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Crimes Regulations 2019

Authoritative Version
Regulations as made
These regulations prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the Crimes Act 1914 and the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Administered by: Attorney-General's
Registered 26 Jul 2019
Tabling HistoryDate
Tabled HR29-Jul-2019
Tabled Senate30-Jul-2019

Commonwealth Coat of Arms of Australia

 

Crimes Regulations 2019

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 25 July 2019

David Hurley

Governor‑General

By His Excellency’s Command

Christian Porter

Attorney‑General

 

 

 

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Forms                                                                                                                                                    3

5............ Prescribed forms........................................................................................................... 3

6............ Optional forms.............................................................................................................. 3

Part 3—Controlled operations                                                                                                                 5

7............ Corresponding State controlled operations laws............................................................ 5

8............ Requirements for indemnification of participants against civil liability.......................... 5

Part 4—Assumed identities                                                                                                                         7

9............ Corresponding assumed identity laws........................................................................... 7

10.......... Requirements for indemnification of authorised persons............................................... 7

Part 5—Witness identity protection for operatives                                                                      9

11.......... Corresponding witness identity protection laws............................................................ 9

12.......... Meaning of civil proceeding.......................................................................................... 9

Part 6—Protecting vulnerable persons                                                                                             10

13.......... Video recordings—persons who may conduct interview............................................ 10

Part 7—Sentencing, imprisonment and release of federal offenders                             11

14.......... State and Territory pre‑release permit schemes that apply to federal offenders............ 11

15.......... Additional sentencing alternatives—State and Territory sentences and orders............ 11

16.......... Offences for which a court may impose certain conditions......................................... 12

Part 8—Forensic procedures                                                                                                                   13

17.......... Persons appropriately qualified to carry out forensic procedures................................ 13

18.......... Persons authorised to access information on DNA databases..................................... 14

19.......... Corresponding laws—forensic procedures and DNA databases................................. 14

Part 9—Pardons, quashed convictions and spent convictions                                            15

20.......... Exclusions from Divisions 2 and 3 of Part VIIC of the Act........................................ 15

21.......... Exclusions from Division 3 of Part VIIC of the Act (spent convictions).................... 15

Part 10—Miscellaneous                                                                                                                               16

22.......... ACC delegates............................................................................................................. 16

Part 11—Application, saving and transitional provisions                                                     17

Division 1—Transitional matters relating to the Crimes Regulations 1990           17

23.......... Things done under the Crimes Regulations 1990........................................................ 17

24.......... Conduct, event, circumstances occurring before commencement................................ 17

25.......... Forms prescribed under the Crimes Regulations 1990................................................ 17

26.......... Application of indemnification requirements............................................................... 18

27.......... Sentences or orders under section 20AB of the Act.................................................... 18

Division 2—Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010                                                                                                            19

28.......... Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010      19

Schedule 1—Forms                                                                                                                               21

Form 1—Document relating to other offences to be taken into account                      21

Form 2—Warrant authorising the detention of a person where parole or licence automatically revoked                                                                                                                                                                24

Form 3—Notice of proposed revocation of parole order or licence                                26

Form 4—Warrant for arrest where parole order or licence has been revoked       27

Form 5—Warrant authorising detention where parole order or licence has been revoked        28

Form 6—Warrant authorising the remand of a person where parole order or licence has been revoked                                                                                                                                                                30

Form 7—Order for the detention of a person where parole order or licence has been revoked              31

Form 8—Notification of breach of conditions where parole order or licence has been revoked              32

Form 9—Summons to appear                                                                                                                 33

Form 10—Order and recognisance where discharge without conviction                    34

Form 11—Order and recognisance where release without passing sentence            37

Form 12—Order and recognisance where sentenced                                                              40

Form 13—Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked                                                                                                                                                                43

Form 14—Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked                                                                                                               44

Form 15—Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked                                                                                                               45

Form 16—Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked                                                                                                                                                                46

Form 17—Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked                                                                                                               47

Form 18—Warrant under subsection 20BM(6) of the Act authorising the remand of a person where release order revoked                                                                                                               48

Form 19—Summons in relation to breach of psychiatric probation order or program probation order                                                                                                                                                                49

