Criminal Investigation Regulations 2007

The regulations focus on a small set of practical, operational concepts that sit under the Criminal Investigation Act 2006. The principal concepts and how the regulations define or implement them are as follows.

• Prescribed forms. Regulation 4 prescribes each form in Schedule 1 for the Act provision it references. The Schedule contains the text and item structure for the forms and notes that explicitly cross‑link items to Act requirements (for example, Form 1 for a s 42 search warrant, Form 2 for an order to produce a business record under s 53, and Form 3 for a data access order under s 59). Regulation 5 permits adaptation of these forms where necessary, but sets a formal approach for attachments and their titles where space is insufficient (reg 5(1)-(2)).

• Electronic move on orders, consent and timing. Regulations 3A and 3B operationalise section 27B of the Act, which allows move on orders to be given by electronic means with consent. The regulations define "electronic address" as an email address or mobile telephone number (reg 3), specify the ways a person may indicate consent (writing, oral, or non‑verbal actions) and require physical presence when consent is given (reg 3A(1)-(2)). The regulations clarify that providing personal details under s 27(4) does not amount to consent (reg 3A(3)), identify circumstances where consent is not taken to be given (coercion, lack of capacity, language barrier at reg 3A(4)), and set when the order is taken to be given for hand delivery or electronic delivery (reg 3B).

• Forensic procedure administration. Regulations 6 and 7 establish administrative requirements for training approvals and qualification certificates for persons exercising forensic procedure powers under Part 9 of the Act. The Commissioner must act in writing, may approve courses if satisfied that completion produces competence to exercise the relevant power, and must publish approvals, amendments, or cancellations in the Gazette (reg 6). The Commissioner may issue certificates based on qualifications, experience, or approved course completion; may cancel certificates for good reason or if the person ceases relevant official duties; must give notice and require return of cancelled certificates within 14 days (penalty: $500); and must keep a register (reg 7).

• Authorised persons. Regulation 8 specifically prescribes, for the purposes of section 120 of the Act, that certain people are authorised persons: assessors as defined in the Criminal Injuries Compensation Act 2003 s 3, and members of other Australian State or Territory police forces. This establishes cross‑statutory recognition.

• Execution periods and statutory cross‑references. The Schedule's form notes repeatedly cross‑reference the Act to fix maximum execution periods (search warrants not exceeding 30 days, FP warrants not exceeding 14 days), to require specific inclusions when the applicant is a public officer, and to identify service requirements and warning text where the underlying Act creates offences for non‑compliance (for example, notes to Form 2 re s 53 and s 54, and Form 3 re s 59).

These concepts translate high‑level statutory powers into fixed administrative instruments and instructions. The regulations combine standardisation and limited delegations to create predictable, legally cognisable forms and administrative flows that integrate with the Act’s substantive safeguards.

The regulations create compliance and administrative obligations that affect identifiable groups, and they also create rights and procedural protections for others. The main affected parties are as follows.

• Western Australia Police and individual police officers. Police officers are the primary users of the prescribed forms (Schedule 1) and the executors of warrants and orders. The Schedule’s forms are directed "To All police officers" for search warrants and FP warrants, and regime rules about execution periods and execution details pertain to the officer in charge. Regulation 7(8) allows the Commissioner to delegate certain functions to a superintendent or above, which affects the internal distribution of responsibilities.

• The Commissioner of Police. The Commissioner has express administrative powers and duties under regs 6 and 7: approve, amend or cancel approved courses in writing and publish notices in the Gazette (reg 6); issue, cancel and keep registers of certificates for forensic procedure competence (reg 7). The Commissioner’s role determines training standards for forensic procedures under Part 9 of the Act.

• Magistrates and Justices of the Peace (JPs). The prescribed forms are to be used when an application is made to a magistrate or a JP under the corresponding Act sections. The forms require issuing details and signature space for magistrates and JPs (Schedule 1 forms), so judicial and quasi‑judicial officers are operationally involved in warrant and order issuance.

• People subject to police orders or forensic procedures. Individuals who may be given move on orders, be subject to search warrants, be required to produce business records or data, or be detained for forensic procedures are directly affected. The regulations provide constraints on how consent for move on orders can be given electronically (reg 3A), define when such orders are taken to have been given (reg 3B), and restate Act protections in the forms (for example, warnings that not obeying an order is an offence in Forms 2 and 3).

