20AB of the Act\n\n Nothing in this instrument or the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 affects a sentence passed, or order made, before the commencement of this instrument, under section 20AB of the Act.\n\n### Division 2—Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010\n\n#### 28 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010\n\n Annual reports\n (1) A report required to be laid before each House of the Parliament under section 15HN of the Act may be combined with a report required to be laid before each House of the Parliament under section 15T of the Act, as continued in force by Schedule 3 to the amendment Act.\n Pre‑commencement controlled operations\n (2) The Crimes Regulations 1990, as in force immediately before 19 February 2010, continue to apply to a pre‑commencement controlled operation.\n\n> Note: A pre‑commencement controlled operation is a controlled operation authorised under Part IAB of the Act before 19 February 2010, whether or not the pre‑commencement controlled operation had been completed as at that time: see subitem 17(2) of Schedule 3 to the amendment Act.\n\n (3) For the purposes of the definition of State controlled operations law in item 16 of Schedule 3 to the amendment Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force when the authority mentioned in that Schedule was granted under that law, are prescribed.\n\n```html\n

State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes Act 1958 (Vic.)

Subsections 68(2), 194(5) and 195A(5)

3

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

4

Victoria

Drugs, Poisons and Controlled Substances Act 1981 (Vic.)

Section 51

5

Victoria

Fisheries Act 1995 (Vic.)

Section 110A and Part 7A

6

Victoria

Gambling Regulation Act 2003 (Vic.)

Section 2.6.8

7

Victoria

Lotteries Gaming and Betting Act 1966 (Vic.)

Section 80

8

Victoria

Prostitution Control Act 1994 (Vic.)

Subsection 14(2)

9

Victoria

Summary Offences Act 1966 (Vic.)

Section 58

10

Victoria

Vagrancy Act 1966 (Vic.)

Section 17

11

Victoria

Wildlife Act 1975 (Vic.)

Section 63 and Part IX

12

Queensland

Crime and Corruption Act 2001 (Qld) (formerly the Crime and Misconduct Act 2001 (Qld))

Part 6A of Chapter 3

13

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

Chapter 11 and Divisions 1 and 3 of Part 5 of Chapter 24

14

Western Australia

Corruption, Crime and Misconduct Act 2003 (WA) (formerly the Corruption and Crime Commission Act 2003 (WA))

Division 5 of Part 4, Division 4 of Part 6 and section 185

15

Western Australia

Misuse of Drugs Act 1981 (WA)

Section 31

16

Western Australia

Prostitution Act 2000 (WA)

Section 35

17

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Parts 1 and 2, and clause 3 of Schedule 1

18

South Australia

Criminal Law (Undercover Operations) Act 1995 (SA)

All

19

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

20

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

21

Northern Territory

Misuse of Drugs Act 1990 (NT)

Section 32

\n```\n\n Definitions\n (4) In this section:\n\n> amendment Act means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010","content":"#### 28 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010\n\n Annual reports\n (1) A report required to be laid before each House of the Parliament under section 15HN of the Act may be combined with a report required to be laid before each House of the Parliament under section 15T of the Act, as continued in force by Schedule 3 to the amendment Act.\n Pre‑commencement controlled operations\n (2) The Crimes Regulations 1990, as in force immediately before 19 February 2010, continue to apply to a pre‑commencement controlled operation.\n\n> Note: A pre‑commencement controlled operation is a controlled operation authorised under Part IAB of the Act before 19 February 2010, whether or not the pre‑commencement controlled operation had been completed as at that time: see subitem 17(2) of Schedule 3 to the amendment Act.\n\n (3) For the purposes of the definition of State controlled operations law in item 16 of Schedule 3 to the amendment Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force when the authority mentioned in that Schedule was granted under that law, are prescribed.\n\n```html\n

State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes Act 1958 (Vic.)

Subsections 68(2), 194(5) and 195A(5)

3

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

4

Victoria

Drugs, Poisons and Controlled Substances Act 1981 (Vic.)

Section 51

5

Victoria

Fisheries Act 1995 (Vic.)

Section 110A and Part 7A

6

Victoria

Gambling Regulation Act 2003 (Vic.)

Section 2.6.8

7

Victoria

Lotteries Gaming and Betting Act 1966 (Vic.)

Section 80

8

Victoria

Prostitution Control Act 1994 (Vic.)

Subsection 14(2)

9

Victoria

Summary Offences Act 1966 (Vic.)

Section 58

10

Victoria

Vagrancy Act 1966 (Vic.)

Section 17

11

Victoria

Wildlife Act 1975 (Vic.)

Section 63 and Part IX

12

Queensland

Crime and Corruption Act 2001 (Qld) (formerly the Crime and Misconduct Act 2001 (Qld))

Part 6A of Chapter 3

13

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

Chapter 11 and Divisions 1 and 3 of Part 5 of Chapter 24

14

Western Australia

Corruption, Crime and Misconduct Act 2003 (WA) (formerly the Corruption and Crime Commission Act 2003 (WA))

Division 5 of Part 4, Division 4 of Part 6 and section 185

15

Western Australia

Misuse of Drugs Act 1981 (WA)

Section 31

16

Western Australia

Prostitution Act 2000 (WA)

Section 35

17

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Parts 1 and 2, and clause 3 of Schedule 1

18

South Australia

Criminal Law (Undercover Operations) Act 1995 (SA)

All

19

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

20

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

21

Northern Territory

Misuse of Drugs Act 1990 (NT)

