{"id":"tas:sr-2023-081","name":"Criminal Investigation (Extra-Territorial Offences) Regulations 2023","slug":"criminal-investigation-extra-territorial-offences-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"81 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179430,"registerId":"tas-tas:sr-2023-081-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Criminal Investigation (Extra-Territorial Offences) Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-081) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 18 December 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Criminal Investigation (Extra-Territorial Offences) Act 1987](/view/html/inforce/2026-04-12/act-1987-011) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of police officer","content":"### 4 Application of police officer\n\n> An application of a police officer under [section 4](/view/html/inforce/2026-04-12/act-1987-011#GS4@EN) of the Act is to be in accordance with [Schedule 1](#JS1@EN) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Search warrant","content":"### 5 Search warrant\n\n> A search warrant issued by a magistrate under [section 4](/view/html/inforce/2026-04-12/act-1987-011#GS4@EN) of the Act is to be in accordance with [Schedule 2](#JS2@EN) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Notice of execution of search warrant","content":"### 6 Notice of execution of search warrant\n\n> A notice prepared by a police officer under [section 5(6)(a)](/view/html/inforce/2026-04-12/act-1987-011#GS5@Gs6@Hpa@EN) of the Act is to be in accordance with [Schedule 3](#JS3@EN) .","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Application of po","sectionType":"part","heading":"SCHEDULE 1 - Application of police officer","content":"# SCHEDULE 1 - Application of po SCHEDULE 1 - Application of police officer\n\n[Regulation 4](#GS4@EN)","sortOrder":6},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[![graphic image](/image/CI(Extra-Terr) F1.gif)](/image/CI\\(Extra-Terr\\) F1.gif)","sortOrder":7},{"sectionNumber":"SCHEDULE 2 - Search warrant","sectionType":"part","heading":"SCHEDULE 2 - Search warrant","content":"# SCHEDULE 2 - Search warrant SCHEDULE 2 - Search warrant\n\n[Regulation 5](#GS5@EN)","sortOrder":8},{"sectionNumber":"Form 2","sectionType":"division","heading":"Form 2","content":"## Form 2 Form 2\n\n[![graphic image](/image/CI(Extra-Terr) F2.gif)](/image/CI\\(Extra-Terr\\) F2.gif)","sortOrder":9},{"sectionNumber":"SCHEDULE 3 - Notice of Executi","sectionType":"part","heading":"SCHEDULE 3 - Notice of Execution of Search Warrant","content":"# SCHEDULE 3 - Notice of Executi SCHEDULE 3 - Notice of Execution of Search Warrant\n\n[Regulation 6](#GS6@EN)","sortOrder":10},{"sectionNumber":"Form 3","sectionType":"division","heading":"Form 3","content":"## Form 3 Form 3\n\n[![graphic image](/image/CI(Extra-Terr) F3.gif)](/image/CI\\(Extra-Terr\\) F3.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 November 2023\n\nThese regulations are administered in the Department of Justice.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow purpose. It was always intended to be a procedural instrument providing the specific documentation required by the 1987 parent Act. The scope has not expanded beyond administrative form-setting."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","No conditional logic or exceptions — just direct references to schedules","Three simple procedural regulations (sections 4-6) that point to forms","Content is primarily template/forms-based rather than substantive legal rules","No cross-references beyond pointing to the parent Act and internal schedules","Extremely short — essentially a 'forms regulation' that operationalises the parent Act"],"plain_english_summary":"This legislation sets out the **paperwork and forms** that Australian police must use when investigating crimes that happened outside Australia.\n\n**What it does:**\n- Provides three specific forms for police to use when:\n  - **Applying** for permission to investigate an overseas crime (Schedule 1)\n  - **Getting a search warrant** from a magistrate for evidence related to overseas crimes (Schedule 2)  \n  - **Notifying people** after a search has been carried out (Schedule 3)\n\n**Who it affects:**\n- **Police officers** investigating crimes with international elements\n- **Magistrates** who issue search warrants for these investigations\n- **People being investigated** or whose property is searched (they receive the notices)\n\n**Why it matters:**\nWhen Australians commit crimes overseas, or when foreign crimes affect Australian interests, police need special procedures to gather evidence. This law ensures there's a consistent, legal paper trail for these sensitive cross-border investigations. Without these forms, evidence might not be admissible in court.\n\n**Key point:** This is purely administrative — it doesn't create new crimes or police powers. It just makes sure the existing powers under the 1987 Criminal Investigation (Extra-Territorial Offences) Act are exercised using the correct documentation."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations do not change the substantive scope of the underlying Act. They prescribe the procedural form and format for police applications, magistrates' search warrants and notices of execution (Regs 4–6 and Schedules 1–3) and set the commencement date (Reg 2), rather than altering who may be investigated or the legal powers available under the Act."},"complexity_factors":["Narrow procedural focus: regulations only prescribe forms and a commencement date (Regs 2, 4–6 and Schedules 1–3).","Cross-reference dependency: operational effect depends on the Criminal Investigation (Extra‑Territorial Offences) Act 1987 (definition of 'Act' in Reg 3 and references in Regs 4–6).","Mandatory formatting: use of specific schedules (graphic form images) creates an implementation requirement for police and magistrates.","Low substantive change: no new offences, penalties or expanded powers are created—administrative compliance is the primary burden.","Potential practical friction: reliance on embedded image forms may affect digitisation or systems integration for police recordkeeping."],"plain_english_summary":"These regulations set a commencement date and require police officers and magistrates to use specific, prescribed forms when exercising extra‑territorial criminal investigation powers under the Criminal Investigation (Extra‑Territorial Offences) Act 1987. They affect police who apply for warrants, magistrates who issue warrants, and officers who must give notice when executing a warrant, by standardising application, warrant and notice paperwork (Schedules 1–3). This matters for compliance, record‑keeping and how those investigatory steps are documented."