• Businesses and data custodians. Entities holding business records or data storage devices are affected by the prescribed order to produce business records (Form 2) and data access orders (Form 3). The forms and notes require description of the records or devices, version specification and a reasonable time to comply (notes to Forms 2 and 3 referring to s 53(2)(h) and s 59).

• Health professionals and other qualified practitioners. Persons who perform forensic procedures must be qualified under the Act and certified under reg 7 when required. The forms for FP warrants require recording the name and qualification of the person who does the procedure (Forms 4 and 5 notes).

• External agencies and interstate police. Regulation 8 explicitly brings in assessors under the Criminal Injuries Compensation Act 2003 and members of other States' or Territories' police forces as authorised persons for the purposes of s 120 of the Act, affecting inter‑jurisdictional cooperation and recognition of external personnel.

• Owners of seized property. The seizure notice form (Form 6) affects property owners by placing statutory restrictions on dealing with the seized item and providing contact details for the issuing officer. The notes refer to the Criminal and Found Property Disposal Act 2006 s 10 as the source of the offence for dealing with seized property.

Each of these groups faces specific operational tasks: police must use and keep the forms; the Commissioner must administer course approvals and certificates; magistrates and JPs must complete and sign prescribed forms; businesses must respond to production and data access orders; individuals must understand consent requirements for electronic move on orders; and practitioners must hold and, where required, surrender certificates. The regulations therefore distribute documentary and procedural responsibilities across enforcement agencies, judicial officers, regulated professionals, and the public.

The regulations create duties for officials and obligations on regulated persons, while also articulating certain procedural rights or protections. Below are the principal duties and rights, with references to the specific regulatory provisions and the Schedule.

Duties of the Commissioner of Police

• Act in writing for course approvals and certificates. The Commissioner must make any act under reg 6 in writing (reg 6(1)) and must also act in writing when exercising functions under reg 7 (reg 7(1)).
• Approve, amend or cancel courses, and publish notices. The Commissioner may approve training or study courses that demonstrate competence to exercise a forensic procedure power, may amend or cancel approvals, and must publish any such acts in the Gazette (reg 6(2)-(4)).
• Issue, cancel and register certificates for persons qualified to perform forensic procedure powers. Certificates may be issued based on qualifications, experience, or successful completion of an approved course (reg 7(2)-(3)). The Commissioner keeps a register of certificate holders (reg 7(7)).
• Require return of cancelled certificates. If the Commissioner cancels a certificate, the person must be given notice and must return the certificate within 14 days (reg 7(5)-(6)). Failure to return attracts a specified penalty of a $500 fine (reg 7(6)).

Duties of delegated police officers

• Delegation limitations. The Commissioner may delegate powers under reg 7 other than the power of delegation itself to a superintendent or an officer more senior (reg 7(8)). This sets an internal duty to operate through senior ranks.

Duties on police officers and those executing powers

• Use prescribed forms and include required details. Regulation 4 prescribes the Schedule forms for relevant Act sections. The notes to each form specify mandatory information (for example, “official details” per s 3(1) and the Act’s clause references).
• Observe execution periods and cross‑referenced Act provisions. The Schedule notes restate the Act’s limits: for example, search warrants must be executed within a period not exceeding 30 days (Form 1 note referencing s 42(2)(f)), and FP warrants must be executed within 14 days (Forms 4 and 5 notes referencing relevant Act subsections).
• Service and recording requirements. The forms include fields for service details and execution details, including whether audiovisual recording occurred during a search (Form 1), or that service must comply with s 54 for orders to produce (Form 2 note).

Duties on persons subject to orders

• Produce records and provide assistance. Forms 2 and 3 articulate the duties on addressees to produce specified business records and provide reasonable, necessary assistance for data access (Form 3). The forms include the statutory warning that it is an offence not to obey without reasonable excuse, referencing the Act (Form 2 and Form 3 warning text).

