Commonwealth Numbered Regulations - Explanatory Statements

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CRIME AMENDMENT REGULATIONS 2002 (NO. 3) 2002 NO. 186

EXPLANATORY STATEMENT

Statutory Rules 2002 No. 186

Issued by the Authority of the Minister for Justice and Customs

Subject: Crimes Act 1914

Crime Amendment Regulations 2002 (No. 3)

Section 91 of the Crimes Act 1914 (the Act) provides that the Governor-General may make regulations, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

The purpose of the Regulations is to amend the Crimes Regulations 1990 to enable the effective operation of the assumed identities and controlled operations provisions in the Act.

Part IAC of the Act provides for the use of assumed identities by specified Commonwealth and State or Territory participating agencies. The Regulations enable specified classes of officers in State and Territory participating agencies to authorise the acquisition and use of assumed identities under Part IAC. The Regulations also identify the "Western Australian Royal Commission into corrupt or criminal conduct by Western Australian police" as a state participating agency for the purposes of Part IAC and remedy a misdescription of the Australian Security Intelligence Organisation.

The classes of officers in State and Territory participating agencies able to authorise the use of assumed identities would include classes of senior officers in all State and Northern Territory police forces or police services, the NSW Independent Commission Against Corruption, the NSW Crime Commission, the NSW Police Integrity Commission, the Western Australian AntiCorruption Commission and Western Australian Royal Commission. Regulations have previously been made prescribing classes of officers in Commonwealth participating agencies.

Part 1AB of the Act provides for controlled operations to be undertaken in relation to serious Commonwealth offences. In a controlled operation, law enforcement officers allow a criminal scheme to unfold under controlled conditions in order to gather evidence against those who organise crime. The Regulations amend the existing regulation that enables a controlled operation to be conducted in relation to an "offence involving terrorism", so that it refers more specifically to an "offence against Part 5.3 of the Criminal Code". Part 5.3 contains the Commonwealth's new terrorism offences. The inclusion of a reference to Part 5.3 of the Criminal Code makes it clear that the regulation only enables controlled operations to be conducted in relation to specific offences against that Part. This amendment responds to concerns raised by the Senate Standing Committee on Regulations and Ordinances that the reference to "offences involving terrorism" was too broad.

The Regulations commenced on gazettal.


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