Form 20—Warrant in relation to breach of psychiatric probation order or program probation order                                                                                                                                                                50

Form 21—Warrant for arrest in relation to breach of psychiatric probation order or program probation order                                                                                                                                                    51

Form 22—Certificate in relation to reparation for offences                                                52

Schedule 2—Spent convictions                                                                                                 53

1............ Exclusions from Division 3 of Part VIIC of the Act (spent convictions).................... 53

 


Part 1Preliminary

  

1  Name

                   This instrument is the Crimes Regulations 2019.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

27 July 2019

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

             (1)  Subject to subsection (2), this instrument is made under the Crimes Act 1914.

             (2)  Division 2 of Part 11 is made under the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    chief officer;

(b)    controlled operation;

(c)    designated offence.

                   In this instrument:

Act means the Crimes Act 1914.

aviation security offence means an offence against:

                     (a)  the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or

                     (b)  Part 5.3 of the Criminal Code (terrorism).

drug offence means an offence constituted by the production, possession, supply, import or export of a substance that is:

                     (a)  a narcotic substance within the meaning of the Customs Act 1901; or

                     (b)  a drug within the meaning of:

                              (i)  subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or

                             (ii)  subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.

forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.

forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.

health security offence means an offence against:

                     (a)  the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or

                     (b)  Part 5.1 or 5.3 of the Criminal Code (treason and terrorism); or

                     (c)  section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).

maritime security offence means an offence against:

                     (a)  Part 4 of the Australian Passports Act 2005 (offences relating to Australian travel documents); or

                     (b)  the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or

                     (c)  Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code (offences relating to people smuggling, the security of the Commonwealth, forgery, border controlled drugs and plants and money laundering); or

                     (d)  section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (smuggling and offences relating to import or export of certain goods); or

                     (e)  Division 10 of Part IV of the repealed Navigation Act 1912 (dangerous goods); or

                      (f)  Subdivision B of Division 4 of Part 4 of Chapter 3 of the Navigation Act 2012 (dangerous goods); or

                     (g)  section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).

Part 2Forms

  

5  Prescribed forms

                   For the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 1 mentioned in column 2 of the item is prescribed.

 

Prescribed forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

6  Optional forms

                   The form in Schedule 1 mentioned in column 2 of an item in the following table may be used for the purposes of the provision of the Act mentioned in column 1 of the item.

 

Optional forms

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 1

1

Subsection 19AS(1)

Form 2

2

Subsection 19AW(2)

Form 6

3

Paragraph 19AX(1)(b)

Form 7

4

Subsection 19AX(2)

Form 8

5

Subsection 19AZ(2)

Form 9

6

Paragraph 19B(1)(d)

Form 10

7

Paragraph 20(1)(a)

Form 11

8

Paragraph 20(1)(b)

Form 12

9

Paragraph 20BF(3)(b)

Form 13

10

Subsection 20BF(5)

Form 14

11

Subsection 20BF(6)

Form 15

12

Paragraph 20BM(3)(b)

Form 16

13

Subsection 20BM(5)

Form 17

14

Subsection 20BM(6)

Form 18

15

Paragraph 20BW(1)(a)

Form 19

16

Paragraph 20BW(1)(b)

Form 20

17

Subsection 20BW(2)

Form 21

18

Subsection 21B(3)

Form 22

Part 3Controlled operations

  

7  Corresponding State controlled operations laws

                   For the purposes of the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.

 

Corresponding State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6A of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 11; and

(b) Divisions 1 and 3 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 2

6

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

7

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

8

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 2

8  Requirements for indemnification of participants against civil liability

                   For the purposes of paragraph 15HB(f) of the Act, the following requirements are specified:

                     (a)  the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:

                              (i)  any conduct in which the participant engages, in the course of and for the purposes of the controlled operation, that is likely to result in legal proceedings against the participant or the Commonwealth; and

                             (ii)  any proceedings arising in relation to liability that the participant may have incurred because of conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation;

                     (b)  in any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, the participant must:

                              (i)  authorise the Commonwealth to control the conduct of the defence; and

                             (ii)  if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the participant’s legal representative; and

                            (iii)  give, and authorise the participant’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and

                            (iv)  if an award of costs is made in the participant’s favour—take all steps directed by the Commonwealth to recover the award; and

                             (v)  if the participant recovers any costs—pay the recovered costs to the Commonwealth;

                     (c)  the participant must not make any written or oral agreement to settle any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, in full or in part, unless the terms of the agreement have been approved by the chief officer of the authorising agency.

