Crimes (Controlled Operations) Regulations 2018

The Regulations are short and conceptually narrow. Their principal concepts are prescription, cross‑reference, and alignment across statutes.

Prescription

• The Regulations use the subordinate legislation power in section 47 of the parent Act to prescribe personnel and classes of personnel for statutory definitions in the Crimes (Controlled Operations) Act 2004 (reg 2). They prescribe who, within the Independent Broad‑based Anti‑corruption Commission (IBAC) structure, is to be treated as a “law enforcement officer” for the Act’s purposes (reg 7), who is to be a “prescribed IBAC Officer” (reg 8), and who is to be a “senior officer” under section 45(2) of the parent Act (reg 9).
• The specific positions and classes are listed in plain terms: Commissioner; Deputy Commissioner; Chief Executive Officer; Executive Officer classified IBAC Officers; non‑executive IBAC Officers; police officers engaged by IBAC under section 36 of the IBAC Act; and police members of other jurisdictions engaged under the same section (reg 7(a)-(g); reg 8(a)-(c); reg 9(a)-(c)).

Cross‑reference and definitional reliance

• The Regulations rely on and explicitly adopt terminology from the Independent Broad‑based Anti‑corruption Commission Act 2011. The definitions of Chief Executive Officer, Deputy Commissioner and IBAC Officer in reg 5 are given by cross‑reference to that Act rather than being redefined in full (reg 5).
• They also operate by reference to the definition of “corresponding law” in section 3 of the Crimes (Controlled Operations) Act 2004. Reg 6 supplies the list of Acts and provisions which will be treated as corresponding laws for that definition (reg 6; see also reg 1 that the Regulations are for purposes of the parent Act).

Alignment across jurisdictions

• Reg 6 enumerates six specific laws across state, territory and Commonwealth jurisdictions that count as corresponding laws (reg 6(a)-(f)). The effect is to create a fixed list of out‑of‑jurisdiction instruments that the parent Act will recognise for cross‑jurisdictional parity in controlled operations. The list includes NSW, Tasmania, WA, ACT, Queensland and the Commonwealth (Crimes Act 1914, Part IAB) provisions.

Interpretive materials

• The Endnotes include material about commencement, the making authority, sunsetting under the Subordinate Legislation Act 1994 and incorporation of interpretive rules from the Interpretation of Legislation Act 1984. These items do not alter the operative regulations but specify temporal operation, sources of authority and interpretive conventions that apply to statutory rules (Endnote 1; Endnotes 4).

Boundaries of the instrument

• The Regulations are not a stand‑alone operational code. They do not, within their text, set operational procedures for controlled operations, authorisation thresholds, or investigative powers. Their text is limited to prescription of positions, definition cross‑references and the listing of corresponding laws (regs 1-9). Any substantive rights, duties or offences under the controlled operations regime remain in the parent Act.

The Regulations identify specific public office holders and defined classes of employees within IBAC and associated police arrangements. The effects are principally on staffing classifications, who may lawfully carry out or be recognised in the Act’s controlled operations regime and on inter‑jurisdictional legal recognition.

IBAC personnel

• The Regulations directly affect the IBAC Commissioner, Deputy Commissioner and Chief Executive Officer by naming the positions,these are explicitly prescribed across regs 7-9 (regs 7(a)-(c); regs 8(a)-(c); regs 9(a)-(c)). Where the Crimes (Controlled Operations) Act 2004 uses the phrases “law enforcement officer”, “prescribed IBAC Officer” or “senior officer”, the named positions are to be read as included because the Regulations prescribe them for those statutory definitions (regs 7-9).
• IBAC Officers classified as Executive Officers are prescribed in regs 7(d), 8(c) and 9(c). IBAC Officers classified as non‑executive employees are prescribed only for the definition of law enforcement officers in reg 7(e). The text therefore draws a distinction within the IBAC workforce between executive classified officers and non‑executive employees, assigning them different statutory roles depending on which definition in the Act is engaged (regs 7-9).

Police engaged by IBAC

• The Regulations prescribe as law enforcement officers both police officers engaged by IBAC under section 36 of the Independent Broad‑based Anti‑corruption Commission Act 2011 and members of police forces or services of other jurisdictions engaged by IBAC under the same section (reg 7(f)-(g)). This affects police seconded or contracted to IBAC under s 36 of the IBAC Act by explicitly incorporating them into the Act’s notion of law enforcement officer for controlled operations purposes.

