Federal Register of Legislation - Australian Government

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SR 1999 No. 26 Regulations as amended, taking into account amendments up to SR 2002 No. 326
Registered 12 Apr 2010
Start Date 01 Jan 2003
End Date 21 Jul 2004
Date of repeal 01 Apr 2019
Repealed by Public Order (Protection of Persons and Property) Regulations 2019

Public Order (Protection of Persons and Property) Regulations 1999

Statutory Rules 1999 No. 26 as amended

made under Part IIA of the

This compilation was prepared on 16 January 2003
taking into account amendments up to SR 2002 No. 326

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

                        1     Name of regulations                                                         2

                        2     Commencement                                                              2

                        3     Definitions                                                                       2

                        4     Prescribed courts                                                            3

                        5     Proof of authority                                                             3

                        6     Frisk searches                                                                4

                        7     Returning identity card                                                     4

                        8     Disclosing information                                                      4

                        9     Recording information electronically                                   5

Notes                                                                                                            6

 

 


  

  

1              Name of regulations

                These regulations are the Public Order (Protection of Persons and Property) Regulations 1999.

2              Commencement

                These regulations commence on gazettal.

3              Definitions

         (1)   In these regulations:

Act means the Public Order (Protection of Persons and Property) Act 1971.

         (2)   Unless the contrary intention appears, a word or expression used in these regulations and Part IIA of the Act has the same meaning in these regulations as in that Part.

Note 1   The following expressions used in these regulations are defined in the Act (see sections 4 and 13A):

·         authorised officer

·         constable

·         court.

Note 2   Court is defined to mean a federal court, and to include a tribunal, authority or person having power under a law of the Commonwealth to require the production of documents or the answering of questions.

4              Prescribed courts

                The following courts are prescribed for Part IIA of the Act:

                (a)    the Federal Court of Australia;

               (b)    the Family Court of Australia;

              (ba)    the Federal Magistrates Court;

                (c)    the Administrative Appeals Tribunal;

               (d)    the Australian Crime Commission.

Note 1   Section 13B of the Act provides that Part IIA of the Act applies only to a court that is prescribed by the regulations. Because these regulations are made for Part IIA of the Act, these regulations also apply only to a prescribed court.

Note 2   The Family Court of Western Australia is not prescribed because the definition of court in section 13A of the Act does not extend to that court.

5              Proof of authority

         (1)   Before exercising a power under section 13C or 13D of the Act in relation to a person, an authorised officer must, if practicable:

                (a)    tell the person that the officer is an authorised officer for Part IIA of the Act; and

               (b)    in the case of a constable — disclose the officer’s identification as a constable; and

                (c)    in any other case — disclose the officer’s identity card.

         (2)   For this regulation, an authorised officer’s identity card is a card of a durable nature, that:

                (a)    displays a recent photograph of the officer; and

               (b)    states that the holder of the card is an authorised officer for Part IIA of the Act; and

                (c)    identifies, by office, the person on whose authority the card is issued.

6              Frisk searches

                Before an authorised officer conducts a frisk search of a person under section 13D of the Act, the officer must, if practicable, tell the person:

                (a)    about the procedure for the frisk search; and

               (b)    the effect of subsections 13D (4), (5) and (7) of the Act.

7              Returning identity card

                If a person in possession of an identity card mentioned in regulation 5 ceases to be an authorised officer, the person must, as soon as practicable, return the card, or the part of the card identifying the person as an authorised officer, to:

                (a)    the person who issued the card; or

               (b)    if that person is unavailable — another person authorised to receive the card.

8              Disclosing information

         (1)   If an authorised officer obtains information under section 13C of the Act, the officer may disclose that information to any of the following organisations:

                (a)    the Australian Protective Service;

               (b)    the Australian Federal Police;

                (c)    the police force of a State or Territory.

         (2)   An authorised officer for the Federal Court of Australia may also disclose the information to the Registrar and Sheriff of the Court.

         (3)   An authorised officer for the Family Court of Australia may also disclose the information to the Chief Executive Officer, Marshal and Deputy Marshal of the Court.

      (3A)   An authorised officer of the Federal Magistrates Court may also disclose the information to the Chief Executive Officer, Marshal and Deputy Marshal of the Court.

         (4)   An authorised officer for the Administrative Appeals Tribunal may also disclose the information to the Registrar of the Tribunal.

         (5)   An authorised officer for the Australian Crime Commission (the ACC) may also disclose the information to the Chief Executive Officer of the ACC.

         (6)   However, an authorised officer may disclose information to an organisation or person under this regulation only if the officer believes on reasonable grounds that it is necessary in the interests of security to do so.

Note 1   For the application of the Privacy Act 1988 to an act or practice of the Federal Court of Australia, the Family Court of Australia, the Federal Magistrates Court or the Administrative Appeals Tribunal, see paragraphs 7 (1) (a) and (b) of that Act.

Note 2    For the application of the Privacy Act 1988 to an act or practice of the Australian Crime Commission, see subparagraph 7 (1) (a) (iv) of that Act.

9              Recording information electronically

                Information obtained under section 13C of the Act may be recorded electronically.


Notes to the Public Order (Protection of Persons and Property) Regulations 1999

Note 1

The Public Order (Protection of Persons and Property) Regulations 1999 (in force under Part IIA of the Public Order (Protection of Persons and Property) Act 1971) as shown in this compilation comprise Statutory Rules 1999 No. 26 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1999 No. 26

2 Mar 1999

2 Mar 1999

 

2001 No. 10

13 Feb 2001

13 Feb 2001

2002 No. 326

20 Dec 2002

1 Jan 2003 (see r. 2)

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 4.........................................

am. 2001 No. 10; 2002 No. 326

R. 8.........................................

am. 2001 No. 10; 2002 No. 326

Note 1 to r. 8.........................

am. 2001 No. 10

Note 2 to r. 8.........................

rs. 2002 No. 326