Criminal Organisations Control Regulations 2013

The Regulations introduce and clarify a compact set of administrative concepts that serve to operationalise several functions of the Act. The main concepts are custody and controlled access to declaration records, nomination of the registrar, prescribed activity for the purpose of s 80 of the Act, public inspection point for the register, corresponding laws across jurisdictions, and the procedural content required for registration of interstate declarations and interstate control orders.

Custody and access: reg 4(1) places custody of the records of declaration proceedings, after completion, with the Police Force of Western Australia. Access to those records is not open by default. Reg 4(2) requires written permission from the Commissioner of Police or an authorised senior police officer before any person may access those records. Reg 4(3) lists the possible forms that permission may encompass: access to particular records, searching of some or all records, inspection, and copying. The Regulations therefore establish a permissioned regime rather than a public archive for these particular records.

Registrar nomination: reg 3 nominates the Principal Registrar of the Supreme Court under s 7(5) of the Act as the registrar with whom an application for a declaration that an organisation is a criminal organisation must be lodged. The nomination ties the procedural gateway for declarations to a named officer of the Supreme Court rather than leaving that nomination to an unspecified official.

Prescribed activity: reg 5 declares that, for the purposes of the Act’s definition of prescribed activity in s 80(1), any activity required to be licensed under the Debt Collectors Licensing Act 1964 is a prescribed activity. This creates a direct cross-reference tying a category in the Act to an external licensing regime administered under separate legislation.

Public inspection point: reg 6 mandates the place where information on the register must be made publicly available free of charge under s 114 of the Act: the Perth Police Centre, 2 Fitzgerald Street, Northbridge WA 6003. The Regulations therefore specify a single physical location for public access to register information.

Corresponding laws: reg 7 lists the provisions in other Australian jurisdictions that are to be treated as corresponding laws for s 118 of the Act. The list identifies particular sections in the NSW Crimes (Criminal Organisations Control) Act 2012, SA’s Serious and Organised Crime (Control) Act 2008, Queensland’s Criminal Organisation Act 2009, Victoria’s Criminal Organisations Control Act 2012, and the Northern Territory’s Serious Crime Control Act. These identifications are precise: each corresponding provision is cited with the section number that operates as the corresponding declaration or control-order provision.

Interstate registration procedures: regs 8 and 9 set out the required content of the written request to the registrar for registration of interstate declarations (reg 8) and interstate control orders (reg 9). Required content includes the name of the respondent, specific statements confirming that certain bars do not apply (references to s 120 and s 134 of the Act), statements confirming that preconditions have been established (references to s 121 and s 135(1) of the Act), and either the date of expiry of the interstate declaration or a statement that it is indefinite (reg 8(1)(d)). For interstate control orders, reg 9(1)(d) requires a statement about whether adaptation or modification is necessary and details of any required changes. Both regs require the written request to be accompanied by the affidavits specified in the Act (reg 8(2); reg 9(2)).

Form and renewal: reg 10 prescribes the form for renewal applications of registered interstate control orders as Schedule 1 Form 1. The form template lists the originating jurisdiction and section, registration date, expiry date, an express statement that this is an application to renew, and requires the affidavit required by s 143(2)(c) of the Act. The form requires the signature of the Commissioner of Police or delegate.

Together these concepts convert statutory rules into concrete administrative processes, allocating responsibility for custody and access to police, prescribing a physical place for public inspection, synchronising part of the Act’s definitions with an external licensing regime, and fixing the documentary form and minimum content for interstate instrument registration and renewal.

The Regulations identify and materially affect a limited set of institutional actors, individuals associated with those institutions, and classes of private actors by reference to external licensing regimes. The principal affected parties and the functions imposed on them are as follows.

Police Force of Western Australia: reg 4(1) assigns custody of the records of declaration proceedings to the Police Force once the particular proceedings are complete. That places operational responsibility and physical custody with the police as an institution. Police therefore control access to those completed declaration records, and must maintain any processes needed to respond to access requests.

Commissioner of Police and authorised senior police officers: reg 4(2) makes the Commissioner of Police (or a senior police officer authorised by the Commissioner) the gatekeeper for access to the declaration records. These officers decide whether particular persons may access, search, inspect or copy those records. The Commissioner or a delegate also appears on the renewal form as the signatory required to apply for renewal of registration of an interstate control order (Schedule 1 Form 1 signature block).