Other agencies and jurisdictions

• The listing of corresponding laws in reg 6 brings into legal alignment a set of Commonwealth, state and territory statutes. That list affects any agency or officer operating under those listed instruments by making the Victorian Act’s controlled operations regime able to treat those laws as “corresponding laws” pursuant to the parent Act’s definition. This has downstream effects on recognition, authorisation reciprocity and any statutory cross‑border validations that rely on the Act’s corresponding law concept (reg 6).

Persons not affected

• The Regulations do not prescribe private persons, contractors other than police engaged under s 36 of the IBAC Act, or bodies corporate. The instrument is limited in scope to positions and classes within IBAC and police personnel engaged by IBAC, and to a cross‑jurisdictional list of corresponding laws (regs 5-9; reg 6). The instrument does not itself create obligations or rights for private sector entities, nor does it specify fees, costs or resourcing arrangements.

Timing and expiry

• Operational effect began on commencement, 26 October 2018 (reg 3). The Endnotes record that these Regulations will sunset 10 years after making, on 16 October 2028, pursuant to the Subordinate Legislation Act 1994 (Endnote 1). That sunset point affects the temporal scope of who remains prescribed under this instrument unless it is remade or extended.

The Regulations are primarily definitional and prescriptive; they do not, in themselves, impose operational duties or confer detailed rights. Key legal effects are the prescription of who counts for statutory definitions used throughout the Crimes (Controlled Operations) Act 2004 and the identification of corresponding laws. From the Regulations’ text, the following duties and rights are established or implicated.

Statutory inclusion for definitions

• Duties and powers in the parent Act that attach to “law enforcement officer”, “prescribed IBAC Officer” or “senior officer” will, by operation of the definitions, attach to the positions and classes prescribed in regs 7-9. That is, when the parent Act imposes a duty on a “senior officer” or allows a right or authority for a “prescribed IBAC Officer”, the persons listed in regs 8 and 9 are those to whom those duties and rights apply (regs 8-9; see reg 5 for cross‑referenced definitions).

IBAC operational chain

• The Regulations prescribe the Commissioner, Deputy Commissioner and Chief Executive Officer as part of the prescribed set of persons for various definitions (regs 7(a)-(c); regs 8(a)-(b); regs 9(a)-(b)). The effect is to place those office holders within the statutory architecture of the parent Act so that duties or authorities conferred or prohibited in the parent Act operate on them. The Regulations do not, however, themselves allocate specific decision‑making powers or obligations; they only place these positions within the Act’s definitional reach.

Distinction between executive and non‑executive IBAC officers

• The Regulations distinguish IBAC Officers classified as Executive Officers and non‑executive employees. Executive Officers are included in the definitions of law enforcement officer, prescribed IBAC Officer and senior officer (regs 7(d), 8(c), 9(c)). Non‑executive employees are included only in the law enforcement officer definition (reg 7(e)). The differential inclusion creates a tiered legal relationship with the parent Act: executive classification elevates access to roles defined as “prescribed” or “senior”, whereas non‑executive classification may be limited to roles that involve being a law enforcement officer.

Police engaged under IBAC Act s 36

• Police officers engaged by IBAC (either local police or members of other jurisdictions) are prescribed as law enforcement officers under reg 7(f)-(g). This inclusion gives those engaged police the statutory identity of “law enforcement officer” under the Crimes (Controlled Operations) Act 2004 when operating as IBAC‑engaged personnel. Any duties, protections or immunities that the parent Act attaches to law enforcement officers will therefore apply to them by virtue of the prescription.

Rights conferred by corresponding law list

• The listing of corresponding laws in reg 6 means that when the parent Act’s machinery references “corresponding law” (as defined in section 3 of the Crimes (Controlled Operations) Act 2004), it will treat the listed out‑of‑jurisdiction instruments as such. Any rights, recognitions or procedural relationships the parent Act creates with respect to corresponding laws will therefore be triggered vis‑à‑vis the prescribed list (reg 6).

What the Regulations do not do

• The Regulations do not themselves state procedural duties, authorisation tests for controlled operations, or specify record keeping or reporting obligations. They do not create offences or penalties. The duties, rights and penalties that govern controlled operations remain in the parent Act. Therefore, to understand operational obligations a practitioner must read the parent Act alongside these Regulations (reg 1).