Section 32

\n```\n\n Definitions\n (4) In this section:\n\n> amendment Act means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.","sortOrder":43},{"sectionNumber":"Form 1—Document relating to other offenc","sectionType":"part","heading":"Form 1—Document relating to other offences to be taken into account","content":"## Form 1—Document relating to other offences to be taken into account\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nFORM FOR THE PURPOSES OF SECTION 16BA\n\n\\*Branch Office of the Director of Public Prosecutions\n\n\\*Regional Office of the Attorney‑General’s Department\n\nInformation for Defendant\n\n1\n\nTO: 2\n\n1. You are charged with the following federal \\*offence/\\*offences:\n\n(a) 3;\n\n(b) 3;\n\nbefore the 4.\n\n2. The list at the end of this document gives particulars of 5 other \\*offence/\\*offences which you are believed to have committed.\n\n3. If you are convicted of \\*the charge/\\*any of the charges mentioned above and before sentence is passed, you may:\n\n(a) if:\n\n(i) the court decides; and\n\n(ii) the prosecution agrees;\n\nadmit all or any of the offences specified in the list at the end of this document; and\n\n(b) ask that any of those offences that you have admitted be taken into account by the court in passing sentence for the \\*offence/\\*offences of which you have been convicted.\n\n4. If you are convicted and the court does take any of the offences that you have admitted into account, the maximum sentence that may be passed upon you for \\*the offence/\\*any offence of which you have been convicted will still be the maximum penalty that the court could have imposed on you for the offence if no other offence had been taken into account.\n\n5. If the court takes an offence that you have admitted into account, the court may make such orders about reparation, restitution, compensation, costs and forfeiture as it could have made if you had been convicted before the court of the offence, but will not impose any other punishment for the offence. Rights of appeal are available in relation to an order as if it had been made on the conviction for the offence.\n\n6. No proceedings may be taken or continued against you for an offence taken into account by the court in respect of a conviction unless the conviction in respect of which the offence has been taken into account has been quashed or set aside.\n\n7. If:\n\n(a) in the circumstances mentioned in paragraph 6, proceedings are taken or continued against you for an offence that you have admitted; or\n\n(b) the court does not for any reason take any one or more of the offences that you have admitted into account;\n\nyour admission cannot be used as evidence against you in any proceedings taken or continued for the offence about which the admission was made or for any other offence listed at the end of this document.\n\n6\n\n\\*7\n\n\\*Director of Public Prosecutions/\\*A person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914/\\*A person appointed under section 69 of the Judiciary Act 1903\n\n8\n\nAcknowledgement\n\nI, 2, acknowledge receipt of a copy of this document.\n\n9\n\n8\n\nCertificate\n\nThis is to certify that the court has taken into account the \\*offence/\\*offences admitted by\n\n2 which are numbered 10 in the list at the end of this document in respect of the \\*conviction/\\*convictions for the \\*offence/\\*offences listed in paragraph 1 above of which 2 has been convicted.\n\nDated 8.\n\n11\n\n\\*Judge of 4/\\*Magistrate\n\nCrimes Act 1914, section 16BA\n\nOffences which you are believed to have committed\n\n| Itemnumber | Place where offence was committed | Date ofoffence | Brief description of offence |\n| ---------- | --------------------------------- | -------------- | ---------------------------- |\n| | | | |\n\n1 insert address\n\n2 insert name of defendant\n\n3 insert details of offences\n\n4 insert name of court\n\n5 insert number of offences listed\n\n6 signature of the Director of Public Prosecutions, person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or person appointed under section 69 of the Judiciary Act 1903\n\n7 insert full name of person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or of person appointed under section 69 of the Judiciary Act 1903\n\n8 insert date\n\n9 signature of defendant\n\n10 insert the number of each offence taken into account\n\n11 signature of judge or magistrate\n\n\\* omit if inapplicable","sortOrder":44},{"sectionNumber":"Form 2—Warrant authorising the detention","sectionType":"part","heading":"Form 2—Warrant authorising the detention of a person where parole or licence automatically revoked","content":"## Form 2—Warrant authorising the detention of a person where parole or licence automatically revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT UNDER SECTION 19AS AUTHORISING THE DETENTION OF A PERSON\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nAND to the officer in charge of 2 in 1:\n\nI, 3, \\*a Judge of 4/\\*Magistrate, under paragraph 19AS(1)(c) of the Crimes Act 1914:\n\n(a) authorise those members in 1 to take 5 to 2 in 1 and deliver that person to the officer in charge of that prison, together with this warrant; and\n\n(b) authorise the officer in charge of 2 in 1 to receive 5 into custody and detain that person to undergo imprisonment for the \\*term/\\*terms of the \\*sentence/\\*sentences of imprisonment specified in the Schedule.\n\nThis warrant is issued because 5 is a person:\n\n(a) who is serving or is to serve a federal sentence or sentences within the meaning of Part IB of the Crimes Act 1914; and\n\n(b) who was released on parole or licence under that Act; and\n\n(c) whose parole or licence is taken to have been revoked under section 19AQ of that Act, because of the imposition of one or more further federal, State or Territory sentences; and\n\n(d) who has become liable under section 19AQ to serve the part of each of the sentences referred to in paragraph (a) that the person had not served at the time of the person’s release.\n\nSCHEDULE\n\nDETAILS OF \\*SENTENCE/\\*SENTENCES TO BE SERVED\n\n1 6\n\n2\n\n3\n\nDated 7.\n\n8\n\n\\*Judge of 4/\\*Magistrate\n\n1 insert State or Territory\n\n2 insert name of prison\n\n3 insert full name of judge or magistrate\n\n4 insert name of court\n\n5 insert full name of person\n\n6 insert details of each outstanding sentence commencing with the longest outstanding sentence\n\n7 insert date\n\n8 signature of judge or magistrate\n\n\\* omit if inapplicable","sortOrder":45},{"sectionNumber":"Form 3—Notice of proposed revocation of ","sectionType":"part","heading":"Form 3—Notice of proposed revocation of parole order or licence","content":"## Form 3—Notice of proposed revocation of parole order or licence\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nNOTICE OF REVOCATION UNDER SUBSECTION 19AU(2)\n\nTo 1, a person to whom \\*a parole order under section 19AL/\\*a licence under section 19AP of the Crimes Act 1914 relates:\n\nI, 2, Attorney‑General of the Commonwealth of Australia, under subsection 19AU(2) of the Crimes Act 1914, notify you that:\n\n\\*(a) you have not complied with the following \\*condition/\\*conditions of your \\*parole order/\\*licence:\n\n(i) 3;\n\n(ii) 3; and\n\n\\*(a) I have reasonable grounds to suspect that you have not complied with the following \\*condition/\\*conditions of your \\*parole order/\\*licence:\n\n(i) 3;\n\n(ii) 3; and\n\n(b) I propose to revoke that \\*parole order/\\*licence at the end of 14 days after the date of this notice unless:\n\n(i) before then, you give me reasons, in writing, why the \\*parole order/\\*licence should not be revoked; and\n\n(ii) I accept those reasons.