The objective of these Regulations is to prescribe matters required to give effect to certain provisions of the Crimes Act 1958 relating to child abuse material.
2 Authorising provision
These Regulations are made under section 585AAA of the Crimes Act 1958.
3 Commencement
These Regulations come into operation on 1 July 2017.
4 Revocation
The Crimes (Child Pornography) Regulations 2015[1] are revoked.
5 Definition
In these Regulations, Victoria Police has the same meaning as in the Victoria Police Act 2013.
6 Authorised classifier
For the purposes of the definition of authorised classifier in section 51A(1) of the Crimes Act 1958, members of Victoria Police personnel who have undertaken training conducted by Victoria Police in the examination of random samples of seized material (within the meaning ofsection 51V(9) of the Crimes Act 1958) and the certification of findings as to the nature and content of the samples are prescribed.
For the purposes of the definition of relevant industry regulatory authority in section 51A(1) of the Crimes Act 1958, the Children's e-Safety Commissioner appointed under section 50 of the Enhancing Online Safety for Children Act 2015 of the Commonwealth is prescribed for the purposes of section 51S(2)(d) of the Crimes Act 1958.
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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 (Child Abuse Material) Regulations 2017, S.R. No. 39/2017 were made on 6 June 2017 by the Governor in Council under section 585AAA of the Crimes Act 1958, No. 6231/1958 and came into operation on 1 July 2017: regulation 3.
The Crimes (Child Abuse Material) Regulations 2017 will sunset 10 years after the day of making on 6 June 2027 (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 (Child Abuse Material) Regulations 2017 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.