Rights and protections for persons

• Consent and capacity protections for electronic move on orders. Regulation 3A specifies who can validly consent to an electronic move on order, requires physical presence when consent is given (reg 3A(2)), and lists circumstances where consent is not taken to be given (coercion, lack of capacity, language comprehension issues) (reg 3A(4)). These provisions operate as procedural protections for individuals when the police use electronic methods.
• Burden of proof on delivery for electronic orders. Regulation 3B(2) treats an order given by sending it to the electronic address as given at the time of sending unless it is proved that the order was not delivered, placing evidential work on the party asserting non‑delivery.
• Statutory warnings embedded in forms. The forms include warning language that failure to obey certain orders is an offence under the Act or under connected statutes, signalling legal consequences and providing notice to affected persons (Forms 2, 3, and 6).

Administrative duties on third parties

• Data custodian obligations in data access orders. Form 3 orders a person to provide reasonable and necessary assistance to allow the applicant to access, copy or reproduce data; the order must be obeyed by a specified date, and failure without reasonable excuse is an offence (Form 3).

Procedural formality duties

• Forms may be adapted but require attachments for overflow information and prescribed attachment titling (reg 5), ensuring traceability and consistent record keeping.

Together, these duties create an administrative framework for exercising investigatory powers that balances a standardised process (forms, Gazette notices, registers), limited administrative discretion (course approvals, certificates), and procedural protections (consent rules, warnings, evidential burdens). The regulations do not themselves create substantive criminal offences except for the $500 penalty tied to returning cancelled certificates; they frequently reference the Act for criminal liability and time limits.

The regulations primarily operationalise the Act and therefore rely on the Act for most criminal sanctions and enforcement mechanisms. The regulations themselves impose only a narrow, specific penalty and set procedural conditions that affect evidential and enforcement outcomes.

Express penalties in the regulations

• $500 fine for non‑return of a cancelled certificate. Regulation 7(6) prescribes a monetary penalty: a person who is given notice of cancellation of a certificate must return the certificate within 14 days; failure to do so carries a penalty of a fine of $500. This is the sole explicit statutory penalty contained in the regulations text.

Reference to offences in the Act and other statutes

• The Schedule’s forms include statutory warning texts that invoke offences in the Act and other legislation. For example:
  • Form 2 (Order to produce a business record) gives the warning "It is an offence not to obey this order without a reasonable excuse" and notes compliance with the Act s 53 and s 54 (Schedule 1, Form 2).
  • Form 3 (Data access order) contains an identical warning and cross‑references the Act s 59 (Schedule 1, Form 3).
  • Form 6 (Seizure notice) warns that dealing with seized property is an offence under the Criminal and Found Property Disposal Act 2006 s 10 (Schedule 1, Form 6). The substantive penalties for these offences are set in the Act or in the cited statutes, not in the regulations.

Enforcement mechanisms and evidential arrangements

• Execution periods and proof rules. The regulations reinforce execution period limits already present in the Act (for instance, search warrants must be executed within the period specified and the notes remind users that the period must not exceed 30 days , Form 1 note), which can affect enforcement options if a warrant is executed outside the statutory period. For electronic move on orders, reg 3B(2) prescribes an evidential rule: an order sent to an electronic address is taken to be given at the time of sending unless proved otherwise, which affects the burden of proof when compliance or non‑delivery disputes arise.

• Service and recordkeeping as compliance aids. The forms require detailed service and execution entries (Schedule 1 forms), and include fields such as "Search audiovisually recorded? Yes/No" (Form 1), which facilitate documentary proof for enforcement and for defending the legality of actions against procedural challenge.

Administrative enforcement and internal discipline

• Commissioner’s cancellation power and return requirement. The Commissioner may cancel qualifications for forensic procedures and demand return of certificates; the $500 fine applies for non‑return. This creates an internal enforcement tool to preserve the integrity of certification.

Delegation constraints that affect enforcement

• Delegation of certification functions is limited to senior officers (reg 7(8)). The restraint on delegation is an internal control that affects how enforcement of training/certification standards can be operated and audited.

Relationship to Act sanctions

• The regulations do not create new enforcement powers for police; rather, they provide the operational form and procedural rules that interact with the Act’s enforcement provisions. Users must therefore rely on the Act for the substantive penalties attached to disobedience or obstruction. The forms and rules are designed to ensure notice and to generate documentary evidence that supports enforcement under the Act.

In sum, enforcement of investigatory powers remains principally driven by the Act and other statutes referenced in the forms. The regulations supply a single explicit monetary sanction for non‑return of cancelled forensic certificates and supply procedural and evidential scaffolding that affects enforcement and challenge risk.