\n\nThis notice has been issued because\n\n\\* 1 failed to comply with \\*a condition/\\*conditions of the \\*parole order/\\*licence during the \\*parole period/\\*licence period.\n\n\\*there are reasonable grounds for suspecting that 1 has failed to comply with \\*a condition/\\*conditions of the \\*parole order/\\*licence during the \\*parole period/\\*licence period.\n\nDated 4.\n\n5\n\nAttorney‑General\n\n1 insert full name of person\n\n2 insert full name of Attorney‑General\n\n3 list details of each condition which has allegedly been breached\n\n4 insert date\n\n5 signature of Attorney‑General\n\n\\* omit if inapplicable","sortOrder":46},{"sectionNumber":"Form 4—Warrant for arrest where parole o","sectionType":"part","heading":"Form 4—Warrant for arrest where parole order or licence has been revoked","content":"## Form 4—Warrant for arrest where parole order or licence has been revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT FOR ARREST UNDER SUBSECTION 19AV(2)\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nI, 2, 3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 19AV(2) of that Act, authorise and request you to arrest 4 and bring that person, as soon as practicable, before a magistrate in the \\*State/\\*Territory in which that person is arrested to be dealt with according to law.\n\nThis warrant is issued because:\n\n(a) the \\*Attorney‑General/\\*Director of Public Prosecutions has applied under subsection 19AV(2) of the Crimes Act 1914 for the issue of this warrant; and\n\n(b) I am satisfied that the \\*parole order/\\*licence relating to 4 has been revoked under section 19AU of that Act.\n\nDated 5.\n\n6\n\n3\n\n1 insert State or Territory\n\n2 insert full name of prescribed authority\n\n3 insert designation of prescribed authority\n\n4 insert full name of person\n\n5 insert date\n\n6 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":47},{"sectionNumber":"Form 5—Warrant authorising detention whe","sectionType":"part","heading":"Form 5—Warrant authorising detention where parole order or licence has been revoked","content":"## Form 5—Warrant authorising detention where parole order or licence has been revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT UNDER SUBSECTION 19AW(1) AUTHORISING THE DETENTION OF A PERSON\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nAND to the officer in charge of 2 in 1:\n\nI, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:\n\n(a) under paragraph 19AW(1)(d) of that Act authorise those members in 1 to take 5 to 2 in 1 and deliver that person to the officer in charge of that prison, together with this warrant; and\n\n(b) under paragraph 19AW(1)(e) of that Act direct the officer in charge of 2 in 1 to detain 5 to undergo imprisonment for the \\*term/\\*terms of the \\*sentence/\\*sentences of imprisonment specified in the Schedule\\*./\\*; and\n\n\\*(c) under paragraph 19AW(1)(f) of that Act fix the non‑parole period in respect of the \\*sentence/\\*sentences at 6.\n\nThis warrant is issued because:\n\n(a) the Attorney‑General, under section 19AU of the Crimes Act 1914, has revoked the \\*parole order/\\*licence relating to 5; and\n\n\\*(b) I am satisfied that:\n\n(i) 5 is the person named in that revocation order; and\n\n(ii) 5 was notified by the Attorney‑General of the proposal to make the revocation order; and\n\n(iii) the revocation order is still in force.\n\nSCHEDULE\n\nDETAILS OF \\*SENTENCE/\\*SENTENCES TO BE SERVED\n\n7\n\nDated 8.\n\n9\n\n4\n\n1 insert State or Territory\n\n2 insert name of prison\n\n3 insert full name of prescribed authority\n\n4 insert designation of prescribed authority\n\n5 insert full name of person\n\n6 insert length of non‑parole period\n\n7 insert particulars of the unserved part of each outstanding sentence\n\n8 insert date\n\n9 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":48},{"sectionNumber":"Form 6—Warrant authorising the remand of","sectionType":"part","heading":"Form 6—Warrant authorising the remand of a person where parole order or licence has been revoked","content":"## Form 6—Warrant authorising the remand of a person where parole order or licence has been revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT UNDER SUBSECTION 19AW(2) AUTHORISING THE REMAND OF A PERSON\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nAND to the officer in charge of 2 in 1:\n\nI, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 19AW(2) of that Act:\n\n(a) authorise those members in 1 to take 5 to 2 in 1 and deliver that person to the officer in charge of that prison, together with this warrant; and\n\n(b) authorise the officer in charge of 2 in 1 to receive 5 into custody and keep that person until 6 when that officer is to have that person brought before this court at 7.\n\nThis warrant is issued because:\n\n(a) a hearing under subsection 19AW(1) of the Crimes Act 1914 is not completed; and\n\n(b) I am satisfied that it is necessary to remand 5 in custody.\n\nDated 8.\n\n9\n\n4\n\n1 insert State or Territory\n\n2 insert name of prison\n\n3 insert full name of prescribed authority\n\n4 insert designation of prescribed authority\n\n5 insert full name of person\n\n6 insert time and date\n\n7 insert address of court\n\n8 insert date\n\n9 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":49},{"sectionNumber":"Form 7—Order for the detention of a pers","sectionType":"part","heading":"Form 7—Order for the detention of a person where parole order or licence has been revoked","content":"## Form 7—Order for the detention of a person where parole order or licence has been revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nORDER UNDER PARAGRAPH 19AX(1)(b) FOR THE DETENTION OF A PERSON\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nAND to the officer in charge of 2 in 1:\n\nI, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 19AX(1)(b) of that Act:\n\n(a) authorise those members in 1 to take 5 to 2 in 1 and deliver that person to the officer in charge of that prison, together with this warrant; and\n\n(b) direct the officer in charge of 2 in 1 to receive 5 into custody and detain that person until:\n\n(i) the Attorney‑General orders that the revocation order under subsection 19AU(1) of that Act be rescinded; or\n\n(ii) the completion of proceedings under subsection 19AW(1) of that Act.\n\nThis warrant is issued because:\n\n(a) the Attorney‑General, under subsection 19AU(1) of the Crimes Act 1914, has revoked the \\*parole order/\\*licence relating to 5; and\n\n(b) I am satisfied that 5 is the person named in that revocation order; and\n\n(c) I am not satisfied that 5 was notified by the Attorney‑General of the proposal to make the revocation order.\n\nDated 6.