Part 4Assumed identities

  

9  Corresponding assumed identity laws

                   For the purposes of the definition of corresponding assumed identity law in section 15K of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.

 

Corresponding assumed identity laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW)

All

2

Victoria

Crimes (Assumed Identities) Act 2004 (Vic.)

All

3

Queensland

Crime and Corruption Act 2001 (Qld)

Part 6B of Chapter 3

4

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

(a) Chapter 12; and

(b) Divisions 1 and 4 of Part 5 of Chapter 24

5

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 3

6

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 3

7

Tasmania

Police Powers (Assumed Identities) Act 2006 (Tas.)

All

8

Australian Capital Territory

Crimes (Assumed Identities) Act 2009 (ACT)

All

9

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 3

10  Requirements for indemnification of authorised persons

                   For the purposes of paragraph 15KS(2)(c) of the Act, the following requirements are prescribed:

                     (a)  the authorised person must notify the chief officer who granted the authority in writing, and as soon as practicable, of:

                              (i)  anything done by the authorised person, in the course of acquiring or using an assumed identity, that is likely to result in legal proceedings against the authorised person or the Commonwealth; and

                             (ii)  any proceedings arising in relation to liability that the authorised person may have incurred because of anything done by the authorised person in the course of acquiring or using an assumed identity;

                     (b)  in any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, the authorised person must:

                              (i)  authorise the Commonwealth to control the conduct of the defence; and

                             (ii)  if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person’s legal representative; and

                            (iii)  give, and authorise the authorised person’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and

                            (iv)  if an award of costs is made in the authorised person’s favour—take all steps directed by the Commonwealth to recover the award; and

                             (v)  if the authorised person recovers any costs—pay the recovered costs to the Commonwealth;

                     (c)  the authorised person must not make any written or oral agreement to settle any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, in full or in part, unless the terms of the agreement have been approved by the chief officer.

Part 5Witness identity protection for operatives

  

11  Corresponding witness identity protection laws

                   For the purposes of the definition of corresponding witness identity protection law in subsection 15M(1) of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.

 

Corresponding witness identity protection laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

Victoria

Evidence (Miscellaneous Provisions) Act 1958 (Vic.)

(a) Part IIAA; and

(b) sections 161 and 162

2

Queensland

Evidence Act 1977 (Qld)

Division 5 of Part 2

3

Western Australia

Criminal Investigation (Covert Powers) Act 2012 (WA)

Part 4

4

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Part 4

5

Tasmania

Witness (Identity Protection) Act 2006 (Tas.)

All

6

Australian Capital Territory

Crimes (Protection of Witness Identity) Act 2011 (ACT)

Part 2

7

Northern Territory

Police (Special Investigative and Other Powers) Act 2015 (NT)

Part 4

12  Meaning of civil proceeding

                   For the purposes of paragraph 15MB(2)(d) of the Act, each of the following is part of a civil proceeding:

                     (a)  a proceeding in relation to an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;

                     (b)  an examination conducted under Part 3‑1 of that Act.

Part 6Protecting vulnerable persons

  

13  Video recordings—persons who may conduct interview

                   For the purposes of paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified.

Part 7Sentencing, imprisonment and release of federal offenders

  

14  State and Territory pre‑release permit schemes that apply to federal offenders

             (1)  For the purposes of subsection 19AZD(3) of the Act, a pre‑release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.