The regulations operate as subordinate legislation to the Criminal Investigation Act 2006 and explicitly cross‑reference and interact with several other statutes and institutional regimes. The principal interactions set out in the text are the following.

Primary linkage to the Criminal Investigation Act 2006

• The regulations are squarely directed to implementing specific provisions of the Act. Each prescribed form in Schedule 1 is expressly tied to a named Act section: Form 1 (s 42 search warrant), Form 2 (s 53 order to produce a business record), Form 3 (s 59 data access order), Forms 4 and 5 (ss 90 and 100 FP warrants), and Form 6 (s 147 seizure notice). The regulations instruct users to comply with parts of the Act in respect of information to be included on forms, execution periods and service processes (reg 4, Schedule 1 notes).

Cross‑references to the Criminal Injuries Compensation Act 2003

• Regulation 8( a) prescribes that an "assessor as defined in the Criminal Injuries Compensation Act 2003 s 3" is an authorised person for the purpose of s 120 of the Criminal Investigation Act. This cross‑statutory recognition imports a defined class from a distinct statutory regime.

Interaction with interstate and Territory police forces

• Regulation 8(b) prescribes members of the police force of another State or of a Territory as authorised persons under s 120 of the Act, providing the basis for recognition of out‑of‑jurisdiction officers for the limited purposes defined in the Act.

Linkage to the Criminal and Found Property Disposal Act 2006

• Form 6 (Seizure notice) explicitly warns that dealing with seized property is an offence under the Criminal and Found Property Disposal Act 2006 s 10. The regulation thereby creates a nexus between the seizure mechanism under the Criminal Investigation Act and the disposal/handling regime in the separate statute.

Interaction with procedural requirements in the Act

• Many notes in the forms direct users to comply with specific Act subsections when completing forms. Examples include: the need to state which officers may execute a warrant when the applicant is a public officer (Form 1 notes referencing s 43(5)); service modes for orders to produce (Form 2 referencing s 54); and the content and execution periods for FP warrants (Forms 4 and 5 referencing ss 90(6)(g) and 100(5)(g)). These cross‑references make the regulations operationally dependent on the Act’s procedural settings.

Publication requirements

• Regulation 6(4) requires that the Commissioner publish notices of approvals, amendments or cancellations of approved courses in the Gazette. That obligation engages the general public law principle of notice and transparency and interacts with Gazette publication rules external to the Act.

Administrative delegation and rank‑based constraints

• Regulation 7(8) limits delegation of certification functions to superintendents or officers of higher rank, an internal police regulations interaction that interfaces with police organisational hierarchy and likely with Police Regulations more broadly (the compilation table includes a Police Regulations amendment entry related to move on orders, SL 2024/282).

Temporal and amendment relationships

• The compilation table at the end of the document lists amending instruments (2008, 2015, 2021, 2024, 2025, 2026) and their commencement dates, showing the regulations are maintained alongside the Act and subject to periodic amendments. This situates the regulations within the broader legislative development and administrative law context.

Evidential interplay

• Regulation 3B(2) provides an evidential presumption for electronic delivery of move on orders, interacting with common law and statutory evidentiary standards for service and notice. It establishes a statutory rule about timing and delivery subject to proof otherwise.

In total, the regulations function as a practical implementation layer for the Criminal Investigation Act while importing defined classes and substantive offence references from separate statutes. They require coordination with Gazette procedures, police delegation structures, and the evidence and service rules embedded in the Act and related legislation.

The regulations include an explicit compilation table in the text that records amending instruments, their publication references and their commencement dates. The compilation table and inline amendment notations provide the legislative history through to the latest updates recorded in the document. The salient points from the history in the text are:

• Original regulations published as Criminal Investigation Regulations 2007, Gazette 22 June 2007, with most provisions commencing 1 July 2007 (r 2) and regs 1-2 commencing on publication (r 2(a)).

• Criminal Investigation Amendment Regulations 2008, Gazette 13 June 2008 (specific commencement entries: r 1 and 2 on 13 June 2008; other regs on 30 Sep 2008). The compilation table records the 2008 instrument but the regulation text does not identify the content of that amendment; the table documents its effect in the legislative history.

• Criminal Investigation Amendment Regulations 2015, published 26 June 2015, with the majority of provisions commencing 1 July 2015, as indicated in the compilation table.