\n\n7\n\n4\n\n1 insert State or Territory\n\n2 insert name of prison\n\n3 insert full name of prescribed authority\n\n4 insert designation of prescribed authority\n\n5 insert full name of person\n\n6 insert date\n\n7 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":50},{"sectionNumber":"Form 8—Notification of breach of conditi","sectionType":"part","heading":"Form 8—Notification of breach of conditions where parole order or licence has been revoked","content":"## Form 8—Notification of breach of conditions where parole order or licence has been revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nNOTIFICATION OF BREACH UNDER SUBSECTION 19AX(2)\n\nTO: 1, a person subject to a revocation order under subsection 19AU(1) of the Crimes Act 1914:\n\nI, 2, Attorney‑General of the Commonwealth of Australia, under subsection 19AX(2) of the Crimes Act 1914:\n\n\\*(a) notify you that you have not complied with the following \\*condition/\\*conditions of your \\*parole order/\\*licence:\n\n(i) 3;\n\n(ii) 3; and\n\n\\*(a) notify you that I have reasonable grounds to suspect that you have not complied with the following \\*condition/\\*conditions of your \\*parole order/\\*licence:\n\n(i) 3;\n\n(ii) 3; and\n\n(b) request that you give me, within 14 days after the date of this notice, reasons, in writing, why the \\*parole order/\\*licence should not have been revoked.\n\nI do not propose to rescind the revocation of the \\*parole order/\\*licence unless you give me reasons and I accept them.\n\nThis notice has been issued because:\n\n(a) I have been notified by 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, that 1 has been brought before that authority; and\n\n(b) 4 is not satisfied that 1 was notified by me under subsection 19AU(2) of that Act that I proposed to make the revocation order.\n\nDated 5.\n\n6\n\nAttorney‑General\n\n1 insert full name of person\n\n2 insert full name of Attorney‑General\n\n3 list details of each condition which has allegedly been breached\n\n4 insert full name and designation of prescribed authority\n\n5 insert date\n\n6 signature of Attorney‑General\n\n\\* omit if inapplicable","sortOrder":51},{"sectionNumber":"Form 9—Summons to appear","sectionType":"part","heading":"Form 9—Summons to appear","content":"## Form 9—Summons to appear\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nSUMMONS UNDER SUBSECTION 19AZ(2)\n\nTO: 1\n\nYou are summoned under subsection 19AZ(2) of the Crimes Act 1914 to appear before the 2 at 3 at 4 and to attend from day to day, unless you are excused or released from attendance, to give evidence \\*and/\\*to produce the following \\*documents/\\*and/\\*articles:\n\n5\n\n1.\n\n5.\n\n2.\n\nDated 6.\n\n7\n\n8\n\n> Note If you are served with a summons under subsection 19AZ(2) of the Crimes Act 1914 and then fail to attend as required by the summons without a reasonable excuse, you may have committed an offence and may be liable, on conviction, to a fine not exceeding 10 penalty units.\n\n1 insert name and address of witness\n\n2 insert name of court\n\n3 insert address of court\n\n4 insert time and date\n\n5 insert details of documents or articles\n\n6 insert date\n\n7 signature of prescribed authority\n\n8 designation of prescribed authority\n\n\\* omit if inapplicable","sortOrder":52},{"sectionNumber":"Form 10—Order and recognisance where dis","sectionType":"part","heading":"Form 10—Order and recognisance where discharge without conviction","content":"## Form 10—Order and recognisance where discharge without conviction\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nORDER AND RECOGNISANCE UNDER SECTION 19B\n\nIN THE 1\n\nAT 2\n\nIN THE \\*STATE OF 3\n\nBETWEEN:\n\n4(\\*Informant/\\*Appellant)\n\n‑and‑\n\n5(\\*Defendant/\\*Respondent)\n\nORDER\n\nTHE COURT DISCHARGES the \\*defendant/\\*appellant under section 19B of the Crimes Act 1914 without proceeding to conviction upon the \\*defendant/\\*appellant giving security \\*with \\*surety/\\*sureties of $ 6 by recognisance of $ 7 to comply with the following conditions:\n\n(a) that the \\*defendant/\\*appellant is to be of good behaviour for 8 \\*months/\\*years;\n\n\\*(b) that the \\*defendant/\\*appellant is to \\*make reparation/\\*make restitution/\\*pay compensation of $ 9 to 10 \\*by 11/ \\*by instalments of $ 12;\n\n\\*(c) that the \\*defendant/\\*appellant is to pay costs of this prosecution for the \\*offence/\\*offences specified below of $ 9 to 10 \\*by 11/ \\*by instalments of $ 12;\n\n\\*(d) that the \\*defendant/\\*appellant is to comply with the following further conditions:\n\n(i) 13;\n\n(ii) 13.\n\nThis Order has been issued because:\n\n\\*(a) the appellant, 14 of 15, appealed to this court against the \\*sentence/\\*conviction and sentence imposed by the 2 Magistrates’ Court on 16 in respect of the following federal \\*offence/\\*offences:\n\n(i) 17;\n\n(ii) 17; and\n\n\\*(a) the defendant, 14 of 15, was charged with the following federal \\*offence/\\*offences:\n\n(i) 17;\n\n(ii) 17; and\n\n(b) the court is satisfied that the \\*charge is/\\*charges are proved, but is of the opinion, having regard to:\n\n(i) the character, antecedents, age, health or mental condition of the person; or\n\n(ii) the extent to which the \\*offence is/\\*offences are of a trivial nature; or\n\n(iii) the extent to which the \\*offence was/\\*offences were committed under extenuating circumstances;\n\nthat \\*it is inexpedient to inflict \\*any punishment/\\*any punishment other than a nominal punishment./\\*it is expedient to release the \\*defendant/\\*appellant on probation.\n\nDated 16.\n\n18\n\n\\*Judge of 1/\\*Magistrate/\\*Registrar of 1/ \\*Clerk of 1/\\*Justice of the Peace\n\nRECOGNISANCE\n\nI, 14, the \\*defendant/\\*appellant:\n\n(a) have had explained to me:\n\n(i) the purpose and effect of this Order; and\n\n(ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and\n\n(iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and\n\n(b) agree that I am bound in accordance with this Order; and\n\n(c) agree that I have been given a copy of this Order.\n\nDated 16.\n\n19\n\nBefore me:\n\n20\n\n\\*Registrar of 1/\\*Clerk of 1 /\\*Justice of the Peace\n\nUNDERTAKING BY \\*SURETY/\\*SURETIES\n\nI undertake to pay to the Commonwealth of Australia the amount specified in this Order if the \\*defendant/\\*appellant fails to comply with a condition of this Order.\n\nI agree that I have been given a copy of this Order.\n\nFirst Surety: 21\n\nName: 22\n\nAddress: 23\n\nSecond Surety: 21\n\nName: 22\n\nAddress: 23\n\n1 insert name of court\n\n2 insert location of court\n\n3 insert State or Territory\n\n4 insert name of informant or appellant\n\n5 insert name of defendant or respondent\n\n6 insert amount of surety or sureties\n\n7 insert amount of recognisance\n\n8 insert period\n\n9 insert amount\n\n10 insert to whom amount is to be paid\n\n11 insert date by which amount must be paid\n\n12 insert details of instalments\n\n13 insert details of further conditions, including period\n\n14 insert name of defendant or appellant\n\n15 insert address of defendant or appellant\n\n16 insert date\n\n17 insert details of offences\n\n18 signature of judge, magistrate, registrar, clerk or justice of the peace\n\n19 insert signature of defendant or appellant\n\n20 signature of registrar, clerk or justice of the peace\n\n21 signature of surety\n\n22 insert full name of surety\n\n23 insert address of surety\n\n\\* omit if inapplicable","sortOrder":53},{"sectionNumber":"Form 11—Order and recognisance where rel","sectionType":"part","heading":"Form 11—Order and recognisance where release without passing sentence","content":"## Form 11—Order and recognisance where release without passing sentence\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(a)\n\nIN THE 1\n\nAT 2\n\nIN THE \\*STATE OF 3\n\nBETWEEN:\n\n4(\\*Informant/\\*Appellant)\n\n‑and‑\n\n5(\\*Defendant/\\*Respondent)\n\nORDER\n\nTHE COURT ORDERS the release of the \\*defendant/\\*appellant under paragraph 20(1)(a) of the Crimes Act 1914 without passing sentence on the \\*defendant/\\*appellant upon the \\*defendant/\\*appellant giving security \\*with \\*surety/\\*sureties of $ 6 by recognisance of $ 7 to comply with the following conditions:\n\n(a) that the \\*defendant/\\*appellant is to be of good behaviour for 8 \\*months/\\*years;\n\n\\*(b) that the \\*defendant/\\*appellant is to \\*make reparation/\\*make restitution/\\*pay compensation of $ 9 to 10 \\*by 11/\\*by instalments of $ 12;\n\n\\*(c) that the \\*defendant/\\*appellant is to pay costs of this prosecution for the \\*offence/\\*offences specified below of $ 9 to 10 \\*by 11/ \\*by instalments of $ 12;\n\n\\*(d) that the \\*defendant/\\*appellant is to pay to the Commonwealth a pecuniary penalty of $ 9 to 13 \\*by 11/\\*by instalments of $ 12;\n\n\\*(e) that the \\*defendant/\\*appellant is to comply with the following further conditions:\n\n(i) 14;\n\n(ii) 14.