 

State and Territory pre‑release permit schemes that apply to federal offenders

Item

Column 1

Pre‑release permit scheme

Column 2

Law

1

Scheme for releasing a prisoner under a re‑entry release order

Part 4 of the Sentence Administration Act 2003 (WA), as in force at the commencement of this instrument

2

Scheme for releasing a prisoner to serve a period of home detention

Division 6A of Part 4 of the Correctional Services Act 1982 (SA), as in force at the commencement of this instrument

3

Scheme for releasing a prisoner on administrative home detention

Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act 2014 (NT), as in force at the commencement of this instrument

             (2)  A federal offender who is not an Australian citizen is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would result in the offender:

                     (a)  becoming an unlawful non‑citizen (within the meaning of the Migration Act 1958); and

                     (b)  being liable to detention and removal from Australia under that Act.

             (3)  A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.

15  Additional sentencing alternatives—State and Territory sentences and orders

                   For the purposes of subsection 20AB(1AA) of the Act, a sentence or order mentioned in column 1 of an item in the following table under a law mentioned in column 2 of the item is prescribed.

 

State and Territory sentences and orders

Item

Column 1

Sentence or order

Column 2

Law

1

Home detention order

Subdivision 1 of Division 7 of Part 3 of the Sentencing Act 2017 (SA), as in force at the commencement of this instrument

2

Home detention order

Part 5A of the Sentencing Act 1997 (Tas.), as in force at the commencement of this instrument

3

Home detention order

Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 (NT), as in force at the commencement of this instrument

16  Offences for which a court may impose certain conditions

                   For the purposes of paragraph 22(1)(b) of the Act, an indictable offence against the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005 is prescribed.

Part 8Forensic procedures

  

17  Persons appropriately qualified to carry out forensic procedures

                   For the purposes of paragraph (b) of the definition of appropriately qualified in subsection 23WA(1) of the Act, a person mentioned in column 2 of an item in the following table is qualified to carry out a forensic procedure mentioned in column 1 of the item.

 

Persons appropriately qualified to carry out forensic procedures

Item

Column 1

Forensic procedure

Column 2

Person

1

External examination of the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

2

Taking of a sample of blood (other than by a finger prick)

(a) Forensic scientist; or

(b) forensic technician

3

Taking of a sample of pubic hair

(a) Forensic scientist; or

(b) forensic technician

4

Taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

5

Taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

6

Taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Medical practitioner; or

(b) forensic scientist; or

(c) forensic technician

7

External examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing

(a) Forensic scientist; or

(b) forensic technician; or

(c) constable

8

Taking of a sample of blood by a finger prick

(a) Forensic scientist; or

(b) forensic technician

9

Taking of a sample of saliva, or a sample by buccal swab

(a) Forensic scientist; or

(b) forensic technician

10

Taking of a sample of hair other than pubic hair

(a) Forensic scientist; or

(b) forensic technician

11

Taking of a sample from a nail or from under a nail

(a) Forensic scientist; or

(b) forensic technician

12

Taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

13

Taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) Forensic scientist; or

(b) forensic technician

14

Taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

(a) For a photograph or video recording:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician; or

(iv) constable; or

(b) for an impression or cast of a wound:

(i) medical practitioner; or

(ii) forensic scientist; or

(iii) forensic technician

 

18  Persons authorised to access information on DNA databases

                   For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:

                     (a)  the person is employed or otherwise engaged by a forensic laboratory accredited by the National Association of Testing Authorities, Australia; and

                     (b)  in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory.

19  Corresponding laws—forensic procedures and DNA databases

                   For the purposes of the definition of corresponding law in section 23YUA of the Act, the following laws, as in force from time to time, are prescribed:

                     (a)  the Crimes (Forensic Procedures) Act 2000 (NSW);

                     (b)  Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 (Vic.);

                     (c)  Chapter 17 of the Police Powers and Responsibilities Act 2000 (Qld);

                     (d)  Part 2 of, and Schedules 1 and 6 to, the Police Powers and Responsibilities Regulation 2012 (Qld);

                     (e)  the Criminal Investigation (Identifying People) Act 2002 (WA);

                      (f)  the Criminal Law (Forensic Procedures) Act 2007 (SA);

                     (g)  the Forensic Procedures Act 2000 (Tas.);

                     (h)  the Crimes (Forensic Procedures) Act 2000 (ACT);

                      (i)  Division 7 of Part VII of the Police Administration Act 1978 (NT).

