{"id":"criminal-investigation-covert-powers-regulations-2013","name":"Criminal Investigation (Covert Powers) Regulations 2013","slug":"criminal-investigation-covert-powers-regulations-2013","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174433,"registerId":"wa-criminal-investigation-covert-powers-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Investigation (Covert Powers) Regulations 2013","content":"![Crest]()Western Australia\n\nCriminal Investigation (Covert Powers) Act 2012\n\nCriminal Investigation (Covert Powers) Regulations 2013\n\nWestern Australia\n\nCriminal Investigation (Covert Powers) Regulations 2013\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Fisheries officers who are law enforcement officers (Act, s. 3) 1\n\n4. Corresponding laws (Act, s. 5, 44 and 80) 1\n\n5. Relevant offences (Act. s. 5) 3\n\n6. Senior officers (Act, s. 43(1), 79(1) and 105(1)) 4\n\n7. Fisheries officers who are supervisors (Act, s. 48(4)(c)) 4\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nCriminal Investigation (Covert Powers) Act 2012\n\nCriminal Investigation (Covert Powers) Regulations 2013\n\n##### 1. Citation\n\n\t\tThese regulations are the *Criminal Investigation (Covert Powers) Regulations 2013*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on 1 March 2013.\n\n##### 3. Fisheries officers who are law enforcement officers (Act, s. 3)\n\nFor the purposes of the definition of ***law enforcement officer*** paragraph (d) in section 3 of the Act, a fisheries officer employed in the fisheries department’s Serious Offences Unit holds a prescribed office.\n\n##### 4. Corresponding laws (Act, s. 5, 44 and 80)\n\n(1) For the purposes of the definition of ***corresponding law*** in section 5 of the Act, each of these is a prescribed law —\n\n(a) the *Crimes Act 1914* (Commonwealth) Part IAB;\n\n(b) the *Law Enforcement (Controlled Operations) Act 1997* (New South Wales);\n\n(c) the *Crimes (Controlled Operations) Act 2004* (Victoria);\n\n(d) the *Police Powers and Responsibilities Act 2000* (Queensland) Chapter 11;\n\n(e) the *Criminal Investigation (Covert Operations) Act 2009* (South Australia) Part 2;\n\n(f) the *Police Powers (Controlled Operations) Act 2006* (Tasmania);\n\n(g) the *Crimes (Controlled Operations) Act 2008* (Australian Capital Territory);\n\n(h) the *Police (Special Investigative and Other Powers) Act* (Northern Territory) Part 2.\n\n(2) For the purposes of the definition of ***corresponding law*** in section 44 of the Act, each of these is a prescribed law —\n\n(a) the *Crimes Act 1914* (Commonwealth) Part IAC;\n\n(b) the *Law Enforcement and National Security (Assumed Identities) Act 2010* (New South Wales);\n\n(c) the *Crimes (Assumed Identities) Act 2004* (Victoria);\n\n(d) the *Police Powers and Responsibilities Act 2000* (Queensland) Chapter 12;\n\n(e) the *Criminal Investigation (Covert Operations) Act 2009* (South Australia) Part 3;\n\n(f) the *Police Powers (Assumed Identities) Act 2006* (Tasmania);\n\n(g) the *Crimes (Assumed Identities) Act 2009* (Australian Capital Territory);\n\n(h) the *Police (Special Investigative and Other Powers) Act* (Northern Territory) Part 3.\n\n(3) For the purposes of the definition of ***corresponding law*** in section 80 of the Act, each of these is a prescribed law —\n\n(a) the *Crimes Act 1914* (Commonwealth) Part IACA;\n\n(b) the *Evidence (Miscellaneous Provisions) Act 1958* (Victoria) Part IIAA;\n\n(c) the *Evidence Act 1977* (Queensland) Part 2 Division 5;\n\n(d) the *Criminal Investigation (Covert Operations) Act 2009* (South Australia) Part 4;\n\n(e) the *Witness (Identity Protection) Act 2006* (Tasmania) Part 2;\n\n(f) the *Crimes (Protection of Witness Identity) Act 2011* (Australian Capital Territory);\n\n(g) the *Police (Special Investigative and Other Powers) Act* (Northern Territory) Part 4.\n\n[Regulation 4 amended: Gazette 12 Jul 2016 p. 2863.]\n\n##### 5. Relevant offences (Act. s. 5)\n\n(1) For the purposes of the definition of ***relevant offence*** in section 5 of the Act, an offence under any of these provisions is a prescribed offence —\n\n(a) the *Classification (Publications, Films and Computer Games) Enforcement Act 1996* sections 59, 61, 62, 65D(1) and (2) and 88;\n\n(b) *The Criminal Code* sections 69, 191, 206, 338E(2), 436, 440A(3)(c), 557E and 557J;\n\n(c) the *Fish Resources Management Act 1994* sections 51, 74, 77, 96, 155(2), 173 and 199;\n\n(d) the *Fish Resources Management Regulations 1995* regulation 64(7);\n\n(e) the *Misuse of Drugs Act 1981* section 5(1)(e);\n\n(f) the *Prostitution Act 2000* sections 5, 6, 9, 15, 20 and 21.\n\n(2) Subregulation (1)(c) does not apply to an offence under the *Fish Resources Management Act 1994* section 74, 77 or 155(2) to the extent that the offence is punishable by imprisonment for 3 years or more.\n\n(3) Subregulation (1)(f) does not apply to an offence under the *Prostitution Act 2000* section 5 or 6 to the extent that the offence is punishable by imprisonment for 3 years or more.