\n\nThis Order has been issued because:\n\n\\*(a) the appellant, 15 of 16, appealed to this court against the \\*sentence/\\*conviction and sentence imposed by the 2 Magistrates’ Court on 17 in respect of the following federal \\*offence/\\*offences:\n\n(i) 18;\n\n(ii) 18; and\n\n\\*(a) the defendant, 15 of 16, was charged with the following federal \\*offence/\\*offences:\n\n(i) 18;\n\n(ii) 18; and\n\n(b) the court has convicted the \\*defendant/\\*appellant of the \\*offence/\\*offences; and\n\n(c) the court has decided to release the \\*defendant/\\*appellant without passing sentence on the \\*defendant/\\*appellant if the \\*defendant/\\*appellant complies with the conditions of this Order.\n\nDated 17.\n\n19\n\n\\*Judge of 1/\\*Magistrate/\\*Registrar of 1/\n\n\\*Clerk of 1/\\*Justice of the Peace\n\nRECOGNISANCE\n\nI, 15, the \\*defendant/\\*appellant:\n\n(a) have had explained to me:\n\n(i) the purpose and effect of this Order; and\n\n(ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and\n\n(iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and\n\n(b) agree that I am bound in accordance with this Order; and\n\n(c) agree that I have been given a copy of this Order.\n\nDated 17.\n\n20\n\nBefore me:\n\n21\n\n\\*Registrar of 1/\\*Clerk of 1 /\\*Justice of the Peace\n\nUNDERTAKING BY \\*SURETY/\\*SURETIES\n\nI undertake to pay to the Commonwealth of Australia the amount specified in this Order if the \\*defendant/\\*appellant fails to comply with a condition of this Order.\n\nI agree that I have been given a copy of this Order.\n\nFirst Surety: 22\n\nName: 23\n\nAddress: 24\n\nSecond Surety: 22\n\nName: 23\n\nAddress: 24\n\n1 insert name of court\n\n2 insert location of court\n\n3 insert State or Territory\n\n4 insert name of informant or appellant\n\n5 insert name of defendant or respondent\n\n6 insert amount of surety or sureties\n\n7 insert amount of recognisance\n\n8 insert period\n\n9 insert amount\n\n10 insert to whom amount is to be paid\n\n11 insert date by which amount must be paid\n\n12 insert details of instalments\n\n13 insert to whom penalty is to be paid\n\n14 insert details of further conditions, including period\n\n15 insert name of defendant or appellant\n\n16 insert address of defendant or appellant\n\n17 insert date\n\n18 insert details of offences\n\n19 signature of judge, magistrate, registrar, clerk or justice of the peace\n\n20 insert signature of defendant or appellant\n\n21 signature of registrar, clerk or justice of the peace\n\n22 signature of surety\n\n23 insert full name of surety\n\n24 insert address of surety\n\n\\* omit if inapplicable","sortOrder":54},{"sectionNumber":"Form 12—Order and recognisance where sen","sectionType":"part","heading":"Form 12—Order and recognisance where sentenced","content":"## Form 12—Order and recognisance where sentenced\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(b)\n\nIN THE 1\n\nAT 2\n\nIN THE \\*STATE OF 3\n\nBETWEEN:\n\n4(\\*Informant/\\*Appellant)\n\n‑and‑\n\n5(\\*Defendant/\\*Respondent)\n\nORDER\n\nTHE COURT ORDERS the release of the \\*defendant/\\*appellant under paragraph 20(1)(b) of the Crimes Act 1914 \\*after serving 6 \\*month/\\*months of the term of imprisonment/\\*forthwith upon the \\*defendant/\\*appellant giving security \\*with \\*surety/\\*sureties of $ 7 by recognisance of $ 8 to comply with the following conditions:\n\n(a) that the \\*defendant/\\*appellant is to be of good behaviour for 9 \\*months/\\*years;\n\n\\*(b) that the \\*defendant/\\*appellant is to \\*make reparation/\\*make restitution/\\*pay compensation of $ 10 to 11 \\*by 12/\\*by instalments of $ 13;\n\n\\*(c) that the \\*defendant/\\*appellant is to pay costs of this prosecution for the \\*offence/\\*offences specified below of $ 10 to 11 by 12/ \\*by instalments of $ 13;\n\n\\*(d) that the \\*defendant/\\*appellant is to pay to the Commonwealth a pecuniary penalty of $ 10 to 14 \\*by 12/\\*by instalments of $ 13;\n\n\\*(e) that the \\*defendant/\\*appellant is to comply with the following further conditions:\n\n(i) 15;\n\n(ii) 15.\n\nThis Order has been issued because:\n\n\\*(a) the appellant, 16 of 17, appealed to this court against the \\*sentence/\\*conviction and sentence imposed by the 2 Magistrates’ Court on 18 in respect of the following federal \\*offence/\\*offences:\n\n(i) 19;\n\n(ii) 19; and\n\n\\*(a) the defendant, 16 of 17, was charged with the following federal \\*offence/\\*offences:\n\n(i) 19;\n\n(ii) 19; and\n\n(b) the Court has sentenced the \\*defendant/\\*appellant to a term of imprisonment; and\n\n(c) the Court has decided that the \\*defendant/\\*appellant be released \\*after serving 6 \\*month/\\*months of the sentence/\\*forthwith if the \\*defendant/\\*appellant complies with the conditions of this Order.\n\nDated 18.\n\n20\n\n\\*Judge of 1/\\*Magistrate/\\*Registrar of 1/ \\*Clerk of 1/\\*Justice of the Peace\n\nRECOGNISANCE\n\nI, 16, the \\*defendant/\\*appellant:\n\n(a) have had explained to me:\n\n(i) the purpose and effect of this Order; and\n\n(ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and\n\n(iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and\n\n(b) agree that I am bound in accordance with this Order; and\n\n(c) agree that I have been given a copy of this Order.\n\nDated 18.\n\n21\n\nBefore me:\n\n22\n\n\\*Registrar of 1/\\*Clerk of 1/ \\*Justice of the Peace\n\nUNDERTAKING BY \\*SURETY/\\*SURETIES\n\nI undertake to pay to the Commonwealth of Australia the amount specified in this Order if the \\*defendant/\\*appellant fails to comply with a condition of this Order.\n\nI agree that I have been given a copy of this Order.\n\nFirst Surety: 23\n\nName: 24\n\nAddress: 25\n\nSecond Surety: 23\n\nName: 24\n\nAddress: 25\n\n1 insert name of court\n\n2 insert location of court\n\n3 insert State or Territory\n\n4 insert name of informant or appellant\n\n5 insert name of defendant or respondent\n\n6 insert number of months\n\n7 insert amount of surety or sureties\n\n8 insert amount of recognisance\n\n9 insert period\n\n10 insert amount\n\n11 insert to whom amount is to be paid\n\n12 insert date by which amount must be paid\n\n13 insert details of instalments\n\n14 insert to whom penalty is to be paid\n\n15 insert details of further conditions, including period\n\n16 insert name of defendant or appellant\n\n17 insert address of defendant or appellant\n\n18 insert date\n\n19 insert details of offences\n\n20 signature of judge, magistrate, registrar, clerk or justice of the peace\n\n21 signature of defendant or appellant\n\n22 signature of registrar, clerk or justice of the peace\n\n23 signature of surety\n\n24 insert full name of surety\n\n25 insert address of surety\n\n\\* omit if inapplicable","sortOrder":55},{"sectionNumber":"Form 13—Warrant under paragraph 20BF(3)(","sectionType":"part","heading":"Form 13—Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked","content":"## Form 13—Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT FOR ARREST UNDER PARAGRAPH 20BF(3)(b)\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nI, 2, 3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 20BF(3)(b) of that Act, authorise and request you to arrest 4 and bring that person, as soon as practicable, before a magistrate in the \\*State/\\*Territory in which that person is arrested to be dealt with according to law.