Part 9Pardons, quashed convictions and spent convictions

  

20  Exclusions from Divisions 2 and 3 of Part VIIC of the Act

                   For the purposes of sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed.

 

Prescribed persons, bodies and laws

Item

Column 1

Person or body

Column 2

Law

1

Children’s Guardian appointed under the Children and Young Persons (Care and Protection) Act 1998 (NSW)

Child Protection (Working with Children) Act 2012 (NSW)

2

Secretary mentioned in section 10 of the Working with Children Act 2005 (Vic.)

Working with Children Act 2005 (Vic.)

3

Chief executive mentioned in section 8 of the Working with Children (Risk Management and Screening) Act 2000 (Qld)

Working with Children (Risk Management and Screening) Act 2000 (Qld)

4

Queensland College of Teachers

Education (Queensland College of Teachers) Act 2005 (Qld)

5

CEO mentioned in section 12 of the Working with Children (Criminal Record Checking) Act 2004 (WA)

Working with Children (Criminal Record Checking) Act 2004 (WA)

6

Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA)

Child Safety (Prohibited Persons) Act 2016 (SA)

7

Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.)

Registration to Work with Vulnerable People Act 2013 (Tas.)

8

Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

9

Independent advisor appointed under the Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Working with Vulnerable People (Background Checking) Act 2011 (ACT)

10

Screening Authority mentioned in section 196 of the Care and Protection of Children Act 2007 (NT)

Care and Protection of Children Act 2007 (NT)

21  Exclusions from Division 3 of Part VIIC of the Act (spent convictions)

                   Schedule 2 of this instrument prescribes persons, purposes and offences for the purposes of paragraph 85ZZH(k) of the Act.

Part 10Miscellaneous

  

22  ACC delegates

                   For the purposes of subparagraphs 15HG(5)(c)(ii) and 15MX(3)(c)(ii) of the Act, the following positions are prescribed:

                     (a)  a position occupied by a person mentioned in subsection 47(1) of the Australian Crime Commission Act 2002 who is an SES employee;

                     (b)  any position in the ACC that is equivalent to or higher than a position mentioned in paragraph (a) of this section.

Part 11Application, saving and transitional provisions

Division 1Transitional matters relating to the Crimes Regulations 1990

23  Things done under the Crimes Regulations 1990

             (1)  If:

                     (a)  a thing was done for a particular purpose under the Crimes Regulations 1990 as in force immediately before those Regulations were repealed; and

                     (b)  the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

             (2)  Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

24  Conduct, event, circumstances occurring before commencement

             (1)  To avoid doubt, a function or duty may be performed, or a power exercised:

                     (a)  under this instrument; or

                     (b)  under the Act in connection with something prescribed by this instrument;

in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this instrument commences.

             (2)  This section does not limit section 23 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).

25  Forms prescribed under the Crimes Regulations 1990

                   Without limiting section 5, for the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 3 to the Crimes Regulations 1990 (as in force immediately before the commencement of this instrument) mentioned in column 2 of the item is prescribed.

 

Forms prescribed under the Crimes Regulations 1990

Item

Column 1

Provision of the Act

Column 2

Form in Schedule 3

1

Section 16BA

Form 1

2

Subsection 19AU(2)

Form 3

3

Subsection 19AV(2)

Form 4

4

Subsection 19AW(1)

Form 5

26  Application of indemnification requirements

             (1)  Section 8 applies in relation to any conduct engaged in after the commencement of this instrument in the course of, and for the purposes of, a controlled operation, whether the controlled operation is authorised before or after that commencement.

             (2)  Section 10 applies in relation to anything done after the commencement of this instrument in the course of acquiring or using an assumed identity, whether the authority to acquire or use the identity is granted before or after that commencement.

             (3)  Despite the repeal of the Crimes Regulations 1990 by the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019, regulations 4B and 4C of the Crimes Regulations 1990 continue to apply, as if the repeal had not happened, in relation to:

                     (a)  any conduct engaged in before the commencement of this instrument in the course of, and for the purposes of, a controlled operation; and

                     (b)  anything done before that commencement in the course of acquiring or using an assumed identity.

27  Sentences or orders under section 20AB of the Act

                   Nothing in this instrument or the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 affects a sentence passed, or order made, before the commencement of this instrument, under section 20AB of the Act.