• Criminal Investigation Amendment Regulations 2021 (SL 2021/21), commencing 12-13 February 2021, with explicit insertion of reg 8 by SL 2021/21 r 4 (see inline note at reg 8: "[Regulation 8 inserted: SL 2021/21 r. 4.]"). That insertion is a discrete amendment we can track: reg 8 prescribes authorised persons and was introduced in 2021.

• Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations 2024 Pt. 2 (SL 2024/282), published 18 December 2024, commenced 20 December 2024. The compilation table references this instrument and there is inline deletion in the Schedule noting Form 1A was deleted by SL 2024/282 (Schedule note: "[Form 1A deleted: SL 2024/282 r. 4.]").

• Criminal Investigation Amendment Regulations 2025 (SL 2025/193), published 26 November 2025 and commencing 1 December 2025 for regulations other than rr 1 and 2. The compilation table and inline note at reg 3 show an amendment: regulation 3 was amended by SL 2025/193 r. 4 (see "[Regulation 3 amended: SL 2025/193 r. 4.]"). In addition, regs 3A and 3B were inserted by SL 2025/193 r. 5 (they bear the note "[Regulation 3A inserted: SL 2025/193 r. 5.]" and "[Regulation 3B inserted: SL 2025/193 r. 5.]"), which is the textual basis for the electronic move on order consent and timing regime (reg 3A and reg 3B). These are clearly modern amendments tied to the move on powers referenced in the 2024 Police Regulations instrument.

• Criminal Investigation Amendment Regulations 2026 (SL 2026/5), published 21 January 2026 and commencing 22 January 2026 for regulations other than rr 1 and 2. The text records "[9. Deleted: SL 2026/5 r. 4.]" showing a deletion of a regulation 9 by the 2026 instrument, though the content of reg 9 is not present in the current compilation.

• The front matter and defined terms include a 2026 copyright and licence notice, implying the compilation is current to at least 2026.

What can be read from this history in the regulations themselves is that recent legislative activity updated operational aspects of the regulations in 2024-2026, specifically in relation to move on orders (2024, 2025) and personnel definitions (2021). The insertion of regs 3A and 3B in 2025 created an explicit statutory layer for electronic move on order consent and timing. The 2021 insertion of reg 8 expanded the class of authorised persons. Deletions and deletions of specific forms (Form 1A) indicate ongoing housekeeping and functional updates to the operational forms.

Readers relying on these regulations should consult the Gazette notices and the amending instruments referenced in the compilation table for the full text and context of each amendment if they require the precise change logs or the rationale recorded at the time of amendment.

The regulation text and the Schedule do not include or cite any judicial decisions, and there is no litigation history recorded within the instrument. The document contains no named cases and provides no references to court interpretations of any regulation provision. The Schedule and compilation table list statutory and regulatory amendments but do not record judicial review, appeals, or specific litigation outcomes.

Therefore, for the purposes of legal research based solely on this instrument, there is no litigation history embedded in the regulations themselves. Practitioners seeking case law on:

• the validity of the prescribed forms;
• the interpretation of reg 3A and reg 3B (electronic move on order consent and timing);
• the Commissioner’s actions under regs 6 and 7; or
• the practical effect of the schedule notes on execution periods and service rules ,

must search external resources, including reported and unreported decisions, administrative tribunals and judicial review proceedings in Western Australian courts, because nothing in the regulations provides precedent citations.

The absence of litigation references here does not indicate that such litigation does not exist; it simply reflects that the instrument is a subordinate regulation and subordinate legislation typically does not include case law. Users should therefore run a case law search on the relevant Act sections and on the discrete regulation provisions (for example, search for decisions addressing electronic service or move on orders where reg 3A and 3B have application) to discover applied judicial interpretation, procedural challenges or evidential rulings that may affect operational usage.

This section highlights specific operational and legal pitfalls embedded in the text of the regulations and Schedule notes that practitioners, compliance officers and officers executing powers should not overlook.

• Consent for electronic move on orders requires physical presence. Regulation 3A(2) mandates that both the police officer and the person receiving the order must be in one another’s physical presence when consent to an electronic move on order is given. This means remote interactions where the officer and person are not co‑present cannot rely on the electronic consent regime even if an electronic address is provided.