Principal Registrar of the Supreme Court: reg 3 nominates the Principal Registrar as the registrar under s 7(5) of the Act with whom an application for a declaration must be lodged. The nomination directs where applications are to be filed and which court officer is the procedural point of receipt for declaration applications.

Applicants seeking registration of interstate declarations or interstate control orders: regs 8 and 9 identify the persons required to prepare and lodge written requests and required affidavits with the nominated registrar. The form in Schedule 1 shows the Commissioner of Police or a delegate as the signatory for a renewal application. Applicants therefore include state police officers and those authorised to act on the police force’s behalf in proceedings under the Act, and potentially other authorised officers pursuant to the Act’s broader structure.

Respondents: the application content required in regs 8 and 9 requires the applicant to provide the name of the respondent. The regulations thus implicate private persons and organisations who are the subject of declarations or control orders originating interstate. The specific content required has consequences for how those respondents are identified and how the registration process is documented.

Persons seeking access to records of declaration proceedings: reg 4(2) and (3) affect any person who wishes to inspect, search or copy records of declaration proceedings. Such persons must obtain written permission from the Commissioner or authorised senior police officer and the permission may be limited to particular records, searching, inspection, or copying.

Entities carrying on activities licensed under the Debt Collectors Licensing Act 1964: reg 5 makes any activity required to be licensed under the Debt Collectors Licensing Act 1964 a prescribed activity for the Act’s s 80(1). Organisations involved in debt collection that fall within that licensing regime are therefore brought within the Act’s scope in the context where the Act references "prescribed activity". The Regulations thus reach a class of commercial actors by reference to licensing status under another statute.

Members of the public: reg 6 designates the Perth Police Centre as the place where the Commissioner must make the register information publicly available free of charge. Members of the public wishing to view register information are therefore directed to that physical location.

Registrars and administrative staff: the procedural regime in regs 8, 9 and 10 imposes documentary requirements on registrars who accept and process applications for registration of interstate instruments and renewals. The nomination of the Principal Registrar focuses those procedural flows into the Supreme Court registry.

Other jurisdictions and their statutory officers: reg 7 names specific provisions in NSW, SA, Queensland, Victoria and the Northern Territory as corresponding laws. That affects interstate cooperation by specifying which foreign statutory instruments are treated as corresponding for registration and enforcement purposes under s 118.

The Regulations therefore allocate decisions and burdens primarily to police personnel (custody and permission for access; signature on renewals), the Principal Registrar (filing), and applicants (preparing statements and affidavits). They bring particular private-sector actors into the Act’s definitional scope by cross-reference to the Debt Collectors Licensing Act. The public’s ability to inspect register information is limited to a single, specified Police Centre location.

The Regulations create a compact set of administrative duties and rights, most of which operate as procedural obligations or entitlements under the Act as implemented here. Each duty or right is grounded in a specific regulation.

Duties imposed

• Custody duty on Police Force: reg 4(1) creates a duty for the Police Force of Western Australia to hold custody of records of declaration proceedings once those proceedings are complete. That is an ongoing administrative obligation to retain and control access to those records.

• Permission duty of Commissioner/senior officer: reg 4(2) imposes a duty on the Commissioner of Police or a senior police officer authorised by the Commissioner to determine and grant (or deny) written permission for access to the records. The Commissioner or authorised senior officer must provide written permission before access is permitted.

• Specification of permitted forms of access: reg 4(3) requires that, if permission is granted, it may be stated to apply to particular records, to allow searching of some or all records, to permit inspection, and/or to permit copying. This circumscribes how permission can be framed and obliges the decision-maker to state the scope in those terms.

• Registrar nomination duty: reg 3 nominates the Principal Registrar of the Supreme Court as the registrar under s 7(5) of the Act. That creates a duty for applicants to lodge declaration applications with that nominated registrar.