Interpretive and temporal effects

• The Endnotes record commencement and the ten year sunset arising under the Subordinate Legislation Act 1994 (Endnote 1). A duty or right that depends on these Regulations being in force will lapse if the instrument expires at sunset and is not remade, and the Endnotes are the statutory record of that temporal framework.

The text of the Crimes (Controlled Operations) Regulations 2018 contains no provisions that create offences, prescribe penalties, or establish enforcement mechanisms. The Regulations function as a prescriptive supplement to the Crimes (Controlled Operations) Act 2004 and do not themselves provide criminal sanctions or civil penalties.

No penalties in the instrument

• None of regs 1-9 impose monetary penalties, imprisonment, or regulatory sanctions. The instrument’s operative provisions are limited to definitions, lists of positions and the identification of corresponding laws (regs 1-9). The Endnotes catalogue commencement and interpretive matters; they do not add enforcement provisions (Endnote 1).

Enforcement stays with the parent Act and other laws

• Any penalties, enforcement mechanisms or authorisation procedures relevant to controlled operations are located in the Crimes (Controlled Operations) Act 2004 or in the other Acts listed in reg 6 where the parent Act imports corresponding law concepts. The Regulations are invoked by reference in those Acts to determine who is a law enforcement officer, prescribed IBAC Officer or senior officer. Enforcement thereby operates under the parent Act’s framework, not under these Regulations directly (reg 1; reg 6).

Administrative effect on roles

• Although the Regulations do not create penalties, they do alter the set of personnel to which duties and enforcement provisions in the parent Act can apply. For example, if the parent Act imposes compliance obligations on a “senior officer” in s 45(2), the persons listed in reg 9 become the practical targets of those obligations for enforcement purposes. Any enforcement action premised on those duties remains a matter for the parent Act and for the relevant enforcement authorities named in that Act (reg 9).

Sunset and enforcement continuity

• The Endnotes indicate the Regulations will sunset on 16 October 2028 under section 5 of the Subordinate Legislation Act 1994 (Endnote 1). Should the Regulations expire, the enforceability of duties in the parent Act that depend on these prescriptions may be affected, and authorities would need to rely on alternative prescriptions if the parent Act requires them. The Endnotes therefore flag a temporal enforcement consideration.

No litigation or tribunal procedure set out here

• The Regulations do not lay down procedural rules for administrative review, internal appeals, or tribunal processes. Any rights to challenge actions under the parent Act that depend on these prescriptions will follow the remedies and procedures provided elsewhere in statute or by general administrative law; those are not supplied by this instrument.

The Regulations are entirely cross‑referential in character and are designed to be read with the Crimes (Controlled Operations) Act 2004 and the Independent Broad‑based Anti‑corruption Commission Act 2011. They also establish a statutory connection to particular interstate, territory and Commonwealth statutes.

Primary interactions

• Crimes (Controlled Operations) Act 2004: The Regulations are made under section 47 of that Act and are expressly “for the purposes of” the parent Act (reg 2; reg 1). Throughout the parent Act, certain definitions and functions turn on whether a person is a “law enforcement officer”, a “prescribed IBAC Officer”, a “senior officer” or whether a law is a “corresponding law”. These Regulations provide the prescribed content for those terms (regs 5-9; reg 6). The Regulations therefore operate as a statutory annex to the parent Act, filling definitional gaps and enabling the Act’s provisions to operate with a concrete set of personnel and instruments.

• Independent Broad‑based Anti‑corruption Commission Act 2011 (IBAC Act): The Regulations import definitions from the IBAC Act. Reg 5 defines Chief Executive Officer, Deputy Commissioner and IBAC Officer by reference to section 33 and other provisions of the IBAC Act, and regs 7-9 prescribe positions and IBAC Officer classifications that draw on the IBAC Act’s classification scheme (reg 5; regs 7-9). The Regulations therefore align the controlled operations definitions with IBAC’s existing organisational and employment architecture. Regs 7(f) and 7(g) use section 36 of the IBAC Act to incorporate police engaged by IBAC.

Corresponding laws across jurisdictions

• Reg 6 expressly lists six statutes or provisions in other jurisdictions to be treated as “corresponding laws” for the parent Act’s definition in section 3. They are:

  • Law Enforcement (Controlled Operations) Act 1997 (NSW) (reg 6(a));
  • Police Powers (Controlled Operations) Act 2006 (Tasmania) (reg 6(b));
  • Part 2 of the Criminal Investigation (Covert Powers) Act 2012 (Western Australia) (reg 6(c));
  • Crimes (Controlled Operations) Act 2008 (Australian Capital Territory) (reg 6(d));
  • Chapter 11 of the Police Powers and Responsibilities Act 2000 (Queensland) (reg 6(e));
  • Part IAB of the Crimes Act 1914 (Commonwealth) (reg 6(f)).

