1
Name of Regulations
1 Name of Regulations
These Regulations are the Australian Crime Commission Regulations 2002.
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations set out the Australian Crime Commission’s practical rules: they name the ACC, prescribe which national and international policing bodies and information systems it may share with, define which offences are "serious and organised", fix witness expense rates and service/warrant forms, and list many corporate bodies and classes eligible to receive ACC information. Decision-making and operational powers are allocated to the CEO, the Chair and ACC staff for specific statutory tasks (e.g. surveillance, assumed identities, witness protection), creating compliance requirements for agencies and listed private entities.
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Direct links to the current provisions in Australian Crime Commission Regulations 2002.
These Regulations are the Australian Crime Commission Regulations 2002.
In these Regulations:
ACC means the Australian Crime Commission.
Act means the Australian Crime Commission Act 2002.
National policing information bodies (1) For subparagraph (a)(iii) of the definition of national policing information in subsection 4(1) of the Act, the following bodies are prescribed: (a) a body or organisation that is approved by the CEO as an accredited body under subsection 46A(5) of the Act; (b) a body mentioned in Schedule 1A. National policing information (2) For paragraph (b) of the definition of national policing information in subsection 4(1) of the Act, information that is held under, or that relates to the administration of, the following systems is prescribed: (a) the Australian Ballistic Information Network; (b) the Australian Cybercrime Online Reporting Network; (ba) the Australian National Child Offender Register; (c) the Biometric Identification Services System; (d) the Biometrics at the Border Interface; (e) the Child Exploitation Tracking System; (f) the External Agency Management System; (fa) the Managed Person System; (g) the National Automated Fingerprint Identification System; (ga) the National Child Offender System; (h) the National Criminal Investigation DNA Database; (i) the National DNA Investigation Capability; (j) the National Firearm Licensing Registration System; (k) the National Firearms Identification Database; (l) the National Firearms Interface; (m) the National Missing Person and Victim System—DVI (Disaster Victim Identification); (ma) the National Missing Person and Victim System—MPUB (Missing Person and Unidentified Bodies); (n) the National Names Index; (o) the National Order Reference Solution; (p) the National Police Checking Service Support System; (q) the National Police Reference System; (r) the National Portable Biometric Interface; (s) the National Vehicle of Interest System; (t) the system that is or was known as the CrimTrac Audit Log Integration Facility.
For paragraph (d) of the definition of serious and organised crime in subsection 4(1) of the Act, each offence mentioned in Division 272 or 273 of the Criminal Code is prescribed.
For subsection 7(1A) of the Act, the Australian Criminal Intelligence Commission is specified.
For the purposes of section 21F of the Act, the following allowances are prescribed: (a) for a person’s travel to appear before an examiner or member of the staff of the ACC—such amount as is reasonable: (i) in respect of the person’s conveyance to and from the place at which the person so attends; and (ii) if the person is required to be absent overnight from the person’s usual place of residence—for meals and accommodation; (b) for other expenses incurred in a person’s appearance before an examiner or member of the staff of the ACC: (i) in the case of a person remunerated by wages, salary or fee—such amount as is lost by the person’s appearance before the examiner or staff member; and (ii) in any other case—$25.00 per hour of the person’s appearance before the examiner or staff member.
A warrant issued by an issuing officer under section 22 of the Act shall be in accordance with Form 1 in Schedule 1.
(1) For the purposes of section 26 of the Act, the prescribed scale is the scale in Schedule 2. (2) In the scale in Schedule 2, a reference to the Royal Commissions Regulations 2001 shall be read as a reference to the Royal Commissions Regulations 2001 as in force from time to time.
(1) For the purposes of subsection 30(1) or (2) of the Act, each of the following manners of serving a summons is prescribed: (a) where the person named in the summons is a natural person: (i) tendering a copy of the summons to the person or, if on tender of the copy the person refuses to accept it, putting it down in the presence of the person or leaving it at or upon the place or premises where the person is; (ii) if service in the manner specified in subparagraph (i) is not practicable—leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing, or employed, at that place or sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or at the last known or usual postal address of the person; (iii) if a Judge has, subject to subregulation (2), given a direction that the summons should be so served—leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person, or sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by the person; (b) where the person named in the summons is a body corporate: (i) tendering a copy of the summons to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, above the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate or, if on tender of the copy the person refuses to accept it, leaving it at or upon the premises; (ii) sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or at a postal address of the body corporate. (2) A Judge shall not give a direction referred to in subparagraph (1)(a)(iii) in relation to the service of a summons on a person unless the Judge is satisfied upon information furnished in writing by an examiner, that: (a) service of the summons on the person in a manner specified in subparagraph (1)(a)(i) or (ii) has not been, or is not likely to be, successful; and (b) there is a likelihood that service of the summons in a manner specified in paragraph (1)(a)(iii) would result in the summons coming to the notice of the person. (3) In this regulation, Judge means: (a) a Judge of the Federal Court; or (b) a Judge of a court of a State or Territory.