Division 2Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

28  Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

Annual reports

             (1)  A report required to be laid before each House of the Parliament under section 15HN of the Act may be combined with a report required to be laid before each House of the Parliament under section 15T of the Act, as continued in force by Schedule 3 to the amendment Act.

Pre‑commencement controlled operations

             (2)  The Crimes Regulations 1990, as in force immediately before 19 February 2010, continue to apply to a pre‑commencement controlled operation.

Note:          A pre‑commencement controlled operation is a controlled operation authorised under Part IAB of the Act before 19 February 2010, whether or not the pre‑commencement controlled operation had been completed as at that time: see subitem 17(2) of Schedule 3 to the amendment Act.

             (3)  For the purposes of the definition of State controlled operations law in item 16 of Schedule 3 to the amendment Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force when the authority mentioned in that Schedule was granted under that law, are prescribed.

 

State controlled operations laws

Item

Column 1

State or Territory

Column 2

Law

Column 3

Provisions

1

New South Wales

Law Enforcement (Controlled Operations) Act 1997 (NSW)

All

2

Victoria

Crimes Act 1958 (Vic.)

Subsections 68(2), 194(5) and 195A(5)

3

Victoria

Crimes (Controlled Operations) Act 2004 (Vic.)

All

4

Victoria

Drugs, Poisons and Controlled Substances Act 1981 (Vic.)

Section 51

5

Victoria

Fisheries Act 1995 (Vic.)

Section 110A and Part 7A

6

Victoria

Gambling Regulation Act 2003 (Vic.)

Section 2.6.8

7

Victoria

Lotteries Gaming and Betting Act 1966 (Vic.)

Section 80

8

Victoria

Prostitution Control Act 1994 (Vic.)

Subsection 14(2)

9

Victoria

Summary Offences Act 1966 (Vic.)

Section 58

10

Victoria

Vagrancy Act 1966 (Vic.)

Section 17

11

Victoria

Wildlife Act 1975 (Vic.)

Section 63 and Part IX

12

Queensland

Crime and Corruption Act 2001 (Qld) (formerly the Crime and Misconduct Act 2001 (Qld))

Part 6A of Chapter 3

13

Queensland

Police Powers and Responsibilities Act 2000 (Qld)

Chapter 11 and Divisions 1 and 3 of Part 5 of Chapter 24

14

Western Australia

Corruption, Crime and Misconduct Act 2003 (WA) (formerly the Corruption and Crime Commission Act 2003 (WA))

Division 5 of Part 4, Division 4 of Part 6 and section 185

15

Western Australia

Misuse of Drugs Act 1981 (WA)

Section 31

16

Western Australia

Prostitution Act 2000 (WA)

Section 35

17

South Australia

Criminal Investigation (Covert Operations) Act 2009 (SA)

Parts 1 and 2, and clause 3 of Schedule 1

18

South Australia

Criminal Law (Undercover Operations) Act 1995 (SA)

All

19

Tasmania

Police Powers (Controlled Operations) Act 2006 (Tas.)

All

20

Australian Capital Territory

Crimes (Controlled Operations) Act 2008 (ACT)

All

21

Northern Territory

Misuse of Drugs Act 1990 (NT)

Section 32

Definitions

             (4)  In this section:

amendment Act means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.


Schedule 1Forms

Note:       See sections 5 and 6.

Form 1Document relating to other offences to be taken into account

  

Commonwealth of Australia

Crimes Act 1914

FORM FOR THE PURPOSES OF SECTION 16BA

*Branch Office of the Director of Public Prosecutions

*Regional Office of the Attorney‑General’s Department

Information for Defendant

1

TO:                                                   2

1.    You are charged with the following federal *offence/*offences:

(a)                                             3;

(b)                                             3;

before the                                         4.

2.    The list at the end of this document gives particulars of                                5 other *offence/*offences which you are believed to have committed.

3.    If you are convicted of *the charge/*any of the charges mentioned above and before sentence is passed, you may:

(a)     if:

(i)      the court decides; and

(ii)     the prosecution agrees;

admit all or any of the offences specified in the list at the end of this document; and

(b)     ask that any of those offences that you have admitted be taken into account by the court in passing sentence for the *offence/*offences of which you have been convicted.