\n\nThis warrant is issued because:\n\n(a) the Attorney‑General, under section 20BE of the Crimes Act 1914, ordered that 4 be released from detention; and\n\n(b) the Attorney‑General, under subsection 20BF(1) of that Act, has revoked that release order.\n\nDated 5.\n\n6\n\n3\n\n1 insert State or Territory\n\n2 insert full name of prescribed authority\n\n3 insert designation of prescribed authority\n\n4 insert full name of person\n\n5 insert date\n\n6 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":56},{"sectionNumber":"Form 14—Warrant under subsection 20BF(5)","sectionType":"part","heading":"Form 14—Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked","content":"## Form 14—Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT UNDER SUBSECTION 20BF(5) AUTHORISING THE DETENTION OF A PERSON\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nAND to the officer in charge of 2 in 1:\n\nI, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:\n\n(a) under paragraph 20BF(5)(c) of that Act authorise those members in 1 to take 5 to 2 in 1 and deliver that person to the officer in charge of that \\*prison/\\*hospital, together with this warrant; and\n\n(b) under paragraph 20BF(5)(d) of that Act direct the officer in charge of 2 in 1 to detain 5 for the period of 6.\n\nThis warrant is issued because:\n\n(a) the Attorney‑General, under subsection 20BF(1) of the Crimes Act 1914, has revoked the release order relating to 5; and\n\n(b) I am satisfied that:\n\n(i) 5 is the person named in the instrument revoking the release order; and\n\n(ii) the release order has been revoked and the revocation is still in force.\n\nDated 7.\n\n8\n\n4\n\n1 insert State or Territory\n\n2 insert name of prison or hospital\n\n3 insert full name of prescribed authority\n\n4 insert designation of prescribed authority\n\n5 insert full name of person\n\n6 insert period\n\n7 insert date\n\n8 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":57},{"sectionNumber":"Form 15—Warrant under subsection 20BF(6)","sectionType":"part","heading":"Form 15—Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked","content":"## Form 15—Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT UNDER SUBSECTION 20BF(6) AUTHORISING THE REMAND OF A PERSON\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nAND to the officer in charge of 2 in 1:\n\nI, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 20BF(6) of that Act:\n\n(a) authorise those members in 1 to take 5 to 2 in 1 and deliver that person to the officer in charge of that \\*prison/\\*hospital, together with this warrant; and\n\n(b) authorise the officer in charge of 2 in 1 to receive 5 into custody and keep that person until 6 when that officer is to have that person brought before this court at 7.\n\nThis warrant is issued on the basis that:\n\n(a) 5 has been brought before me under subsection 20BF(4) of the Crimes Act 1914; and\n\n(b) I have not completed the hearing under subsection 20BF(5) of that Act.\n\nDated 8.\n\n9\n\n4\n\n1 insert State or Territory\n\n2 insert name of prison or hospital\n\n3 insert full name of prescribed authority\n\n4 insert designation of prescribed authority\n\n5 insert full name of person\n\n6 insert time and date\n\n7 insert address of court\n\n8 insert date\n\n9 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":58},{"sectionNumber":"Form 16—Warrant under paragraph 20BM(3)(","sectionType":"part","heading":"Form 16—Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked","content":"## Form 16—Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT FOR ARREST UNDER SUBSECTION 20BM(3)\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nI, 2, 3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 20BM(3)(b) of that Act, authorise and request you to arrest 4 and bring that person, as soon as practicable, before a magistrate in the \\*State/\\*Territory in which that person is arrested to be dealt with according to law.\n\nThis warrant is issued because:\n\n(a) the Attorney‑General under section \\*20BL/\\*20BT of the Crimes Act 1914, ordered that 4 be released from detention; and\n\n(b) the release order relating to 4 has been revoked.\n\nDated 5.\n\n6\n\n3\n\n1 insert State or Territory\n\n2 insert full name of prescribed authority\n\n3 insert designation of prescribed authority\n\n4 insert full name of person\n\n5 insert date\n\n6 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":59},{"sectionNumber":"Form 17—Warrant under subsection 20BM(5)","sectionType":"part","heading":"Form 17—Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked","content":"## Form 17—Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT UNDER SUBSECTION 20BM(5) AUTHORISING THE DETENTION OF A PERSON\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nAND to the officer in charge of 2 in 1:\n\nI, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:\n\n(a) under paragraph 20BM(5)(c) of that Act authorise those members in 1 to take 5 to 2 in 1 and deliver that person to the officer in charge of that \\*prison/\\*hospital, together with this warrant; and\n\n(b) under paragraph 20BM(5)(d) of that Act direct the officer in charge of 2 in 1 to receive 5 into custody and detain that person for the period of 6.\n\nThis warrant is issued because:\n\n(a) the Attorney‑General, under subsection 20BM(1) of the Crimes Act 1914, has revoked the release order relating to 5; and\n\n(b) I am satisfied that:\n\n(i) 5 is the person named in the instrument revoking the release order; and\n\n(ii) the release order has been revoked and the revocation is still in force.\n\nDated 7.\n\n8\n\n4\n\n1 insert State or Territory\n\n2 insert name of prison or hospital\n\n3 insert full name of prescribed authority\n\n4 insert designation of prescribed authority\n\n5 insert full name of person\n\n6 insert period\n\n7 insert date\n\n8 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":60},{"sectionNumber":"Form 18—Warrant under subsection 20BM(6)","sectionType":"part","heading":"Form 18—Warrant under subsection 20BM(6) of the Act authorising the remand of a person where release order revoked","content":"## Form 18—Warrant under subsection 20BM(6) of the Act authorising the remand of a person where release order revoked\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT UNDER SUBSECTION 20BM(6) AUTHORISING THE REMAND OF A PERSON\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nAND to the officer in charge of 2 in 1:\n\nI, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 20BM(6) of that Act:\n\n(a) authorise those members in 1 to take 5 to 2 in 1 and deliver that person to the officer in charge of that \\*prison/\\*hospital, together with this warrant; and\n\n(b) authorise the officer in charge of 2 in 1 to receive 5 into custody and keep that person until 6 when that officer is to have that person brought before this court at 7.