EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 202

 

Issued by the Authority of the Minister for Justice and Customs

 

Crimes Act 1914

 

Crimes Amendment Regulations 2005 (No. 3)

 

Section 91 of the Crimes Act 1914 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing 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.

 

Paragraph 85ZZH(k) of the Act provides that the federal spent convictions scheme does not apply in relation to a prescribed person or body, for a prescribed purpose, in relation to a conviction for a prescribed offence. 

The federal spent convictions scheme is contained in Part VIIC of the Act.  The scheme provides that certain types of convictions become ‘spent’ after a waiting period has elapsed in which no further convictions are recorded against the offender.  Where a person’s conviction for an offence is spent, the offender is not obliged to disclose that prior conviction. 

The right of non-disclosure is subject to the exclusions listed in section 85ZZH of the Act, and in Schedule 4 of the Crimes Regulations 1990 (the Principal Regulations). 

The purpose of the Regulations is to amend the Principal Regulations to prescribe new exclusions from the federal spent convictions scheme. The Regulations also correct minor technical errors in the Principal Regulations.

The Regulations amend Schedule 4 of the Principal Regulations to add a new exclusion to the spent convictions scheme. The exclusion allows a body that issues a maritime security identification card (MSIC) to access relevant spent convictions when assessing whether to issue a MSIC to an applicant.

The purpose of a MSIC is to identify the card holder as having met the minimum security requirements to work in a Maritime Security Zone.

The Regulations provide that an issuing body, for the purpose of assessing whether to issue a MSIC, may access spent convictions for offences in the following areas – security of the Commonwealth, weapons of mass destruction, offences against the Government, serious crimes involving aviation or maritime transport, identity crimes, money laundering, people smuggling and offences relating to explosive, firearms, narcotics and hazardous materials.

 

The Regulations also make minor technical amendments to provide the correct cross-reference to a provision and the correct reference to the regulations mentioned in subregulation 8(2) of the Principal Regulations.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commence on 1 October 2005.

The federal Privacy Commissioner was consulted in accordance with paragraph 85ZZ(1)(b) of the Act.

Other consultation was unnecessary for this legislative instrument as this instrument is of a minor or machinery nature and does not substantially alter existing arrangements.  It has no direct, or substantial indirect effect on business. 

 

 

 

 

 

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