• By naming these enactments, the Regulations create statutory interoperability: where the parent Act’s provisions operate differently depending on whether another instrument is a “corresponding law”, the list in reg 6 controls that determination.

Interpretation of Legislation Act 1984

• The Endnotes reference the Interpretation of Legislation Act 1984 and state interpretive effects such as headings, examples, punctuation and provision numbering forming part of the Statutory Rule (Endnote 1). Those interpretive rules inform how the Regulations are read and how inserted headings and examples are treated for legal interpretation.

Subordinate Legislation Act 1994

• The Endnotes record that the Regulations will sunset 10 years after making, on 16 October 2028, per section 5 of the Subordinate Legislation Act 1994 (Endnote 1). This interaction determines the temporal life of the instrument and creates a statutory requirement for renewal or remaking if the prescriptions are to be continued beyond that date.

Limits of interaction

• The Regulations do not themselves modify or displace the operational provisions, authorisation thresholds, accountability mechanisms or offence provisions of the parent Act or the listed corresponding laws. They function to feed definitions and lists into those statutes. Any substantive conflict would be resolved by the parent Act or the relevant principal legislation, not by these Regulations (reg 1; reg 6).

Practical consequence

• For practitioners, the interaction means that to determine statutory rights, duties, authorisations or immunities under the controlled operations regime one must read the Crimes (Controlled Operations) Act 2004 together with these Regulations and, where relevant, the IBAC Act and the listed corresponding laws. The Regulations supply the personnel and cross‑jurisdictional list that the parent Act references.

The Regulations include a short, explicit amendment and revocation history. The statutory instrument is a replacement and consolidating instrument rather than a document that has undergone iterative amendment since its making.

Revocations on commencement

• Reg 4 revokes four prior instruments:

  • Crimes (Controlled Operations) Regulations 2008 (S.R. No. 127/2008) (reg 4(a));
  • Crimes (Controlled Operations) Amendment Regulations 2013 (S.R. No. 11/2013) (reg 4(b));
  • Crimes (Controlled Operations) Amendment (Corresponding Laws) Regulations 2013 (S.R. No. 91/2013) (reg 4(c));
  • Crimes (Controlled Operations) Further Amendment Regulations 2013 (S.R. No. 123/2013) (reg 4(d)).

• The explanatory details in Endnote 4 identify the corresponding statutory rule numbers and tie them back to the revocations listed in reg 4 (Endnote 4, explanatory détails 1-4).

No subsequent amendments recorded

• The Table of Amendments section in the Endnotes states that there are no amendments made to the Crimes (Controlled Operations) Regulations 2018 by statutory rules, subordinate instruments or Acts up to the version date (Endnote 2). The “Amendments Not in Operation” section similarly records that there are no amendments not in operation (Endnote 3). The version date on the instrument is 26 October 2018 and the instrument is labelled Version No. 001.

Sunset provision and future remaking

• The Endnotes note that the Regulations will sunset 10 years after the day of making on 16 October 2028 under section 5 of the Subordinate Legislation Act 1994 (Endnote 1). The sunset is an automatic expiry mechanism; if the Regulations are to continue beyond that date, the making authority would need to remake or replace the statutory rule consistent with the Subordinate Legislation Act 1994.

Instrument provenance

• The Endnotes give details of the instrument’s making. The Regulations were made on 16 October 2018 by the Governor in Council on the recommendation of the Attorney‑General under section 47 of the Crimes (Controlled Operations) Act 2004 and came into operation on 26 October 2018 (Endnote 1). The Endnotes also point users to the Victorian legislation website for bills, Acts and current versions (Endnote 1).

No amendments recorded in this version

• The lack of amendments in the Table of Amendments, combined with the initial revocation of prior Regulations, indicates that this instrument was intended as a consolidated replacement at the time of making. The statutory record supplied in the Endnotes supports that conclusion with explicit entries (Endnotes 2-4).

The text of the Regulations and the Endnotes do not record any litigation history. There are no decisions, cases or reported proceedings referenced in the instrument or the appended endnotes.

