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New South Wales regulation
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Direct links to the current provisions in Crimes Regulation 2020.
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View on official registerSourced from legislation.nsw.gov.au, CC BY 4.0.
The Regulation does not itself reproduce the substantive criminal duties or penalties in the Crimes Act. Instead, it performs the technical job of telling readers which people and which named places are captured by particular provisions of the Crimes Act (ss 4, 4A). In other words, it connects the Act's general rules to specific professions and specific sites.
Purpose-claims in the instrument are procedural: it "prescribes" professions and facilities "for the purposes of" named Act provisions (ss 4, 4A). That prescription determines how the cross-referenced Act provisions apply to particular people and locations.
Who pays: Any compliance, training or administrative costs that flow from being captured by the Act’s provisions will fall on the affected professions, employers and facility operators. The Regulation itself does not set fees or penalties; it determines which persons/sites are subject to the Act's existing obligations or protections (see s 4; s 4A).
Who decides: The Regulation (a form of subordinate legislation) decides which professions and which named sites are in scope for the specified sections of the Crimes Act (s 4; s 4A). Implementation and enforcement of the Act’s provisions remain functions of the Act and enforcement agencies referenced by it (the Regulation cross-references the Act at s 3(1)).
Behaviour changes and compliance burden: People and organisations listed will need to understand whether the linked sections of the Crimes Act impose duties, exceptions or reporting obligations. The requirement to consult the Act for the substantive rules means practical compliance depends on reading both instruments together (s 3(1); s 4; s 4A).
Concentration and scope effects: By naming specific facilities in Schedule 1, the Regulation confines the Act’s "major facility" treatment to those particular places rather than to a class-based description. That concentrates legal status on named sites and leaves other sites outside that named list unless later added by amendment (Schedule 1; s 4A). The schedule record shows later insertions and amendments (s 4A: Ins 2022 (135), Sch 1; Sch 1: Ins 2022 (135), Sch 1[2]. Am 2024 (496), Sch 1), which evidences that the list is maintained by later subordinate changes.
Administrative and interpretive dependencies: The Regulation relies on cross-references to multiple provisions of the Crimes Act and to the Interpretation Act (s 3(1)). That creates an interpretive dependency: correct application requires consulting the Act and possibly other guidance.
Implementation risk and update requirement: The named-list approach means the list needs maintenance when policy or operational circumstances change; the instrument’s own amendment history is recorded next to s 4A and Schedule 1.