• Application content duties: regs 8(1) and 9(1) impose duties on applicants seeking registration of interstate declarations or control orders. An application must be a written request to the registrar setting out: the name of the respondent (reg 8(1)(a); reg 9(1)(a)); statements confirming that specified bars do not apply (reg 8(1)(b) and reg 9(1)(b)); statements that preconditions have been established (reg 8(1)(c) and reg 9(1)(c)); and in the case of interstate declarations a statement of expiry or indefinite duration (reg 8(1)(d)), or in the case of interstate control orders a statement about adaptations or modifications required for effective operation in WA (reg 9(1)(d)). Those written requests must be accompanied by the affidavits required by the relevant Act sections (reg 8(2); reg 9(2)).

• Use of prescribed form for renewal: reg 10 prescribes that the form for an application to renew registration of an interstate control order under s 143 is Schedule 1 Form 1. Applicants seeking renewal must use that form and attach the required affidavit (Schedule and reg 10).

Rights established or recognised

• Right to apply for registration and renewal: the Regulations preserve the ability to apply for registration of interstate declarations and control orders by setting out the content and form of such applications. They therefore give applicants a clear procedural route to register interstate instruments (regs 8-10 and Schedule 1).

• Right to public inspection of register information: reg 6 provides for the Commissioner of Police to make the register information publicly available free of charge at the Perth Police Centre. This creates a right of public access to register information at a stated location without charge.

• Right to seek access to declaration records subject to permission: reg 4(2) recognises that persons may seek access to records of declaration proceedings, but conditions that right on obtaining written permission from the Commissioner or authorised senior officer. Reg 4(3) clarifies the scope of access that may be permitted.

Observable limits and constraints

• Permissioned access rather than open access: the Regulations do not establish an entitlement to access declaration records as of right; access is contingent on written permission from the Commissioner or authorised senior officer (reg 4(2)). The Commissioner’s discretion is therefore pivotal.

• Single public inspection point: public access to the register is constrained to a named physical location; the Regulations do not provide for multiple access points or alternative free-of-charge modes (reg 6).

• Cross-legislative dependency: reg 5 makes the Debt Collectors Licensing Act 1964 relevant to the Act’s application by declaring that activities requiring a licence under that Act are prescribed activities for s 80(1). This creates an interdependence between separate regulatory regimes that affects the rights and duties of debt-collection actors.

• Procedural completeness requirement: the formulation of regs 8 and 9 implies that an application missing the required statements or the statutory affidavits will not meet the procedural content prescribed. The Regulations therefore create a duty on applicants to include specified material and a consequent procedural right for the registrar to expect that material.

In short, the Regulations allocate custody and control of records to police, make the Commissioner the principal gatekeeper for access, nominate a specific court registrar for declaration filings, prescribe required elements and affidavits for interstate registration and renewal, and fix a single public inspection point for register content. They create procedural duties on applicants and administrative duties on police and court registrars, while recognising limited rights of public access subject to the Regulations’ constraints.

The Regulations themselves do not create substantive criminal offences, penalty amounts, or direct enforcement powers. They are procedural and administrative in character. The text contains no penalty provisions and does not specify sanctions for non-compliance with the Regulations’ procedural prescriptions. The enforcement mechanisms reflected in the Regulations are therefore administrative and documentary rather than punitive as enacted here.

What the Regulations do specify that is relevant to enforcement and administrative control is the following.

• Custody and control: reg 4(1) places custody of completed declaration records with the Police Force of Western Australia. This allocates the practical means of control and preservation of such records to the police. The Police Force, as custodian, is the entity that will implement access decisions and retain the records that could be used in any later enforcement or evidentiary work.

• Gatekeeping power: reg 4(2) gives the Commissioner of Police, or a senior police officer authorised by the Commissioner, the exclusive power to grant written permission for access to the records. That gatekeeping power is an administrative control that determines who may inspect, search or copy records. The form and scope of permission may be stated (reg 4(3)), which gives the Commissioner a mechanism to limit access without recourse to remedies or sanctions in the Regulation text.

• Procedural preconditions for registration and renewal: regs 8 and 9 require that the written request for registration of interstate declarations or control orders set out certain statements and be accompanied by affidavits required by the Act. Reg 10 prescribes the renewal application form and the accompanying affidavit required by s 143(2)(c) of the Act. Failure to provide the stipulated statements and affidavits will render an application procedurally defective, though the Regulations do not stipulate in themselves the consequence for defective applications; those consequences would flow from the Act’s provisions and procedures which are not reproduced in these Regulations.