\n\nThis warrant is issued on the basis that:\n\n(a) 5 has been brought before me under subsection 20BM(4) of the Crimes Act 1914; and\n\n(b) I have not completed the hearing under subsection 20BM(5) of that Act.\n\nDated 8.\n\n9\n\n4\n\n1 insert State or Territory\n\n2 insert name of prison or hospital\n\n3 insert full name of prescribed authority\n\n4 insert designation of prescribed authority\n\n5 insert full name of person\n\n6 insert time and date\n\n7 insert address of court\n\n8 insert date\n\n9 signature of prescribed authority\n\n\\* omit if inapplicable","sortOrder":61},{"sectionNumber":"Form 19—Summons in relation to breach of","sectionType":"part","heading":"Form 19—Summons in relation to breach of psychiatric probation order or program probation order","content":"## Form 19—Summons in relation to breach of psychiatric probation order or program probation order\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nSUMMONS UNDER PARAGRAPH 20BW(1)(a)\n\nIN THE 1\n\nAT 2\n\nIN THE \\*STATE OF 3\n\n4(Informant)\n\n‑and‑\n\n5(Defendant)\n\nTo: 6\n\nYou are summoned under paragraph 20BW(1)(a) of the Crimes Act 1914 to appear before the 7 at 8 at 9 to answer the information alleging the breach of the following \\*condition/\\*conditions of the order under section \\*20BV/\\*20BY of that Act:\n\n(a) 10;\n\n(b) 10;\n\nand to be further dealt with according to law.\n\nDated 11.\n\n12\n\n13\n\n1 insert name of court\n\n2 insert location of court\n\n3 insert State or Territory\n\n4 insert name of informant\n\n5 insert name of defendant\n\n6 insert name of person\n\n7 insert name of court\n\n8 insert address of court\n\n9 insert time and date\n\n10 list details of alleged breaches of conditions\n\n11 insert date\n\n12 signature of magistrate\n\n13 designation of magistrate\n\n\\* omit if inapplicable","sortOrder":62},{"sectionNumber":"Form 20—Warrant in relation to breach of","sectionType":"part","heading":"Form 20—Warrant in relation to breach of psychiatric probation order or program probation order","content":"## Form 20—Warrant in relation to breach of psychiatric probation order or program probation order\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT FOR ARREST UNDER PARAGRAPH 20BW(1)(b)\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nI, 2, 3, under \\*paragraph 20BW(1)(b) of the Crimes Act 1914:\n\n(a) authorise and request you to arrest 4 and bring that person, as soon as practicable, before this court; and\n\n(b) authorise you to detain 4 in custody until dealt with according to law.\n\nThis warrant is issued because:\n\n(a) an order under section \\*20BV/\\*20BY of the Crimes Act 1914 has been made in relation to 4; and\n\n(b) information has been laid on oath before me of the following \\*breach/\\*breaches of the conditions of the order without reasonable excuse:\n\n(i) 5;\n\n(ii) 5; and\n\n(c) I am of the opinion that proceedings against 4 by summons might not be effective.\n\nDated 6.\n\n7\n\n4\n\n1 insert State or Territory\n\n2 insert full name of magistrate\n\n3 insert designation of magistrate\n\n4 insert full name of person\n\n5 list details of alleged breaches of conditions\n\n6 insert date\n\n7 signature of magistrate\n\n\\* omit if inapplicable","sortOrder":63},{"sectionNumber":"Form 21—Warrant for arrest in relation t","sectionType":"part","heading":"Form 21—Warrant for arrest in relation to breach of psychiatric probation order or program probation order","content":"## Form 21—Warrant for arrest in relation to breach of psychiatric probation order or program probation order\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nWARRANT FOR ARREST UNDER SUBSECTION 20BW(2)\n\nTO: \\*all members and special members of the Australian Federal Police:/\\*all members of the police force of 1:\n\nI, 2, 3, under subsection 20BW(2) of the Crimes Act 1914:\n\n(a) authorise and request you to arrest 4 and bring that person, as soon as practicable, before this court; and\n\n(b) authorise you to detain 4 in custody until dealt with according to law.\n\nThis warrant is issued because 4\n\n\\* is a person who has been served with a summons issued under subsection 20BW(1) of the Crimes Act 1914 and who has failed to attend before the court as required by the summons.\n\n\\* is a person who has been admitted to bail under subsection 20BW(4) of the Crimes Act 1914 and who has failed to attend before the court as required by the conditions of the bail.\n\nDated 5.\n\n6\n\n3\n\n1 insert State or Territory\n\n2 insert full name of magistrate\n\n3 insert designation of magistrate\n\n4 insert full name of person\n\n5 insert date\n\n6 signature of magistrate\n\n\\* omit if inapplicable","sortOrder":64},{"sectionNumber":"Form 22—Certificate in relation to repar","sectionType":"part","heading":"Form 22—Certificate in relation to reparation for offences","content":"## Form 22—Certificate in relation to reparation for offences\n\nCommonwealth of Australia\n\nCrimes Act 1914\n\nCERTIFICATE UNDER SUBSECTION 21B(3)\n\nIN THE 1\n\nAT 2\n\nIN THE \\*STATE OF 3\n\nBETWEEN:\n\n4(Informant)\n\n‑and‑\n\n5(Defendant)\n\nI, 6, 7, hereby certify that on 8 the court ordered that 9 is to pay $ 10 to 11 by 12.\n\nDated 13.\n\n14\n\n7\n\n> Note You have been convicted of a federal offence under the Crimes Act 1914 or, under section 19B of that Act, you have been discharged without conviction. The court has also ordered you to make reparation to the Commonwealth, a public authority under the Commonwealth or another person by payment of an amount of money or otherwise. This payment is in addition to any fine or other penalty imposed by the court. The above certificate when filed in a court of civil jurisdiction is enforceable as a final judgment of the court in which it is filed.\n\n1 insert name of court\n\n2 insert location of court\n\n3 insert State or Territory\n\n4 insert name of informant\n\n5 insert name of defendant\n\n6 insert full name of clerk or appropriate officer\n\n7 insert designation of officer\n\n8 insert date of order\n\n9 insert name of defendant\n\n10 insert amount\n\n11 insert to whom amount is to be paid\n\n12 insert date by which amount is to be paid\n\n13 insert date\n\n14 signature of clerk or appropriate officer\n\n\\* omit if inapplicable","sortOrder":65}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":684},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose as a machinery regulation supporting the Crimes Act 1914. While it has been updated to include modern schemes (NDIS worker screening, AusCheck, MNE accreditation), these are natural extensions of existing frameworks rather than scope creep."},"complexity_factors":["Extensive cross-referencing to State/Territory legislation (8 jurisdictions, multiple laws each)","22 prescribed and optional forms with detailed completion instructions","Multiple nested definitions (e.g., 'forensic scientist', 'designated offence', 'controlled operation')","Complex transitional provisions preserving old regulations for pre-commencement operations","Detailed tables mapping persons, purposes, and offences for spent conviction exclusions (Schedule 2)","Dual authority sources (Crimes Act 1914 and Crimes Legislation Amendment (Serious and Organised Crime) Act 2010)","Conditional logic in indemnification requirements (notify, authorise, settle only with approval)","Specific anatomical descriptions for forensic procedures with different authorised persons for each"],"plain_english_summary":"This is the **Crimes Regulations 2019**, a detailed set of rules made under the *Crimes Act 1914* that fills in the practical details for how federal criminal law operates in Australia.