8 Law enforcement officers appointed as supervisors 3
9 Senior officers of the IBAC 3
Schedule 1—Corresponding laws 4
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Endnotes 5
1 General information 5
2 Table of Amendments 7
3 Amendments Not in Operation 8
4 Explanatory details 9
Version No.001
Crimes (Assumed Identities) Regulations 2016
S.R. No. 60/2016
Version as at
22 June 2016
1 Objective
The objective of these Regulations is to prescribe matters for the purposes of the Crimes (Assumed Identities) Act 2004.
2 Authorising provision
These Regulations are made under section 35 of the Crimes (Assumed Identities) Act 2004.
3 Commencement
These Regulations come into operation on 22 June 2016.
4 Revocation
The following Regulations are revoked—
(a) the Crimes (Assumed Identities) Regulations 2006[1];
(b) the Crimes (Assumed Identities) Amendment (Corresponding Laws) Regulations 2013[2];
(c) the Crimes (Assumed Identities) Amendment Regulations 2013[3].
5 Definitions
In these Regulations—
Chief Executive Officer means the person appointed under section 33 of the Independent Broad-based Anti-corruption Commission Act 2011;
Deputy Commissioner has the same meaning as it has in the Independent Broad-based Anti‑corruption Commission Act 2011;
IBAC Officer has the same meaning as it has in the Independent Broad-based Anti‑corruption Commission Act 2011;
police officer has the same meaning as it has in the Victoria Police Act 2013.
6 Corresponding laws
For the purposes of the definition of corresponding law in section 3 of the Crimes (Assumed Identities) Act 2004, a law specified in column 2 of Schedule 1 of a jurisdiction specified opposite that law in column 1 of Schedule 1 is declared to be a law of that jurisdiction that corresponds to that Act.
7 Prescribed IBAC Officers
For the purposes of the definition of prescribed IBAC Officer in section 3 of the Crimes (Assumed Identities) Act 2004, the following positions and classes of employees are prescribed—
(a) the position of Commissioner;
(b) the position of Deputy Commissioner;
(c) the position of Chief Executive Officer;
(d) IBAC Officers classified as Executive Officers;
(e) IBAC Officers classified as non-executive employees;
(f) police officers engaged by the IBAC;
(g) members of the police force or police service (however described) of another jurisdiction who are engaged by the IBAC.
8 Law enforcement officers appointed as supervisors
For the purposes of section 5(4)(c) of the Crimes (Assumed Identities) Act 2004, the following positions and classes of employees are prescribed—
(a) the position of Chief Executive Officer;
(b) IBAC Officers classified as Executive Officers;
(c) IBAC Officers classified as non-executive employees Grade 6 or as Senior Technical Specialists;
(d) police officers engaged by the IBAC who are officers of or above the rank of sergeant;
(e) members of the police force or police service (however described) of another jurisdiction who are engaged by the IBAC and who are officers of or above the rank of sergeant.
9 Senior officers of the IBAC
For the purposes of paragraph (c) of the definition of senior officer in section 34(5) of the Crimes (Assumed Identities) Act 2004, the following positions and classes of employees are prescribed—
(a) the position of Deputy Commissioner;
(b) the position of Chief Executive Officer;
(c) IBAC Officers classified as Executive Officers.
Schedule 1—Corresponding laws
Column 1<br>Jurisdiction
Column 2<br>Corresponding law
Australian Capital Territory
Crimes (Assumed Identities) Act 2009
Commonwealth
Part IAC of the Crimes Act 1914
New South Wales
Law Enforcement and National Security (Assumed Identities) Act 2010
Queensland
Chapter 12 of the Police Powers and Responsibilities Act 2000
South Australia
Part 3 of the Criminal Investigation (Covert Operations) Act 2009
Tasmania
Police Powers (Assumed Identities) Act 2006
Western Australia
Part 3 of the Criminal Investigation (Covert Powers) Act 2012
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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 Crimes (Assumed Identities) Regulations 2016, S.R. No. 60/2016 were made on 21 June 2016 by the Governor in Council under section 35 of the Crimes (Assumed Identities) Act 2004, No. 15/2004 and came into operation on 22 June 2016: regulation 3.
The Crimes (Assumed Identities) Regulations 2016 will sunset 10 years after the day of making on 21 June 2026 (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 Crimes (Assumed Identities) Regulations 2016 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Reg. 4(a): S.R. No. 74/2006 as amended by S.R. Nos 10/2013 and 93/2013. ↑