• Giving personal details under s 27(4) is not consent. Regulation 3A(3) explicitly states that a person does not give consent for an electronic move on order merely because they provide personal details after a request under s 27(4). Operationally, officers must secure an affirmative indication of consent as allowed by reg 3A(1) (writing, oral, non‑verbal actions), not infer consent from routine identity collection.

• Consent can be invalidated by coercion, capacity or language limits. Regulation 3A(4) lists discrete conditions where consent is taken not to be given: coercion or pressure; incapacity (including physical or mental disability, illness or impairment); and limited understanding of the language used in communications about consent. Officers must assess and record capacity and freedom from coercion when relying on electronic delivery.

• Timing and proof for electronic delivery. Regulation 3B(2) treats an order sent to the electronic address as taken to be given at sending time unless it is proved it was not delivered. That creates an evidential presumption of delivery; recipients contesting delivery must produce evidence of non‑delivery.

• Forms must follow statutory cross‑references and execution periods. The Schedule’s notes remind users that execution periods must not exceed statutory maxima (search warrants: not more than 30 days , Form 1 note; FP warrants: not more than 14 days , Forms 4 and 5 notes). A warrant executed outside the statutory window risks being procedurally defective and open to challenge.

• Attachments must be titled correctly. Regulation 5(2) requires that if an item does not have enough space, the form must state "See attachment [number]" and the attachment be titled "Attachment [number] , [name of the item]". Failure to follow this titling requirement could complicate admissibility and chain of custody because prescribed forms are the accepted record.

• Commissioner’s cancellation mechanism includes a small monetary enforcement. If a certificate for forensic procedures is cancelled, the person must return it within 14 days; the only explicit statutory penalty for non‑compliance is a $500 fine. The modest penalty may be insufficient as a practical deterrent to deliberate non‑return, which is a design consideration for administrative control.

• Delegation limits focus authority at senior ranks. Regulation 7(8) allows delegation for certification functions only to superintendents or higher. This can create bottlenecks in operational settings where certifying and decertifying needs are frequent, and it concentrates both authority and liability at higher ranks.

• Prescribed authorised persons list is narrow but includes interstate police. Regulation 8 prescribes assessors under the Criminal Injuries Compensation Act and police from other States/Territories as authorised persons for s 120 purposes. Practically, that means some external actors are statutorily recognised; however, other external professionals are not automatically authorised by the regulation text and would require separate authority under the Act or other arrangements.

• The regulations are subordinate to the Act for criminal penalties. The warning texts embedded in forms refer to offences in the Act or other statutes. Users must consult the substantive Act provisions for exact offence elements and penalties; the regulations themselves do not define those substantive criminal offences.

• Publication and notice timing. Approvals, amendments and cancellations of courses must be published in the Gazette (reg 6(4)). Gazette publication timelines can create lags between administrative decision and public notice, affecting when a course approval or cancellation takes practical effect for participants and employers.

• No litigation guidance in the instrument. The regulation does not include judicial interpretation or precedent. Users should not rely on the instrument alone for procedural strategy in contested matters without consulting case law and commentary.

These gotchas are concrete operational points arising from the text and should be treated as mandatory procedural constraints or evidential considerations rather than interpretive suggestions.

This section sets out practical, text‑grounded steps and controls for agencies, practitioners and third parties to align conduct with the regulations. The advice is rooted in the express wording of the regulations and the Schedule notes.

For police and executing officers

1. Use prescribed forms and follow the notes. Always use the Schedule 1 forms for the corresponding Act sections (reg 4). Complete all items that are required by the Act and the form notes, including "official details" per the Act's s 3(1), and ensure the issuing magistrate or JP signs in the appropriate field.

2. Observe execution periods. Check the Act and the form notes before execution: search warrants must be executed within the period not exceeding 30 days (Form 1 note referencing s 42(2)(f)); FP warrants must be executed within 14 days (Forms 4 and 5 notes). Where the form has a blank "This warrant must be executed within __ days", ensure the date inserted complies with the statutory maximum.

3. Record service and execution details carefully. Complete the service details on Forms 1-5 and log audiovisual recording decisions during searches as required by Form 1. These records support proof of proper procedure and are required by the forms.

4. Attachment protocol. If more space is required for any item, insert "See attachment [number]" in the form item and attach a separately titled document "Attachment [number] , [name of the item]" (reg 5(2)). This makes the attachment an identifiable part of the prescribed form.