• Public inspection obligation: reg 6 obliges the Commissioner of Police to make the register information publicly available free of charge at the Perth Police Centre. The obligation to make information publicly available creates an administrative duty, and failure to fulfil that duty would be a non-compliance with the Regulations, but no penalty is specified within the Regulations.

Absent express penal or enforcement provisions in the Regulations, enforcement (including any sanctioning for non-compliance with the Act’s substantive regime) will depend on the Act itself and how its enforcement provisions are framed. The Regulations implement and facilitate administration of the Act’s processes but do not prescribe criminal penalties or enforcement instruments. Any punitive consequences for contraventions of orders, declarations or substantive offences remain matters for the Act and related offences or procedural rules that are not contained in the Regulations text provided.

The Regulations operate by cross-reference to both the Criminal Organisations Control Act 2012 and several external statutes across jurisdictions. They therefore function as connectors between the Act and other laws, giving concrete effect to certain cross-legislative relationships. The interaction points are explicit in the Regulations.

Cross-reference to the Act: every procedural requirement in regs 3, 4, 5, 6, 8, 9 and 10 is expressed with reference to specific sections of the Act. For example, reg 3 nominates the Principal Registrar under s 7(5) of the Act; reg 4 implements s 32 by dealing with custody and access to records of declaration proceedings; reg 5 implements the definition of prescribed activity in s 80(1); reg 6 implements s 114 by fixing the place for public inspection of register information; reg 7 implements the definition of corresponding law in s 118; regs 8 and 9 implement the application procedures contemplated by s 119 and s 133 respectively; reg 10 implements s 143. The Regulations therefore operationalise how those Act provisions are to be performed administratively.

Connection to the Debt Collectors Licensing Act 1964: reg 5 expressly adopts, for the Act’s s 80(1), any activity that requires a licence under the Debt Collectors Licensing Act 1964 as a prescribed activity. That ties the Act’s scope to the licensing regime under that separate piece of legislation. Consequently, persons or organisations that by law must be licensed as debt collectors are pulled into the Act’s prescribed-activity framework without the Act itself enumerating those activities. This interaction means that a change to what activities require a licence under the Debt Collectors Licensing Act 1964 could affect who falls within the Act’s prescribed-activity definition, subject to amendment or reinterpretation of either statute.

Inter-jurisdictional recognition and registration: reg 7 lists specific provisions in NSW, SA, Queensland, Victoria and the Northern Territory as corresponding laws for s 118. Those designations are precise and limited to particular sections marked as declaration or control-order provisions. The practical effect is that interstate declarations and control orders arising under those cited provisions can be treated for registration purposes under the WA Act, subject to the Act’s registration procedures and the documentary requirements specified in regs 8 and 9. The Regulations therefore create a bridge for recognition and administrative registration of interstate instruments originating under the listed sections.

Requirements for interstate registration: regs 8 and 9 set out how to make an application to register an interstate declaration or an interstate control order in WA. They require specific statements indicating that certain exclusions or preconditions (as enumerated in the Act at s 120, s 121, s 134 and s 135(1)) have been addressed. They also require the affidavits that the Act stipulates (reg 8(2); reg 9(2)). Reg 9(1)(d) requires a statement on whether adaptation or modification is required for effective operation in WA, and details of such adaptation or modification. These procedural requirements interact with interstate adjudicative outcomes by prescribing the form and evidentiary material needed to import those outcomes into WA.

Form interaction: reg 10 and Schedule 1 give a prescribed form for renewal of registered interstate control orders that expressly names the originating statutes and sections (Schedule 1 Form 1 lists NSW, SA, Queensland, Victoria and NT provisions). That form therefore synchronises WA’s administrative process with the structure of those other jurisdictions’ instruments.

Limitations of interaction: the Regulations do not amend the external statutes they reference, nor do they create obligations under them. They do not contain provisions directing how courts in other jurisdictions should behave. Their function is limited to declaring how WA will treat certain activities and instruments, how it will store and permit access to records, and how it will receive applications for interstate registration. The substantive consequences, including offences or penalties for contravening declarations or control orders, remain governed by the Act and the originating jurisdictions’ laws.

