South Australia regulation

Criminal Investigation (Covert Operations) Regulations 2014

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

4/10 complexity

These regulations declare which interstate and Commonwealth statutes count as "corresponding laws" for South Australia’s Criminal Investigation (Covert Operations) Act 2009, determining when SA agencies may treat out‑of‑state controlled‑operations, assumed‑identity and witness‑protection regimes as matching their own. They also preserve the Act as it stood before a 2021 amendment for complaints, reports or investigations already underway. The rules affect police, prosecutors and agencies that plan or rely on cross‑jurisdictional covert measures and change their compliance and coordination requirements.

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Current sections

Direct links to the current provisions in Criminal Investigation (Covert Operations) Regulations 2014.

Criminal Investigation (Covert Operations) Regulations 2014

South Australia Criminal Investigation (Covert Operations) Regulations 2014 under the Criminal Investigation (Covert Operations) Act 2009

Contents 1 Short title 3 Interpretation 4 Declaration of corresponding laws Schedule 1—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021) 1 Application of Act to continuing complaints etc Legislative history

1—Short title These regulations may be cited as the Criminal Investigation (Covert Operations) Regulations 2014. 3—Interpretation In these regulations— Act means the Criminal Investigation (Covert Operations) Act 2009. 4—Declaration of corresponding laws For the purposes of the definition of corresponding law in section 3(1) of the Act— (a) the following laws are declared to correspond to Part 2 of the Act: (i) the Crimes (Controlled Operations) Act 2008 of the Australian Capital Territory; (ii) the Law Enforcement (Controlled Operations) Act 1997 of New South Wales; (iii) Chapter 11 of the Police Powers and Responsibilities Act 2000 of Queensland; (iv) the Police Powers (Controlled Operations) Act 2006 of Tasmania; (v) the Crimes (Controlled Operations) Act 2004 of Victoria; (vi) Part 2 of the Criminal Investigation (Covert Powers) Act 2012 of Western Australia; (vii) the Crimes Act 1914 of the Commonwealth; (b) the following laws are declared to correspond to Part 3 of the Act: (i) the Crimes (Assumed Identities) Act 2008 of the Australian Capital Territory; (ii) the Law Enforcement and National Security (Assumed Identities) Act 2010 of New South Wales; (iii) Chapter 12 of the Police Powers and Responsibilities Act 2000 of Queensland; (iv) the Police Powers (Assumed Identities) Act 2006 of Tasmania; (v) the Crimes (Assumed Identities) Act 2004 of Victoria; (vi) Part 3 of the Criminal Investigation (Covert Powers) Act 2012 of Western Australia; (vii) the Crimes Act 1914 of the Commonwealth; (c) the following laws are declared to correspond to Part 4 of the Act: (i) the Crimes (Protection of Witnesses) Act 2011 of the Australian Capital Territory; (ii) Division 5 of Part 2 of the Evidence Act 1977 of Queensland; (iii) the Witness (Identity Protection) Act 2006 of Tasmania; (iv) Part 11AA of the Evidence (Miscellaneous Provisions) Act 1958 of Victoria; (v) the Criminal Investigation (Covert Powers) Act 2012 of Western Australia; (vi) the Crimes Act 1914 of the Commonwealth. Schedule 1—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021) 1—Application of Act to continuing complaints etc The Act as in force before the commencement of Schedule 1 of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 continues to apply in connection with any complaint, report or investigation referred to in clause 70 of that Schedule. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2014 212 Gazette 31.7.2014 p3823 31.7.2014: r 2 2021 150 Gazette 7.10.2021 p3702 7.10.2021: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 7.10.2021 Sch 1 inserted by 150/2021 r 4 7.10.2021

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Criminal Investigation (Covert Operations) Regulations 2014

South Australia Criminal Investigation (Covert Operations) Regulations 2014 under the Criminal Investigation (Covert Operations) Act 2009

1—Short title These regulations may be cited as the Criminal Investigation (Covert Operations) Regulations 2014. 3—Interpretation In these regulations— Act means the Criminal Investigation (Covert Operations) Act 2009. 4—Declaration of corresponding laws For the purposes of the definition of corresponding law in section 3(1) of the Act— (a) the following laws are declared to correspond to Part 2 of the Act: (i) the Crimes (Controlled Operations) Act 2008 of the Australian Capital Territory; (ii) the Law Enforcement (Controlled Operations) Act 1997 of New South Wales; (iii) Chapter 11 of the Police Powers and Responsibilities Act 2000 of Queensland; (iv) the Police Powers (Controlled Operations) Act 2006 of Tasmania; (v) the Crimes (Controlled Operations) Act 2004 of Victoria; (vi) Part 2 of the Criminal Investigation (Covert Powers) Act 2012 of Western Australia; (vii) the Crimes Act 1914 of the Commonwealth; (b) the following laws are declared to correspond to Part 3 of the Act: (i) the Crimes (Assumed Identities) Act 2008 of the Australian Capital Territory; (ii) the Law Enforcement and National Security (Assumed Identities) Act 2010 of New South Wales; (iii) Chapter 12 of the Police Powers and Responsibilities Act 2000 of Queensland; (iv) the Police Powers (Assumed Identities) Act 2006 of Tasmania; (v) the Crimes (Assumed Identities) Act 2004 of Victoria; (vi) Part 3 of the Criminal Investigation (Covert Powers) Act 2012 of Western Australia; (vii) the Crimes Act 1914 of the Commonwealth; (c) the following laws are declared to correspond to Part 4 of the Act: (i) the Crimes (Protection of Witnesses) Act 2011 of the Australian Capital Territory; (ii) Division 5 of Part 2 of the Evidence Act 1977 of Queensland; (iii) the Witness (Identity Protection) Act 2006 of Tasmania; (iv) Part 11AA of the Evidence (Miscellaneous Provisions) Act 1958 of Victoria; (v) the Criminal Investigation (Covert Powers) Act 2012 of Western Australia; (vi) the Crimes Act 1914 of the Commonwealth. Schedule 1—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021) 1—Application of Act to continuing complaints etc The Act as in force before the commencement of Schedule 1 of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 continues to apply in connection with any complaint, report or investigation referred to in clause 70 of that Schedule. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2014 212 Gazette 31.7.2014 p3823 31.7.2014: r 2 2021 150 Gazette 7.10.2021 p3702 7.10.2021: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 7.10.2021 Sch 1 inserted by 150/2021 r 4 7.10.2021