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence of scope change from the original intent. The regulations appear to have been enacted as intended and have not been amended since commencement on 18 December 2023. However, the absence of substantive content in the provided document means this assessment is based solely on administrative information."},"complexity_factors":["Cross-jurisdictional legal concepts (extra-territorial jurisdiction) require understanding of how Australian federalism works","Regulations are subordinate legislation — readers must also understand and locate the parent Act to get full context","The provided document contains only administrative/status metadata, not the substantive regulatory content, making full analysis impossible","Extra-territorial criminal jurisdiction is a niche area of law that intersects state, federal, and potentially international law","Limited public familiarity with how police powers differ across jurisdictions"],"plain_english_summary":"These regulations set out the procedural rules Tasmanian police follow when investigating extra‑territorial offences — crimes committed outside Tasmania but subject to Tasmanian jurisdiction. They affect police, suspects who fall under Tasmania’s reach, and victims of cross‑border crimes. The provided document contains only status/administrative details (not the substantive rules), and the instrument commenced on 18 December 2023."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version / Authorisation","severity":"high","reasoning":"A statutory instrument that contains zero operative provisions — no definitions, no prescribed matters, no offences, no procedures — cannot discharge any regulatory function. If the enabling Act (Criminal Investigation (Extra-Territorial Offences) Act) delegates regulation-making power, an instrument with no operative content is a legal nullity in practical terms, yet it is held out as current and in force. It is logically impossible for a blank instrument to regulate anything, making compliance with it simultaneously trivially easy (there is nothing to comply with) and meaningless (no legal effect is achieved).","confidence":0.82,"description":"The instrument bears a 'File last modified' date of 29 November 2023, yet the version is stated to be 'current from 18 December 2023 to date'. The authorisation predates the commencement by approximately 19 days, which is administratively curious but not impossible; however, the document accessible as at 5 April 2026 contains no substantive regulatory provisions whatsoever."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The Table of Amending Instruments is referenced via a hyperlink but not reproduced. A document asserting it is current 'to date' while simultaneously acknowledging the existence of a Table of Amendments creates a minor logical tension: if amendments exist, the version presented may not accurately reflect the current state of the law, undermining the currency assertion. This is a structural self-undermining claim rather than a strict legal contradiction.","confidence":0.55,"description":"The access timestamp is recorded as 5 April 2026, yet the document was produced under a 2023 instrument. The currency statement 'current from 18 December 2023 to date' implies continuous currency over more than two years with no amending instruments visible in the body of the document, despite a Table of Amendments being referenced."},{"type":"retroactive_impossibility","section":"Status Information - File last modified 29 November 2023 / Version current from 18 December 2023","severity":"low","reasoning":"While it is common for instruments to be drafted before commencement, the 'last modified' metadata timestamp being prior to commencement means any changes made between lodgement and gazette notification on or after 18 December 2023 would not be captured. If the file was never modified after commencement, it logically cannot reflect any corrections made during that 19-day gap.","confidence":0.5,"description":"The file is stated to have been last modified on 29 November 2023, but the version does not take effect until 18 December 2023. This means the authoritative file predates its own commencement by 19 days and was not modified after commencement, raising questions about whether any post-commencement corrections or gazette notifications are reflected."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'File last modified 29 November 2023'","section_b":"Status Information - 'Version current from 18 December 2023 to date'","confidence":0.58,"description":"The file modification date (29 November 2023) contradicts the commencement date (18 December 2023). A file that has not been modified since 29 November 2023 cannot, on its face, authoritatively record a version that commences on 18 December 2023, as the commencement event post-dates the last recorded modification of the document."},{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Table of Amending Instruments - '(click to view Table of Amendments)'","confidence":0.5,"description":"The site asserts it is kept current within 3 working days of legislative change, yet the Table of Amending Instruments is not reproduced inline but only accessible via an external hyperlink. If amendments have been made (as the Table's existence implies), the reader cannot verify from the face of this document whether those amendments are incorporated, directly contradicting the assurance of currency."}]}},"importantCases":[],"_links":{"self":"/api/acts/criminal-investigation-extra-territorial-offences-regulations-2023","history":"/api/acts/criminal-investigation-extra-territorial-offences-regulations-2023/history","analysis":"/api/acts/criminal-investigation-extra-territorial-offences-regulations-2023/analysis","conflicts":"/api/acts/criminal-investigation-extra-territorial-offences-regulations-2023/conflicts","importantCases":"/api/acts/criminal-investigation-extra-territorial-offences-regulations-2023/important-cases","documents":"/api/acts/criminal-investigation-extra-territorial-offences-regulations-2023/documents"}}