A warrant issued under subsection 31(1) of the Act for the apprehension of a person shall be in accordance with Form 2 in Schedule 1.
(1) For subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 4 may be conferred on the ACC. (2) For subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 3 may be conferred on the person or body mentioned in the item. (3) For subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 5 may be conferred on a Judge of the Federal Court or a Judge of the Federal Circuit Court, as mentioned in the item.
For paragraph 59AA(1)(d) of the Act, an international body mentioned in Schedule 6 is prescribed.
For paragraph 59AA(1B)(g) of the Act, the following bodies are prescribed: (a) the Attorney‑General’s Department; (b) the Department of Defence; (c) the New Zealand Police; (d) the Independent Commission Against Corruption of New South Wales; (e) the Crime and Corruption Commission of Queensland; (f) the Victorian Institute of Forensic Medicine.
For subsection 59AB(1) of the Act, a body corporate, or a class of bodies corporate, mentioned in Schedule 7 is prescribed.
The amendments made by Schedule 1 to the Australian Crime Commission Amendment (Witness Expenses) Regulations 2017 apply to an appearance before an examiner or member of the staff of the ACC that occurs on or after the day that Schedule commences.
(regulation 3)
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Australian Crime Commission Regulations 2002.
In these Regulations:
ACC means the Australian Crime Commission.
Act means the Australian Crime Commission Act 2002.
National policing information bodies (1) For subparagraph (a)(iii) of the definition of national policing information in subsection 4(1) of the Act, the following bodies are prescribed: (a) a body or organisation that is approved by the CEO as an accredited body under subsection 46A(5) of the Act; (b) a body mentioned in Schedule 1A. National policing information (2) For paragraph (b) of the definition of national policing information in subsection 4(1) of the Act, information that is held under, or that relates to the administration of, the following systems is prescribed: (a) the Australian Ballistic Information Network; (b) the Australian Cybercrime Online Reporting Network; (ba) the Australian National Child Offender Register; (c) the Biometric Identification Services System; (d) the Biometrics at the Border Interface; (e) the Child Exploitation Tracking System; (f) the External Agency Management System; (fa) the Managed Person System; (g) the National Automated Fingerprint Identification System; (ga) the National Child Offender System; (h) the National Criminal Investigation DNA Database; (i) the National DNA Investigation Capability; (j) the National Firearm Licensing Registration System; (k) the National Firearms Identification Database; (l) the National Firearms Interface; (m) the National Missing Person and Victim System—DVI (Disaster Victim Identification); (ma) the National Missing Person and Victim System—MPUB (Missing Person and Unidentified Bodies); (n) the National Names Index; (o) the National Order Reference Solution; (p) the National Police Checking Service Support System; (q) the National Police Reference System; (r) the National Portable Biometric Interface; (s) the National Vehicle of Interest System; (t) the system that is or was known as the CrimTrac Audit Log Integration Facility.
For paragraph (d) of the definition of serious and organised crime in subsection 4(1) of the Act, each offence mentioned in Division 272 or 273 of the Criminal Code is prescribed.
For subsection 7(1A) of the Act, the Australian Criminal Intelligence Commission is specified.
For the purposes of section 21F of the Act, the following allowances are prescribed: (a) for a person’s travel to appear before an examiner or member of the staff of the ACC—such amount as is reasonable: (i) in respect of the person’s conveyance to and from the place at which the person so attends; and (ii) if the person is required to be absent overnight from the person’s usual place of residence—for meals and accommodation; (b) for other expenses incurred in a person’s appearance before an examiner or member of the staff of the ACC: (i) in the case of a person remunerated by wages, salary or fee—such amount as is lost by the person’s appearance before the examiner or staff member; and (ii) in any other case—$25.00 per hour of the person’s appearance before the examiner or staff member.
A warrant issued by an issuing officer under section 22 of the Act shall be in accordance with Form 1 in Schedule 1.
(1) For the purposes of section 26 of the Act, the prescribed scale is the scale in Schedule 2. (2) In the scale in Schedule 2, a reference to the Royal Commissions Regulations 2001 shall be read as a reference to the Royal Commissions Regulations 2001 as in force from time to time.