In summary, the Regulations interact with other laws by (1) adopting licensing-based definitions from the Debt Collectors Licensing Act 1964, (2) fixing which interstate statutory provisions count as corresponding laws for the purposes of registration and recognition, and (3) setting the documentary and form-based interfaces by which interstate instruments are registered and renewed in WA. They are administrative instruments that implement the Act’s cross-jurisdictional and cross-legislative mechanics.

The Regulations include a compilation table in the Notes that records their original gazettal and commencement particulars. The compilation table states the following.

• Citation and gazettal date: The instrument is cited as the Criminal Organisations Control Regulations 2013. It was gazetted on 1 November 2013 (1 Nov 2013 p. 4929-39).

• Commencement: Regulations 1 and 2 (the citation and commencement provisions) commenced on 1 November 2013 (the date of Gazette publication). The remaining regulations (i.e. regulations other than 1 and 2) commenced on 2 November 2013, which the compilation table aligns with s 4 of the Act coming into operation (see reg 2(b) and the Gazette reference).

• No further amendments recorded in the notes: the compilation table supplies only the initial gazettal and commencement details. There are no amendment entries, amending instruments, or subsequent consolidation notes contained in the Regulations’ Notes section as supplied. The Schedule and Form elements are presented as part of the original instrument.

Practical consequence: based on the Regulations’ own notes, the instrument entered into force in November 2013 and the present text reflects that original enactment and its commencement pattern. The Regulations do not display internal amendment annotations or later dates indicating subsequent modification. Any changes to the procedural details set out in these Regulations would therefore be found in later amending instruments or consolidated versions not included in the text supplied. The Regulations themselves include the Schedule 1 form as enacted and no later replacement forms are recorded in the Notes.

Users relying on these Regulations should therefore verify against the current consolidated WA legislation database or the Gazette to ensure there have been no subsequent amendments after the dates shown in the compilation table. The compilation table provides the initial history but does not indicate any post-enactment alterations.

The Regulations do not record any litigation history. There are no cases, judicial decisions, or references to litigation outcomes contained in the text provided. The instrument is administrative and procedural in nature and does not itself set out any judicial clarifications or appeals decisions.

What is observable from the Regulations is the following:

• No in-text case citations: the Regulations contain no references to judicial decisions, and the Schedule and forms do not mention precedent cases. The list of corresponding laws in reg 7 is a statutory cross-reference list and does not constitute litigation history.

• No recorded challenges or appellate outcomes: the Notes and compilation table reproduce only the gazettal and commencement information. They do not record litigation, voiding, or amendment resulting from judicial review or other adjudication.

• Practical implications: if a practitioner requires information about any litigation involving the application of the Criminal Organisations Control Act 2012, the Regulations do not provide that material. Any litigation history relevant to the Act’s operation, to the Registrar nomination, to custody of records, or to the treatment of prescribed activities would have to be sourced from case law databases, court registries, or consolidated legislation notes external to this instrument.

Given the absence of any litigation references here, readers should treat the Regulations as an administrative implementation instrument and seek judicial authorities relating to the Act or disputes about the administration of these processes from external legal research resources. The Regulations themselves supply no litigation narrative or reported decision material.

The Regulations contain a number of practical and procedural traps that practitioners and affected parties should mind. These are not legal judgments but direct inferences from the mechanics the Regulations prescribe.

1. Access to declaration records is permissioned and controlled by the Police Commissioner: reg 4(2) makes written permission from the Commissioner of Police or an authorised senior police officer a precondition to any access. There is no statutory entitlement to inspect by default. Requests will be processed at the discretion of police and can be narrowly framed (reg 4(3)). Practitioners should therefore prepare to apply in writing to the Commissioner and to justify why particular records should be made accessible. Expect limitations and conditions.

2. Custody rests with the Police Force, not the court registry: reg 4(1) transfers custody of completed declaration records to the Police Force. Requests directed to the court, the registrar, or other agencies will likely be misdirected. The procedural pathway for access is via the Commissioner or their authorised officers.

3. The Principal Registrar is the nominated registrar for declaration applications: reg 3 specifies the Principal Registrar of the Supreme Court as the registry contact under s 7(5) of the Act. Lodgement should therefore target that office. Filing at other registries or with other court officers risks non-compliance with the prescribed nomination.