\n\n[Regulation 5 amended: Gazette 19 Aug 2014 p. 2995.]\n\n##### 6. Senior officers (Act, s. 43(1), 79(1) and 105(1))\n\n(1) For the purposes of the definition of ***senior officer*** paragraph (b)(ii) in sections 43(1), 79(1) and 105(1) of the Act, the person performing functions as the Western Australian state manager (however described) of the Australian Crime Commission holds a prescribed office in that Commission.\n\n(2) For the purposes of the definition of ***senior officer*** paragraph (c) in sections 43(1), 79(1) and 105(1) of the Act, the fisheries officer employed in the fisheries department as the Executive Director responsible for compliance holds a prescribed office in that department.\n\n[Regulation 6 amended: Gazette 17 Aug 2018 p. 2901.]\n\n##### 7. Fisheries officers who are supervisors (Act, s. 48(4)(c))\n\nFor the purposes of section 48(4)(c) of the Act, a fisheries officer employed in the fisheries department’s Serious Offences Unit at or above the level of Supervising Fisheries and Marine Officer holds a prescribed office in that department.\n\nNotes\n\n1 This is a compilation of the *Criminal Investigation (Covert Powers) Regulations 2013* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Criminal Investigation (Covert Powers) Regulations 2013* | 25 Jan 2013 p. 278‑80 | r. 1 and 2: 25 Jan 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Mar 2013 (see r. 2(b)) |\n| *Criminal Investigation (Covert Powers) Amendment Regulations 2014* | 19 Aug 2014 p. 2995 | r. 1 and 2: 19 Aug 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 20 Aug 2014 (see r. 2(b)) |\n| *Criminal Investigation (Covert Powers) Amendment Regulations 2016* | 12 Jul 2016 p. 2862‑3 | r. 1 and 2: 12 Jul 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 13 Jul 2016 (see r. 2(b)) |\n| *Criminal Investigation (Covert Powers) Amendment Regulations 2018* | 17 Aug 2018 p. 2900‑1 | r. 1 and 2: 17 Aug 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Aug 2018 (see r. 2(b)) |\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have been amended since initial gazettal, altering which offences, corresponding laws and offices are prescribed. Notable changes recorded in the compilation table and footnotes: Regulation 5 was amended (Gazette 19 Aug 2014 p. 2995) to modify the list of relevant offences and to add exclusions where certain Fish Resources Management and Prostitution Act offences attract imprisonment of 3 years or more; Regulation 4 was amended (Gazette 12 Jul 2016 p. 2863) updating corresponding laws; Regulation 6 was amended (Gazette 17 Aug 2018 p. 2901) to prescribe additional senior officer offices. Those amendments changed the practical scope of who and which offences/laws are captured by the Act’s covert‑powers rules."},"complexity_factors":["Heavy cross‑referencing to the principal Act (definitions such as 'law enforcement officer', 'corresponding law', 'relevant offence', 'senior officer') creates interdependence between instruments (Regulations vs Act).","Lists many external statutes across Commonwealth and state/territory jurisdictions, requiring users to consult multiple other laws to understand coverage (Regulation 4 and its three sublists).","Prescriptive lists of offences and offices (Regulations 3, 5, 6, 7) produce a binary inclusion/exclusion regime that can be changed only by amendment, increasing legal-technical sensitivity to small drafting changes.","Conditional carve‑outs based on penalty thresholds (Regulation 5(2)–(3): exclusions to the extent offences are punishable by imprisonment for 3 years or more) add interpretive complexity when assessing applicability.","Amendment history (2014, 2016, 2018) indicates scope has shifted over time; users must track versions and Gazette notices to know current effect.","Commencement is staged (Regs 1–2 immediate; remainder on a later date), requiring attention to temporal application (Regulation 2)."],"plain_english_summary":"These regulations tell agencies which people, offences and external laws count under the Criminal Investigation (Covert Powers) Act. They name specific fisheries officers and an Australian Crime Commission state manager as prescribed offices, list interstate and Commonwealth statutes treated as ‘corresponding laws’, and enumerate local offences that are ‘relevant offences’. That matters because those designations determine who may be authorised to carry out or be subject to covert investigative powers and which crimes can be investigated using those powers."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrievable. The page returned a system error indicating the URL is no longer valid following a website migration."},"complexity_factors":["No legislative text was provided — only a website error message","Complexity cannot be meaningfully assessed without actual content","Score of 1 reflects the absence of any analysable legal material, not the likely complexity of the actual instrument"],"plain_english_summary":"**No legislative content is available for analysis.