\n\n**What it does:**\n\n- **Sets up forms and procedures** for courts and law enforcement — including warrants for arrest, parole revocation notices, and orders for taking additional offences into account during sentencing (Forms 1–22 in Schedule 1).\n\n- **Defines who can do what in undercover operations** — specifying which State and Territory laws count as \"corresponding\" controlled operations, assumed identity, and witness protection laws, so police can work across borders. It also sets strict rules for when the Commonwealth will indemnify (legally protect) undercover operatives and informants against civil liability.\n\n- **Sets rules for forensic procedures** — detailing exactly who (forensic scientists, technicians, doctors, or police) can perform specific procedures like taking blood samples, DNA swabs, or photographing wounds.\n\n- **Governs spent convictions** — specifying when old convictions must still be disclosed, particularly for people working with children, people with disabilities, or in sensitive roles (aviation security, maritime security, casinos, defence, ASIC, etc.).\n\n- **Deals with sentencing and release** — prescribing which State and Territory home detention and pre-release schemes apply to federal prisoners, and who can access DNA databases.\n\n- **Protects vulnerable witnesses** — allowing foreign police officers to conduct video-recorded interviews of vulnerable people.\n\n**Who it affects:**\n\n- Federal prisoners, parolees, and people on release orders\n- Police and undercover operatives\n- Forensic officers and medical practitioners\n- People applying for working-with-children or NDIS worker checks\n- Anyone with a spent conviction applying for sensitive employment\n\n**Why it matters:**\n\nThis regulation is the operational backbone of federal criminal justice — without it, the *Crimes Act 1914* couldn't function day-to-day. It ensures national consistency while respecting State systems, protects undercover officers, safeguards vulnerable people, and balances rehabilitation (spent convictions) against public safety (disclosure exceptions)."},"summary":{"name":"Crimes Regulations 2019","slug":"crimes-regulations-2019","title_id":"F2019L01005","version_id":99609,"analysis_type":"summary","content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"Legislative instrument (not an Act). 11 Parts with approximately 25 substantive sections plus prescribed forms. Source text is duplicated approximately 6 times in the database but unique content is the single instrument of approximately 98k chars."},"complexity_factors":["Primarily a machinery instrument prescribing forms and identifying corresponding State laws","Interaction with multiple Acts and State equivalents for controlled operations and identity protection"],"plain_english_summary":"The Crimes Regulations 2019 is the principal legislative instrument made under the Crimes Act 1914 (Cth), consolidating and replacing the former Crimes Regulations 1990. It prescribes the administrative detail necessary to implement the Crimes Act's operational provisions across law enforcement, witness protection, sentencing, and criminal records.\n\nThe Regulations consist of 11 Parts: Part 1 (preliminary definitions), Part 1A (costs payable to the Official Trustee for administering property under the Crimes Act), Part 2 (forms prescribed for various Act provisions), Part 3 (corresponding State controlled operations laws for recognising interstate covert law enforcement), Part 4 (corresponding assumed identity laws for cross-jurisdictional identity operations), Part 5 (witness identity protection laws in each State and Territory), Part 6 (persons who may conduct video-recorded interviews with vulnerable persons), Part 7 (State and Territory pre-release permit schemes that apply to federal offenders), Part 8 (forensic procedures and the qualifications required to conduct each type), Part 9 (exclusions from spent conviction provisions relating to work with children), Part 10 (miscellaneous provisions including ACC delegates), and Part 11 (transitional provisions).\n\nThe primary practical functions of the Regulations are: prescribing the forms required across the Crimes Act (preventing them from being hardcoded into primary legislation); identifying which State and Territory laws are 'corresponding laws' for cooperative law enforcement (controlled operations, assumed identities, witness identity protection); specifying who can conduct forensic procedures; and managing spent conviction exemptions for child-related work.\n\nThe Regulations replaced the 1990 predecessor instrument without substantive policy changes, with transitional provisions preserving things done under the old Regulations."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This regulation consolidates and re-makes the earlier Crimes Regulations 1990 without expanding the original scope. It updates references to current laws and adds new provisions for NDIS worker screening and other minor matters, but the overall purpose remains unchanged: to provide the administrative and procedural detail for the Crimes Act 1914."},"complexity_factors":["Extensive cross-referencing to the Crimes Act 1914 and numerous other Acts and regulations","Over 30 defined terms, many drawing on definitions from other legislation","Multiple tables listing corresponding state/territory laws for controlled operations, assumed identities, etc.","Nested conditions in indemnification requirements (regs 8 and 10)","Forensic procedures table with 14 items and multiple sub-options for each","Spent convictions exclusions table with 24 items spanning various purposes and offences","Transitional provisions dealing with two different amendment Acts"],"plain_english_summary":"The Crimes Regulations 2019 is a set of rules that supports the main Crimes Act 1914. It contains the practical details needed to apply the Act, such as the official forms to use, the conditions under which police can conduct controlled operations (e.g., undercover drug busts), the requirements for officers to use fake identities, and the rules for protecting the identity of police witnesses in court. It also prescribes which state and territory laws count as equivalent to these Commonwealth powers, and sets out how federal offenders are sentenced, released, and supervised, including home detention options. Additionally, it specifies who can collect forensic samples (like DNA) and how spent convictions (old offences that are no longer on a person’s record) can still be considered for certain jobs, such as working with children or in national security. Finally, it includes transitional rules to smooth the changeover from earlier regulations."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-regulations-2019","history":"/api/acts/crimes-regulations-2019/history","analysis":"/api/acts/crimes-regulations-2019/analysis","conflicts":"/api/acts/crimes-regulations-2019/conflicts","importantCases":"/api/acts/crimes-regulations-2019/important-cases","documents":"/api/acts/crimes-regulations-2019/documents"}}