For officers using electronic move on orders

1. Obtain affirmative consent in physical presence. Secure consent by one of the methods specified in reg 3A(1) , written, oral, or non‑verbal actions , and ensure the consenting person and the police officer are physically present together (reg 3A(2)). Do not treat provision of personal details as consent (reg 3A(3)).

2. Assess capacity and absence of coercion. Before relying on electronic delivery, document an assessment confirming the consenting person was not coerced, had capacity, and understood the language used in communications about consent, in light of reg 3A(4).

3. Preserve evidence of sending and delivery. For timing and proof under reg 3B(2), keep records showing the time the order was sent to the specified electronic address and any delivery receipts, so that the presumption of delivery can be relied upon or rebutted if challenged.

For the Commissioner and training administrators

1. Make approvals in writing and Gazette notices. Any approval, amendment or cancellation of a course must be done in writing and published in the Gazette (reg 6(1)-(4)). Keep a clear file trail of written decisions and evidence of Gazette publication.

2. Issue and manage certificates in writing. When issuing or cancelling certificates under reg 7, document the decision in writing, state whether the certificate is general or limited in scope, notify the holder upon cancellation, and require return of the certificate within 14 days (reg 7(2)-(6)).

3. Maintain the register. Keep and regularly update the register of persons who have certificates as required by reg 7(7). Ensure records include the certificate terms and any limits.

4. Control delegation. Where delegating functions under reg 7, ensure the delegate is at least a superintendent or of higher rank (reg 7(8)). Keep delegation records and ensure senior officers are trained in the certification rules.

For magistrates and JPs

1. Ensure forms and statutory specifics match the application. When receiving applications and issuing warrants, check that the prescribed form’s fields are filled in as required by the Act. For example, when the applicant is a public officer, make sure the form includes the reference to which officers can execute the warrant (Form 1 note referencing s 43(5)).

2. Verify execution period entries. Ensure the period specified on the warrant form complies with the Act’s maximum periods. Signing a warrant that exceeds the statutory period risks invalidity.

For businesses and data custodians

1. Respond to orders promptly and with specificity. If served with an order to produce business records (Form 2) or a data access order (Form 3), check the description of records, the version requested and the date for compliance, and ensure the time allowed is reasonable per s 53(2)(h). If the order is ambiguous, seek clarification or judicial review rather than non‑compliance.

2. Record service and obtain legal advice on scope. Preserve the copy of the order and service details and seek legal advice about the scope of production and legitimate claims of privilege or reasonable excuse before refusing or delaying compliance.

For healthcare professionals and those who perform forensic procedures

1. Hold and maintain certificates where required. If a practitioner is to exercise forensic procedure powers, confirm whether they must hold a certificate under reg 7 and whether the certificate includes specified limits. Maintain evidence of qualifications, experience and course completion.

2. Record who performed the forensic procedure. Forms 4 and 5 require the full name(s) and qualifications of the person who did the procedure. Ensure contemporaneous records meet these form requirements.

For property owners and the public

1. Take seizure notices seriously. If a seizure notice is attached (Form 6), do not lease, sell, transfer, mortgage, give away, move, use, destroy, or otherwise deal with the property without a court order or proper authorisation as the notice demands. The notice cites the relevant offence under the Criminal and Found Property Disposal Act 2006 s 10.

General compliance and audit actions

1. Train staff in the forms and rules. Provide training to those who prepare, sign, serve or execute the prescribed forms, including the attachment protocol and the consent rules for electronic move on orders, so that errors that could undermine enforcement are minimised.

2. Keep robust audit trails. Retain the completed forms and attachments, any written approvals or cancellations of courses, certificate registers, the Gazette notices, and sending/delivery evidence for electronic orders. These records are the primary defence against procedural challenge.

3. Consult the Act for penalties and broader rights. The regulations supply forms and procedural rules but not all substantive offences or remedies. For potential criminal liability or contestation, review the relevant sections of the Criminal Investigation Act 2006 and any referenced statutes (for example, the Criminal and Found Property Disposal Act 2006) to understand the legal consequences of non‑compliance.

Following these steps aligns operational practice with the regulatory text, and creates documentary evidence to demonstrate compliance with the procedures that the regulations prescribe.