Absence of recorded cases

• The Regulations themselves are regulatory prescriptions and the Endnotes contain metadata about making, commencement and interpretive matters. They do not identify any judicial or tribunal proceedings that have considered the Regulations nor do they list any statutory appeals or challenges arising from the instrument (regs 1-9; Endnotes).

Practical implication for research

• Because no litigation history is recorded in the instrument, practitioners seeking case law that interprets these Regulations will need to search court and tribunal databases for decisions referencing the Crimes (Controlled Operations) Regulations 2018 or for decisions that interpret the parent Act and refer to the Regulations’ prescriptions. The instrument’s text does not supply such references.

Interim sources not present

• The Endnotes include references to the making authority, commencement and interpretive provisions but do not include explanatory memoranda or second reading material beyond the short objective in reg 1. The absence of explanatory memoranda or parliamentary materials in the text means that users should look to parliamentary records or to the Attorney‑General’s recommendations (separately published) if they require legislative intent beyond the stated objective in reg 1.

No administrative appeal record

• The instrument does not set out administrative appeal rights or a history of legal challenges. Any disputes about whether a particular person falls within a prescribed category for the purposes of the parent Act would be matters for the parent Act’s regime and for judicial review in the ordinary way; the Regulations contain no separate litigation pathway.

The Regulations are short but contain a number of points that can cause practical confusion if treated without attention to textual detail. These are not normative criticisms but concrete traps for the unwary based on the instrument’s wording and its reliance on other statutes.

1. Cross‑referenced definitions, not standalone definitions

• Reg 5 does not re‑define Chief Executive Officer, Deputy Commissioner or IBAC Officer in full. Instead it states that those expressions “have the same meaning as they have in the Independent Broad‑based Anti‑corruption Commission Act 2011” (reg 5). If the IBAC Act changes or its internal classification scheme is updated, the meaning in these Regulations will move with it. A reader must therefore consult the IBAC Act to know precisely who is captured.

2. Different inclusion rules for IBAC classifications

• The Regulations treat IBAC Officers classified as Executive Officers differently from non‑executive employees. Executive Officers are included in the definitions of law enforcement officer, prescribed IBAC Officer and senior officer (regs 7(d), 8(c), 9(c)). Non‑executive employees are included only in the law enforcement officer definition (reg 7(e)). Practitioners must therefore check employment classification rather than assuming all IBAC staff are interchangeable for legal purposes.

3. “Law enforcement officer” is broader than “prescribed” or “senior”

• Reg 7 lists wider categories for the purposes of paragraph (b) of the Act’s definition of law enforcement officer, including the Commissioner and non‑executive employees (reg 7(a)-(e)). By contrast, regs 8 and 9 list a narrower set for “prescribed IBAC Officer” and “senior officer” (regs 8-9). Which statutory role applies in any specific parental Act provision depends on these differences; do not assume a single test.

4. Reliance on IBAC Act section 36 for engaged police

• The inclusion of police engaged by IBAC depends on engagement under section 36 of the Independent Broad‑based Anti‑corruption Commission Act 2011 (reg 7(f)-(g)). If engagement occurs under a different mechanism, or if the terms of engagement change, the statutory status under the Crimes (Controlled Operations) Act 2004 may differ. Practitioners should confirm the basis of engagement before relying on the prescription.

5. Fixed list of corresponding laws

• Reg 6 creates a fixed list of corresponding laws. If another jurisdiction amends its controlled operations legislation or creates a new relevant instrument, that instrument will not be a “corresponding law” under the parent Act unless the list in these Regulations is amended. The instrument therefore requires active maintenance to keep cross‑jurisdictional recognition current.

6. No procedural or accountability detail in the Regulations

• The Regulations do not specify operational procedures, authorisation thresholds, reporting requirements, or record keeping for controlled operations. Those matters remain in the parent Act. Users who look to the Regulations for procedural guidance will not find it; they must consult the Crimes (Controlled Operations) Act 2004 and any associated IBAC instruments.

7. Sunset date can affect continuity of prescription

• The Endnotes record a sunset on 16 October 2028 (Endnote 1). If the Regulations are not remade, the prescriptions for who is a law enforcement officer, prescribed IBAC Officer or senior officer under the parent Act may no longer be in force after that date. Organisations relying on these lists should plan for legislative renewal or transitional arrangements.

8. Revocations remove earlier instruments

• On their commencement the Regulations revoke the earlier 2008 instrument and three 2013 amending instruments (reg 4). If those earlier instruments contained different or more expansive prescriptions, their revocation means that contemporary practice must adhere to the new instrument. Historical actions taken under the revoked instruments remain a separate legal question not settled by these Regulations alone.