4. Prescribed activity definition reaches debt-collection activity: reg 5 brings within s 80(1)’s prescribed activity any activity that requires a licence under the Debt Collectors Licensing Act 1964. Commercial actors involved in debt collection should be aware that they are explicitly caught by the Act’s prescribed-activity concept as implemented in these Regulations.

5. Public inspection location is single and physical: reg 6 requires the Commissioner to make register information available free of charge at the Perth Police Centre. There is no parallel provision for online publication, postal access or regional access points in the Regulations. Parties outside Perth should plan logistics for physical inspection or seek permission for alternative arrangements from police.

6. Applications for interstate registration require specified written statements and affidavits: regs 8(1) and 9(1) require particular statements about the named respondent, whether particular statutory bars apply, that preconditions have been established, expiry information or adaptation/modification details. Those written requests must be accompanied by the affidavits the Act requires (regs 8(2) and 9(2)). An application that omits these elements risks being procedurally defective.

7. Adaptation/modification requirement for interstate control orders: reg 9(1)(d) requires a statement on whether the interstate order needs adapting or modifying for effective operation in WA. That means applicants must consider and document jurisdictional differences and the practical operation of the order within WA. Failure to address adaptation could delay registration.

8. Renewal must use the prescribed form and include an affidavit: reg 10 and Schedule 1 require the use of the specified form for renewing registration of interstate control orders and the attachment of the affidavit required by s 143(2)(c). The form requires the Commissioner of Police or delegate to sign. Practitioners should not substitute different forms.

9. No fees or timeframes in the Regulations: the Regulations do not specify filing fees, statutory timeframes for processing applications, or timelines for decisions on access requests. Those matters, if relevant, will be governed by the Act or other administrative rules not reproduced here. Applications should therefore not assume fee-free filing beyond the register inspection being free of charge per reg 6.

10. Narrow list of corresponding laws: reg 7 specifies which interstate provisions are treated as corresponding laws for s 118. Only the listed sections count for purposes of registration and recognition under the Act as implemented here. Instruments from other jurisdictions or other sections may not be treated as corresponding unless separately designated.

11. Signature requirement on the renewal form: Schedule 1 Form 1 requires the signature of the Commissioner of Police or delegate. Practitioners should ensure that the signatory is properly authorised and that the affidavit required by s 143(2)(c) is attached, failing which the renewal application may be incomplete.

12. No on-the-face remedy for refusal of access or refusal to register: the Regulations empower police and require certain documentation without specifying appeal routes or remedies. Practitioners needing to challenge a denial of access or a registration decision will need to look to the Act or judicial review avenues, which are not set out in these Regulations.

These operational points are derived from the Regulations’ wording. They should guide practical filing, evidence preparation and communications with police and the nominated registrar. Addressing them in advance reduces the risk of procedural rejection or delay.

Below are concrete compliance steps for the principal actors identified by the Regulations, strictly grounded in the text of the instrument. The steps are organised by role: applicants seeking registration or renewal, persons seeking access to records of declaration proceedings, the Commissioner and authorised officers, and registrars/court staff.

For applicants seeking registration of an interstate declaration (reg 8)

1. Prepare a written request to the Registrar (Principal Registrar of the Supreme Court, as nominated under reg 3). The written request must set out:

   • the name of the respondent (reg 8(1)(a)),
   • a statement that none of the matters in paragraphs (a) to (c) of s 120 of the Act apply in relation to the application (reg 8(1)(b)),
   • a statement that all the preconditions applicable under paragraphs (a) to (c) of s 121 of the Act have been established (reg 8(1)(c)),
   • either the date on which the interstate declaration will cease to be in force in the originating jurisdiction, if not revoked sooner, or a statement that under the originating jurisdiction’s law it will remain in force for an indefinite period (reg 8(1)(d)).

2. Attach the affidavit required by s 119(2) of the Act to the written request (reg 8(2)). Ensure the affidavit addresses the matters the Act requires.