**\n\nThe page that was supposed to contain the *Criminal Investigation (Covert Powers) Regulations 2013* (a Western Australian law) is no longer accessible on the official website. The content has not loaded — only a system error message and an Acknowledgement of Country are present.\n\n**What we can infer from the title alone:**\nThis would likely be regulations (detailed rules that sit underneath a main Act of Parliament) governing how law enforcement agencies in Western Australia are permitted to use **covert (secret) investigative powers** — things like undercover operations, surveillance, or assumed identities. These kinds of laws typically affect police officers and other investigators, as well as members of the public who may be subject to covert investigation.\n\n**To find this legislation**, visit the Western Australian Parliament website or the Parliamentary Counsel's Office and search directly for *Criminal Investigation (Covert Powers) Regulations 2013*."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising the parent Act by filling specific definitional gaps (who is a law enforcement officer, what are corresponding laws, which offences qualify, who are senior officers/supervisors). There is no scope creep; the amendments shown in the compilation table merely update specific appointments and offence lists without expanding the regulatory scheme beyond its original intent."},"complexity_factors":["Short document (7 substantive regulations plus notes)","Minimal defined terms (relies on definitions in parent Act)","Simple structure: each regulation addresses one specific definitional gap in the parent Act","No nested conditional logic or exceptions to exceptions","Straightforward lists of corresponding laws and prescribed offences","Only two minor limiting conditions in regulation 5(2) and 5(3) regarding imprisonment thresholds","No cross-references beyond pointing to specific sections of the parent Act and external statutes"],"plain_english_summary":"These regulations support Western Australia's main law on secret police operations (the Criminal Investigation (Covert Powers) Act 2012). They fill in specific details that the main Act left blank.\n\n**What they do:**\n\n* **Expand who counts as a 'law enforcement officer'** — Specifically, fisheries officers working in the Serious Offences Unit can now use covert powers (like undercover operations). This lets them investigate serious fish poaching and marine crimes using the same secret techniques as police.\n\n* **List matching laws from other states** — The regulations name specific laws from every other Australian jurisdiction (Commonwealth, NSW, Victoria, Queensland, SA, Tasmania, ACT, NT) that correspond to WA's three types of covert operations: controlled operations, assumed identities, and witness identity protection. This ensures undercover officers can work across state borders legally.\n\n* **Define which crimes qualify for covert investigation** — The regulations list specific offences from six different WA laws that are serious enough to justify secret surveillance. These include drug crimes, child exploitation material, serious fisheries offences, and certain prostitution-related crimes. However, some fisheries and prostitution offences are excluded if they carry penalties of 3+ years imprisonment (these are handled differently).\n\n* **Name senior officers who can approve operations** — The WA state manager of the Australian Crime Commission and the Executive Director of Fisheries Compliance are designated as senior officers with power to authorise covert activities.\n\n* **Identify who can supervise covert operations** — Senior fisheries officers (Supervising Fisheries and Marine Officer level and above) in the Serious Offences Unit can supervise these secret operations.\n\n**Who it affects:**\n\n* WA Police and the Australian Crime Commission\n* Fisheries officers investigating serious marine crimes\n* People under investigation for serious offences (their privacy may be intruded upon legally)\n* Other Australian law enforcement agencies working with WA on cross-border operations\n\n**Why it matters:**\n\nThese regulations are the 'nuts and bolts' that make the main Act work. Without them, fisheries officers couldn't use undercover tactics, and WA couldn't cooperate properly with interstate undercover operations. The regulations balance giving law enforcement powerful tools against serious crime while limiting those powers to specific offences and requiring senior approval."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-investigation-covert-powers-regulations-2013","history":"/api/acts/criminal-investigation-covert-powers-regulations-2013/history","analysis":"/api/acts/criminal-investigation-covert-powers-regulations-2013/analysis","conflicts":"/api/acts/criminal-investigation-covert-powers-regulations-2013/conflicts","importantCases":"/api/acts/criminal-investigation-covert-powers-regulations-2013/important-cases","documents":"/api/acts/criminal-investigation-covert-powers-regulations-2013/documents"}}