9. Interpretive rules have statutory force

• The Endnotes incorporate interpretation conventions from the Interpretation of Legislation Act 1984, including how headings, examples and punctuation are treated (Endnote 1). Readers should not disregard headings or examples as merely editorial; the interpretive rules give them statutory force.

10. The Regulations do not allocate costs or resources

• There is no provision here that deals with funding, resourcing, or who bears the costs of any controlled operation. Budgetary or administrative burdens that arise from employing designated officers, engaging police, or running controlled operations are not addressed in this instrument.

Compliance with these Regulations is principally about organisation, classification and cross‑referencing: ensuring that the right people are identified and recorded as falling within the prescribed categories so that the Crimes (Controlled Operations) Act 2004 operates as intended.

Step 1 , Align personnel records with prescribed positions and classifications

• Confirm which individuals occupy the positions expressly named in regs 7-9: Commissioner; Deputy Commissioner; Chief Executive Officer; and identify IBAC Officers classified as Executive Officers and non‑executive employees. Personnel records, HR classifications and organisational charts should clearly show which staff are “Executive Officers” for the purposes of regs 7-9 (regs 7(d)-(e); regs 8-9).

Step 2 , Verify police engagements under the IBAC Act s 36

• Where police officers are to operate under the controlled operations regime as law enforcement officers, ensure they are engaged by IBAC pursuant to section 36 of the Independent Broad‑based Anti‑corruption Commission Act 2011. Reg 7(f)-(g) prescribes police engaged under s 36; engagement under another mechanism may not attract the same statutory status (reg 7).

Step 3 , Use the Regulations when applying the parent Act’s definitions

• When applying any provision of the Crimes (Controlled Operations) Act 2004 that refers to “law enforcement officer”, “prescribed IBAC Officer”, “senior officer” or “corresponding law”, use these Regulations to decide whether a person or instrument falls within those categories (reg 6; regs 7-9). Keep print or electronic copies of the Regulations available to operation leads and legal advisers.

Step 4 , Maintain a list of corresponding laws and monitor for changes

• The list in reg 6 is fixed. Maintain an internal record that maps the corresponding laws listed in reg 6(a)-(f) to any cooperative arrangements, MOUs or reciprocal procedures with those jurisdictions. Because the list does not automatically update when other jurisdictions amend or create controlled operations laws, periodically review whether the list remains comprehensive for operational needs (reg 6).

Step 5 , Integrate interpretive conventions into documentation practices

• The Endnotes bring in interpretive conventions from the Interpretation of Legislation Act 1984. When preparing policy, guidance notes or operational orders refer to headings and examples in the Regulations as legally meaningful and draft documentation accordingly (Endnote 1).

Step 6 , Plan for the sunset date

• The Regulations will sunset on 16 October 2028 unless remade (Endnote 1). Organisations relying on these prescriptions should include the sunset in statutory review plans and, if necessary, request that the Attorney‑General or the responsible minister consider remaking or amending the Regulations in advance of expiry.

Step 7 , Coordinate with legal counsel for parent Act obligations

• Because these Regulations do not set operational procedures or penalties, compliance in the substantive sense requires reading them together with the Crimes (Controlled Operations) Act 2004. Legal counsel should be engaged to map which Act provisions impose duties and how the prescribed categories in these Regulations affect who must perform or authorise those acts (reg 1).

Step 8 , Audit classification changes and engagements

• Implement periodic audits to ensure that staff classifications have not changed in a way that alters their status under these Regulations. Changes in IBAC employment classification, organisational restructuring, or changes to police engagement arrangements under the IBAC Act s 36 may require updating internal compliance registers to remain aligned with regs 5-9.

Step 9 , Document decisions that rely on these prescriptions

• Where a decision under the parent Act rests on someone’s status as a prescribed IBAC Officer or senior officer, record the fact, the relevant regulation (reg 8 or reg 9), and the factual basis (position held and relevant dates). That documentation will be important for any later internal review or judicial scrutiny.

Step 10 , Do not assume these Regulations create operational authority

• These Regulations do not themselves authorise controlled operations or confer procedural powers. Ensure all controlled operation actions follow the authorisation and operational requirements in the Crimes (Controlled Operations) Act 2004 and any internal IBAC policy, with the Regulations used only to establish who is covered by the Act’s definitions (reg 1).