Crimes Amendment Regulations 2001 (No. 2)¹

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Crimes Act 1914.

Dated 30 May 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

1              Name of Regulations

                These Regulations are the Crimes Amendment Regulations 2001 (No. 2).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Crimes Regulations 1990

                Schedule 1 amends the Crimes Regulations 1990.

Schedule 1        Amendment

(regulation 3)

[1]         After regulation 6B

insert

6C           Prescribed procedure for determining a person’s age (Act s 3ZQA)

         (1)   For subsection 3ZQA (2) of the Act, the procedure specified in this regulation is the prescribed procedure for determining a person’s age.

         (2)   A radiograph must be taken of a hand and wrist of the person whose age is to be determined.

         (3)   The radiograph must be taken using a medical X-ray unit that is operated by an appropriately qualified person (the radiographer).

         (4)   In taking the radiograph, the radiographer must ensure that the safeguards set out in the relevant standards are applied to ensure that any risks to the health and safety of the person in respect of whom the radiograph is being taken are minimised.

         (5)   The radiograph that is taken must be interpreted by an appropriately qualified person.

         (6)   For the purpose of carrying out the procedure, the radiographer may request the assistance of any person, including:

                (a)    the investigating official involved in the investigation of the person in respect of whom the procedure is being carried out; or

               (b)    a person who is employed in the medical practice, radiography practice or hospital where the procedure is being carried out; or

                (c)    a parent or guardian of the person in respect of whom the procedure is being carried out; or

               (d)    if the person in respect of whom the procedure is being carried out has chosen a person to be present while the procedure is being carried out — that person.

         (7)   In this regulation:

appropriately qualified person means:

                (a)    for subregulation (3) — a person who is accredited as a radiographer by the Australian Institute of Radiography; and

               (b)    for subregulation (5) — a person who is accredited as a radiologist by the Royal Australian and New Zealand College of Radiologists.

medical X-ray unit means general diagnostic X-ray equipment that is used primarily to take radiographs, but does not include fluoroscopy or CT scan equipment.

relevant standards means:

                (a)    the standard published by the Australian Institute of Radiography known as ‘Guidelines for Professional Conduct for Radiographers and Radiation Therapists’, as in force at the commencement of this regulation; and

               (b)    any other medical or other professional standards relating to the taking of radiographs, developed by the Australian Institute of Radiography or the Royal Australian and New Zealand College of Radiologists, as in force at the commencement of this regulation.

1.       These Regulations amend Statutory Rules 1990 No. 227, as amended by 1991 Nos. 235 and 258; 1992 Nos. 91 and 276; 1994 No. 297; 1995 No. 23; 1996 Nos. 7, 125, 228 and 264; 1997 No. 14; 1998 Nos. 68 and 361; 1999 No. 156; 2000 Nos. 99, 100 and 219; 2001 No. 49.

2.       Notified in the Commonwealth of Australia Gazette on 4 June 2001.