Australian Crime Commission (State Provisions) Regulations 2024
S.R. No. 6/2024
Version as at
6 February 2024
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Revocation 1
4 Meaning of the Act 1
5 Service of summons to appear before an examiner 2
6 Warrant for apprehension of witness 4
7 Search warrant 5
Schedule 1—Form of warrant to apprehend 6
Schedule 2—Form of search warrant 8
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Endnotes 11
1 General information 11
2 Table of Amendments 13
3 Explanatory details 14
Version No.001
Australian Crime Commission (State Provisions) Regulations 2024
S.R. No. 6/2024
Version as at
6 February 2024
1 Objective
The objective of these Regulations is to prescribe—
(a) the manner of serving a summons under the Australian Crime Commission (State Provisions) Act 2003; and
(b) the form of a warrant to apprehend a person under that Act; and
(c) the form of a search warrant under that Act.
2 Authorising provision
These Regulations are made under section 50 of the Australian Crime Commission (State Provisions) Act 2003.
3 Revocation
The Australian Crime Commission (State Provisions) Regulations 2014[1] are revoked.
4 Meaning of *the Act*
In these Regulations—
the Act means the Australian Crime Commission (State Provisions) Act 2003.
5 Service of summons to appear before an examiner
(1) For the purposes of section 23(1) and (2)(c) of the Act, each of the following manners of serving a summons is prescribed for a summons directed to a natural person—
(a) giving a copy of the summons to the person personally;
(b) if, on attempting to give a copy of the summons to the person personally, the person refuses to accept it—
Section 1 - Australian Crime Commission (State Provisions) Regulations 2024 - Australian Crime Commission (State Provisions) Regulations 2024 | Zoe
(i) putting it down in the presence of the person; or
(ii) leaving it at the place or on the premises where the person is;
(c) if service in the manner specified in paragraph (a) or (b) is not practicable—
(i) leaving a copy of the summons at the person's last known or usual place of residence or business with another person who is, or is reasonably believed to be—
(A) over 16 years of age; and
(B) residing or employed at that place; or
(ii) sending a copy of the summons by registered post or certified mail addressed to the person at the person's last known or usual place of residence or business or postal address; or
(iii) delivering a copy of the document to the person by means of an electronic communication that is confirmed as having been received by the person;
(d) if a Judge has given a direction under subregulation (3), in a manner specified in subregulation (4).
(2) For the purposes of section 23(1) and (2)(c) of the Act, each of the following manners of serving a summons is prescribed for a summons directed to a body corporate—
(a) giving a copy of the summons to a person who is, or is reasonably believed to be, over 16 years of age and an officer of, or in the service of, the body corporate at the head office, a registered office, a principal office or a principal place of business of the body corporate;
(b) if, on attempting to give a copy of the summons to a person in the manner specified in paragraph (a), the person refuses to accept it—
(i) putting it down in the presence of the person; or
(ii) leaving it at the place or on the premises where the person is;
(c) sending a copy of the summons by registered post or certified mail addressed to the body corporate at the head office, a registered office, a principal office, a principal place of business or a postal address of the body corporate;
(d) delivering a copy of the summons to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.
(3) On application by an examiner in writing, a Judge may direct that a person be served with a summons in a manner specified in subregulation (4) if the Judge is satisfied on the basis of written information provided by the examiner that—
(a) service of the summons on the person in a manner specified in subregulation (1)(a), (b) or (c) 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 subregulation (4) would result in the summons coming to the notice of the person.
(4) The specified manners of service are—
(a) leaving a copy of the summons with another person identified in the direction who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person named in the summons; or
(b) sending a copy of the summons by registered post or certified mail to an address specified in the direction that the Judge has reasonable grounds to believe to be a place frequented by the person named in the summons.
(5) In this regulation—
Judge means—
(a) a Judge of the Federal Court; or
(b) a Judge of the Supreme Court; or
(c) a Judge of the County Court.
6 Warrant for apprehension of witness
A warrant issued under section 24(1) of the Act for the apprehension of a person must be in accordance with the form set out in Schedule 1.