3. Lodge the written request and affidavit with the Principal Registrar of the Supreme Court (reg 3).

For applicants seeking registration of an interstate control order (reg 9)

1. Prepare a written request to the Registrar that includes:

   • the name of the respondent (reg 9(1)(a)),
   • a statement indicating that none of the matters in s 134(a) or (b) of the Act apply (reg 9(1)(b)),
   • a statement that all of the preconditions applicable under s 135(1)(a)-(c) have been established (reg 9(1)(c)),
   • a statement indicating whether the order needs adaptation or modification for effective operation in WA and details of any required adaptation or modification (reg 9(1)(d)).

2. Attach the affidavits and any further statements required by s 133(2) of the Act (reg 9(2)).

3. Lodge the package with the Principal Registrar of the Supreme Court (reg 3).

For applicants renewing registration of an interstate control order (reg 10 and Schedule 1)

1. Use Schedule 1 Form 1 as the prescribed form for an application to renew registration under s 143 (reg 10; Schedule 1 Form 1).

2. Complete Form 1 with the registration number, origin statute and section, date of registration, expiry date of the registration, and a clear statement that the application is to renew the registration. Attach the affidavit required by s 143(2)(c) of the Act (Schedule 1 Form 1).

3. Ensure the form is signed by the Commissioner of Police or a delegate (Schedule 1 Form 1 signature block).

4. Lodge the completed form and attached affidavit with the Principal Registrar.

For persons seeking access to records of declaration proceedings (reg 4)

1. Do not assume open access. Prepare a written application for permission addressed to the Commissioner of Police.

2. Request written permission from the Commissioner of Police or a senior police officer authorised by the Commissioner (reg 4(2)).

3. In the permission request, indicate clearly the scope of access you seek and how it corresponds to the options identified in reg 4(3): access to particular records, searching of some or all records, inspection of the records, and/or copying of particular records.

4. Await written permission. If permission is granted, comply strictly with any scope limitations the Commissioner states.

For the Commissioner of Police and authorised senior officers

1. Maintain custody and secure storage of records of declaration proceedings once those proceedings are complete (reg 4(1)).

2. Have processes in place to receive, consider, and document written requests for access to those records, and to issue written permissions as appropriate (reg 4(2) and (3)).

3. Ensure the public inspection obligation under reg 6 is fulfilled by making register information publicly available free of charge at the Perth Police Centre, 2 Fitzgerald Street, Northbridge WA 6003.

4. For renewals, ensure that the Commissioner or an authorised delegate is available to sign Schedule 1 Form 1 and that the requisite affidavit per s 143(2)(c) accompanies the form.

For the Principal Registrar and court registry staff

1. Receive and record applications for declarations lodged with the nominated registrar as per reg 3.

2. Process written requests for registration of interstate declarations and interstate control orders that meet the content requirements in regs 8 and 9, ensuring the requisite affidavits accompany the written requests (regs 8(2) and 9(2)).

3. Maintain administrative records of lodgement dates and the documentation lodged, as the Regulations mandate particular documentary contents.

For organisations and individuals affected (including debt collectors)

1. If carrying on any activity that requires a licence under the Debt Collectors Licensing Act 1964, recognise that reg 5 treats that activity as a prescribed activity under the Act’s s 80(1). Review whether any obligations under the Act or administrative processes might apply in that context.

2. If named as a respondent to an interstate instrument, be prepared for registration procedures to be initiated in WA under the forms and statements required by regs 8, 9 and 10.

General practical notes

• The Regulations do not specify fees or time limits for processing applications. Check the Act and other administrative instruments for timeframes and fee schedules before assuming any deadlines or charges.

• Use the exact form where prescribed. For renewal of registered interstate control orders the Schedule 1 Form 1 is mandatory under reg 10.

• For interstate orders, consider and document any adaptations or modifications required for the order to operate in WA. The applicant must state whether adaptation is required and supply the adaptation details (reg 9(1)(d)).

• For public inspection, ensure logistics for accessing the Perth Police Centre are arranged in advance, as the Regulations specify a single physical inspection point (reg 6).

Following these steps aligns practice with the Regulations’ procedural requirements. Where the Regulations refer to specific Act sections for affidavits or substantive preconditions, ensure those affidavits address the statutory matters set out in the Act’s provisions referenced (for example s 119(2), s 133(2) or s 143(2)(c)), since the Regulations by themselves require the attachment of those affidavits without reproducing their content requirements.