These regulations are the *Criminal Investigation (Covert Powers) Regulations 2013*.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on 1 March 2013.
3. Fisheries officers who are law enforcement officers (Act, s. 3)
For the purposes of the definition of law enforcement officer paragraph (d) in section 3 of the Act, a fisheries officer employed in the fisheries department’s Serious Offences Unit holds a prescribed office.
4. Corresponding laws (Act, s. 5, 44 and 80)
(1) For the purposes of the definition of corresponding law in section 5 of the Act, each of these is a prescribed law —
(a) the Crimes Act 1914 (Commonwealth) Part IAB;
(b) the Law Enforcement (Controlled Operations) Act 1997 (New South Wales);
(c) the Crimes (Controlled Operations) Act 2004 (Victoria);
(d) the Police Powers and Responsibilities Act 2000 (Queensland) Chapter 11;
(e) the Criminal Investigation (Covert Operations) Act 2009 (South Australia) Part 2;
(f) the Police Powers (Controlled Operations) Act 2006 (Tasmania);
(g) the (Australian Capital Territory);
Crimes (Controlled Operations) Act 2008
(h) the Police (Special Investigative and Other Powers) Act (Northern Territory) Part 2.
(2) For the purposes of the definition of corresponding law in section 44 of the Act, each of these is a prescribed law —
(a) the Crimes Act 1914 (Commonwealth) Part IAC;
(b) the Law Enforcement and National Security (Assumed Identities) Act 2010 (New South Wales);
(c) the Crimes (Assumed Identities) Act 2004 (Victoria);
(d) the Police Powers and Responsibilities Act 2000 (Queensland) Chapter 12;
(e) the Criminal Investigation (Covert Operations) Act 2009 (South Australia) Part 3;
(f) the Police Powers (Assumed Identities) Act 2006 (Tasmania);
(g) the Crimes (Assumed Identities) Act 2009 (Australian Capital Territory);
(h) the Police (Special Investigative and Other Powers) Act (Northern Territory) Part 3.
(3) For the purposes of the definition of corresponding law in section 80 of the Act, each of these is a prescribed law —
(a) the Crimes Act 1914 (Commonwealth) Part IACA;
(b) the Evidence (Miscellaneous Provisions) Act 1958 (Victoria) Part IIAA;
(c) the Evidence Act 1977 (Queensland) Part 2 Division 5;
(d) the Criminal Investigation (Covert Operations) Act 2009 (South Australia) Part 4;
(e) the Witness (Identity Protection) Act 2006 (Tasmania) Part 2;
(f) the Crimes (Protection of Witness Identity) Act 2011 (Australian Capital Territory);
(g) the Police (Special Investigative and Other Powers) Act (Northern Territory) Part 4.
[Regulation 4 amended: Gazette 12 Jul 2016 p. 2863.]
5. Relevant offences (Act. s. 5)
(1) For the purposes of the definition of relevant offence in section 5 of the Act, an offence under any of these provisions is a prescribed offence —
(a) the Classification (Publications, Films and Computer Games) Enforcement Act 1996 sections 59, 61, 62, 65D(1) and (2) and 88;
(b) The Criminal Code sections 69, 191, 206, 338E(2), 436, 440A(3)(c), 557E and 557J;
(c) the Fish Resources Management Act 1994 sections 51, 74, 77, 96, 155(2), 173 and 199;
(d) the Fish Resources Management Regulations 1995 regulation 64(7);
(e) the Misuse of Drugs Act 1981 section 5(1)(e);
(f) the Prostitution Act 2000 sections 5, 6, 9, 15, 20 and 21.
(2) Subregulation (1)(c) does not apply to an offence under the Fish Resources Management Act 1994 section 74, 77 or 155(2) to the extent that the offence is punishable by imprisonment for 3 years or more.
(3) Subregulation (1)(f) does not apply to an offence under the Prostitution Act 2000 section 5 or 6 to the extent that the offence is punishable by imprisonment for 3 years or more.
[Regulation 5 amended: Gazette 19 Aug 2014 p. 2995.]
6. Senior officers (Act, s. 43(1), 79(1) and 105(1))
(1) For the purposes of the definition of senior officer paragraph (b)(ii) in sections 43(1), 79(1) and 105(1) of the Act, the person performing functions as the Western Australian state manager (however described) of the Australian Crime Commission holds a prescribed office in that Commission.
(2) For the purposes of the definition of senior officer paragraph (c) in sections 43(1), 79(1) and 105(1) of the Act, the fisheries officer employed in the fisheries department as the Executive Director responsible for compliance holds a prescribed office in that department.
[Regulation 6 amended: Gazette 17 Aug 2018 p. 2901.]
7. Fisheries officers who are supervisors (Act, s. 48(4)(c))
For the purposes of section 48(4)(c) of the Act, a fisheries officer employed in the fisheries department’s Serious Offences Unit at or above the level of Supervising Fisheries and Marine Officer holds a prescribed office in that department.
Notes
1 This is a compilation of the Criminal Investigation (Covert Powers) Regulations 2013 and includes the amendments made by the other written laws referred to in the following table.