7 Search warrant
A search warrant issued under section 29 of the Act must be in accordance with the form set out in Schedule 2.
Schedule 1—Form of warrant to apprehend
Regulation 6
Warrant to Apprehend
Australian Crime Commission (State Provisions) Act 2003
SECTION 24
TO [insert full name of person to whom warrant is issued], [a member of the Australian Federal Police and member of the staff of the Australian Crime Commission]/[a police officer]/*[insert position in any other case]:
On the basis of the application made by [insert full name of applicant], an examiner appointed under section 46B(1) of the Australian Crime Commission Act 2002 of the Commonwealth (the examiner), in this matter;
I, [insert full name of Judge], a Judge of [insert name of court], *[sitting in chambers,] am satisfied by evidence on oath or affirmation that there are reasonable grounds to believe that [insert full name and address of person to be apprehended]—
*who has been ordered, under section 28 of the Australian Crime Commission (State Provisions) Act 2003 to deliver the person's passport to the examiner, is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner.
*in relation to whom a summons has been issued under section 19(1) of the Australian Crime Commission (State Provisions) Act 2003—
(i) has absconded or is likely to abscond; or
(ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons.
*has committed an offence under section 23(1) of the Australian Crime Commission (State Provisions) Act 2003, or is likely to do so.
I am satisfied that there are reasonable grounds for issuing a warrant under section 24 of the Australian Crime Commission (State Provisions) Act 2003.
You are authorised, using no more force than is reasonably necessary for the execution of this warrant—
(a) if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and
(b) to apprehend [insert full name and address of person to be apprehended]—
to bring the person named in this warrant as soon as practicable before a Judge of the Federal Court or the Supreme Court to be dealt with according to law.
Issued at: [insert place of issue] on: [insert date of issue]
by: [signature and designation of Judge]
*Delete if not applicable
Schedule 2—Form of search warrant
Regulation 7
Search Warrant
Australian Crime Commission (State Provisions) Act 2003
SECTION 29
TO [insert full name of person to whom warrant is issued], [a member of the Australian Federal Police and member of the staff of the Australian Crime Commission]/[a police officer]/*[insert position in any other case], who is the executing officer for this warrant:
On the basis of an application made [under section 29(1)]/[by telephone under section 30(1)] of the Australian Crime Commission (State Provisions) Act 2003 for the issue of a warrant under section 29 of that 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];
I [insert full name of issuing officer], a *Judge of [insert name of court], am satisfied by information given to me [by affidavit]/[by affidavit and orally] that there are reasonable grounds for issuing this warrant under section 29 of the Australian Crime Commission (State Provisions) Act 2003 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things—
(a) 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 one month after the date of application]; and
(b) that are connected with the special ACC *operation/*investigation specified in Schedule 2.
You are authorised, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:
(a) *at any time of the day or night/*between the hours of [specify times] to enter *upon/*into the *land/*premises/*vessel/*aircraft/*vehicle described above; and
(b) 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
(c) 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 *upon/*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 one month after the date of issue of the warrant].
Issued at: [insert place of issue] on: [insert date of issue]
by: [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 30 of theAustralian Crime Commission (State Provisions) Act 2003.)
*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 relevant criminal activity that is the subject of the special ACC *operation/*investigation is [insert description of the relevant criminal activity, specifying the serious and organised 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 section 8(1)(a) of the Australian Crime Commission (State Provisions) Act 2003 that an *ACC State intelligence operation is a special operation/*ACC State investigation is a special investigation. The determination of the Board is [insert details of the determination of the Board].
*Delete if not applicable
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Australian Crime Commission (State Provisions) Regulations 2024, S.R. No. 6/2024 were made on 6 February 2024 by the Governor in Council under section 50 of the Australian Crime Commission (State Provisions) Act 2003, No. 52/2003 and came into operation on 6 February 2024.
The Australian Crime Commission (State Provisions) Regulations 2024 will sunset 10 years after the day of making on 6 February 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Australian Crime Commission (State Provisions) Regulations 2024 by statutory rules, subordinate instruments and Acts.