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CRIMES AMENDMENT REGULATIONS 2007 (NO. 1) (SLI NO 38 OF 2007)
Select Legislative Instrument 2007 No. 38
Issued by the authority of the Minister for Justice and Customs
Subject: Crimes Act 1914
Crimes Amendment Regulations 2007 (No. 1)
Section 91 of the Crimes Act 1914 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, 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.
Part 1AC provides for the use of assumed identities and section 15XA of the Act defines relevant State or Territory participating agencies for the purpose of using assumed identities in criminal investigations. Section 15XA also provides that additional State or Territory bodies may be specified in the regulations. The Crimes Regulations 1990 (the Principal Regulations) specify the additional participating agencies.
The purpose of the proposed Regulations is to amend regulation 4BC of the Principal Regulations to prescribe the Office of Police Integrity (Victoria) as a participating agency in order to allow it to give assumed identities to some of its officers.
The Western Australian Royal Commission into Whether There has been Corrupt or Criminal Conduct by any Western Australian Police Officer is currently the only body prescribed in the Principal Regulations.
Details of the Regulations are set out in the Attachment.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after registration.
The Office of Best Practice Regulation in the Productivity Commission was consulted and advised that the Regulations are not likely to have a direct effect, or substantial indirect effect, on business and are not likely to restrict competition.
The following external agencies and other bodies were consulted in relation to the Regulations:
· The Office of Police Integrity (Victoria).
Regulation 1 – Name of Regulations
This regulation would provide that the title of the Regulations is the Crimes Amendment Regulations 2007 (No. 1).
Regulation 2 – Commencement
This regulation would provide for the Regulations to commence on the day after registration.
Regulation 3 – Amendment of the Crimes Regulations 1990
This regulation would provide that the Crimes Regulations
1990, are amended as set out in
Schedule 1 – Amendments
Item  – Regulation 4BC
Section 15XA of the Act provides the definition of ‘State or Territory participating agency’. Paragraph (d) of that definition provides for a State or Territory body or agency to be prescribed in the regulations. Regulation 4BC specifies the bodies prescribed as a ‘State or Territory participating agency’ for the purposes of section 15XA of the Act.
The Western Australian Royal Commission in to whether there has been corrupt or criminal conduct by an Western Australian Police Officer is currently prescribed and this item would move it to paragraph 4BC(b).