(1) For the purposes of subsection 30(1) or (2) of the Act, each of the following manners of serving a summons is prescribed: (a) where the person named in the summons is a natural person: (i) tendering a copy of the summons to the person or, if on tender of the copy the person refuses to accept it, putting it down in the presence of the person or leaving it at or upon the place or premises where the person is; (ii) if service in the manner specified in subparagraph (i) is not practicable—leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing, or employed, at that place or sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or at the last known or usual postal address of the person; (iii) if a Judge has, subject to subregulation (2), given a direction that the summons should be so served—leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person, or sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by the person; (b) where the person named in the summons is a body corporate: (i) tendering a copy of the summons to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, above the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate or, if on tender of the copy the person refuses to accept it, leaving it at or upon the premises; (ii) sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or at a postal address of the body corporate. (2) A Judge shall not give a direction referred to in subparagraph (1)(a)(iii) in relation to the service of a summons on a person unless the Judge is satisfied upon information furnished in writing by an examiner, that: (a) service of the summons on the person in a manner specified in subparagraph (1)(a)(i) or (ii) has not been, or is not likely to be, successful; and (b) there is a likelihood that service of the summons in a manner specified in paragraph (1)(a)(iii) would result in the summons coming to the notice of the person. (3) In this regulation, Judge means: (a) a Judge of the Federal Court; or (b) a Judge of a court of a State or Territory.
A warrant issued under subsection 31(1) of the Act for the apprehension of a person shall be in accordance with Form 2 in Schedule 1.
(1) For subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 4 may be conferred on the ACC. (2) For subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 3 may be conferred on the person or body mentioned in the item. (3) For subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 5 may be conferred on a Judge of the Federal Court or a Judge of the Federal Circuit Court, as mentioned in the item.
For paragraph 59AA(1)(d) of the Act, an international body mentioned in Schedule 6 is prescribed.
For paragraph 59AA(1B)(g) of the Act, the following bodies are prescribed: (a) the Attorney‑General’s Department; (b) the Department of Defence; (c) the New Zealand Police; (d) the Independent Commission Against Corruption of New South Wales; (e) the Crime and Corruption Commission of Queensland; (f) the Victorian Institute of Forensic Medicine.
For subsection 59AB(1) of the Act, a body corporate, or a class of bodies corporate, mentioned in Schedule 7 is prescribed.
The amendments made by Schedule 1 to the Australian Crime Commission Amendment (Witness Expenses) Regulations 2017 apply to an appearance before an examiner or member of the staff of the ACC that occurs on or after the day that Schedule commences.
(regulation 3)
Schedule 1A—Bodies that collect national policing information
(subregulation 2A(1))
| Item | Body |
|---|---|
| 101 | Attorney‑General’s Department |
| 102 | Austroads Ltd (ACN 136 812 390) |
| 103 | Department of Defence |
| 104 | Department of Immigration and Border Protection |
| 105 | Federal Bureau of Investigation |
| 106 | INTERPOL |
| 107 | New Zealand Police |
| 108 | Victorian Institute of Forensic Medicine |
Schedule 1
(regulation 3)
TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the police force of (insert name of State, as the case requires)] * [any other person] who is the executing officer for this warrant:
On the basis of:
(a) an application made *[under subsection 22(1)] *[by telephone under subsection 23(1)] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to:
*[land situated at (insert address);]
*[premises situated at (insert address);]
*[the vessel (insert name) owned by (insert name and address of owner);]
*[the aircraft (insert identifying marks) owned by (insert name and address of owner);]
*[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);] and
(b) information given to me *[by affidavit] *[by affidavit and orally] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2;
I, (insert full name of issuing officer), a *[Judge] *[magistrate] of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:
(c) *[at any time of the day or night] *[between the hours of ... and ... ] to enter *[on] *[into] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle]; and (d) to search the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] for things of a relevant kind specified in Schedule 1 that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2; and (e) to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2 found *[on] *[in] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] and to deliver them to any person participating in the special ACC *[operation] *[investigation].
THIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).
Issued on (insert date of issue).
.....................................
(Signature and designation of issuing officer)
(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.)
*This warrant is issued for the following reasons:
(insert the reasons)
Schedule 1
(Insert a description of the particular thing or things, connected with the special ACC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.)
Schedule 2
The special ACC *[operation] *[investigation] is (insert description of the special ACC operation/investigation).
The federally relevant criminal activity that is the subject of the ACC special *[operation] *[investigation] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates).
The ACC is conducting a special *[operation] *[investigation], in accordance with a determination by the Board of the ACC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the *[intelligence operation] *[investigation into matters relating to federally relevant criminal activity] is a special *[operation] *[investigation]. The determination of the Board is (insert details of the determination of the Board).
*Omit if inapplicable
(regulation 8)
TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the Police Force of the (insert name of State, as case requires)] *[any other person]:
On the basis of:
(a) the application made by *[(insert full name of applicant)], an examiner appointed under subsection 46B(1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and (b) my satisfaction by evidence on oath that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):
*[who has been ordered, under section 24 of the Au
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