4.    If you are convicted and the court does take any of the offences that you have admitted into account, the maximum sentence that may be passed upon you for *the offence/*any offence of which you have been convicted will still be the maximum penalty that the court could have imposed on you for the offence if no other offence had been taken into account.

5.    If the court takes an offence that you have admitted into account, the court may make such orders about reparation, restitution, compensation, costs and forfeiture as it could have made if you had been convicted before the court of the offence, but will not impose any other punishment for the offence. Rights of appeal are available in relation to an order as if it had been made on the conviction for the offence.

6.    No proceedings may be taken or continued against you for an offence taken into account by the court in respect of a conviction unless the conviction in respect of which the offence has been taken into account has been quashed or set aside.

7.    If:

(a)     in the circumstances mentioned in paragraph 6, proceedings are taken or continued against you for an offence that you have admitted; or

(b)     the court does not for any reason take any one or more of the offences that you have admitted into account;

your admission cannot be used as evidence against you in any proceedings taken or continued for the offence about which the admission was made or for any other offence listed at the end of this document.

6

*7

*Director of Public Prosecutions/*A person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914/*A person appointed under section 69 of the Judiciary Act 1903

8

Acknowledgement

I,                                           2, acknowledge receipt of a copy of this document.

9

8

Certificate

This is to certify that the court has taken into account the *offence/*offences admitted by

                                                         2 which are numbered                                10 in the list at the end of this document in respect of the *conviction/*convictions for the *offence/*offences listed in paragraph 1 above of which   2 has been convicted.

Dated                                           8.

                                                    11

*Judge of                                     4/*Magistrate

Crimes Act 1914, section 16BA

Offences which you are believed to have committed

 

Item
number

Place where offence was committed

Date of
offence

Brief description of offence

 

 

 

 

 

 

 

 

 

 

 

1        insert address

2        insert name of defendant

3        insert details of offences

4        insert name of court

5        insert number of offences listed

6        signature of the Director of Public Prosecutions, person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or person appointed under section 69 of the Judiciary Act 1903

7        insert full name of person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or of person appointed under section 69 of the Judiciary Act 1903

8        insert date

9        signature of defendant

10       insert the number of each offence taken into account

11       signature of judge or magistrate

*       omit if inapplicable

Form 2Warrant authorising the detention of a person where parole or licence automatically revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SECTION 19AS AUTHORISING THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

AND to the officer in charge of       2 in                                            1:

I,                                                       3, *a Judge of                             4/*Magistrate, under paragraph 19AS(1)(c) of the Crimes Act 1914:

(a)     authorise those members in                                               1 to take             5 to       2 in       1 and deliver that person to the officer in charge of that prison, together with this warrant; and

(b)     authorise the officer in charge of                                      2 in                     1 to receive      5 into custody and detain that person to undergo imprisonment for the *term/*terms of the *sentence/*sentences of imprisonment specified in the Schedule.

 

This warrant is issued because          5 is a person:

(a)     who is serving or is to serve a federal sentence or sentences within the meaning of Part IB of the Crimes Act 1914; and

(b)     who was released on parole or licence under that Act; and

(c)     whose parole or licence is taken to have been revoked under section 19AQ of that Act, because of the imposition of one or more further federal, State or Territory sentences; and

(d)     who has become liable under section 19AQ to serve the part of each of the sentences referred to in paragraph (a) that the person had not served at the time of the person’s release.

SCHEDULE

DETAILS OF *SENTENCE/*SENTENCES TO BE SERVED

                                                         1                                                6

                                                         2

                                                         3

Dated                                                7.

                                                         8

*Judge of                                          4/*Magistrate

1        insert State or Territory

2        insert name of prison

3        insert full name of judge or magistrate

4        insert name of court

5        insert full name of person

6        insert details of each outstanding sentence commencing with the longest outstanding sentence

7        insert date

8        signature of judge or magistrate

*       omit if inapplicable

Form 3Notice of proposed revocation of parole order or licence

  

Commonwealth of Australia

Crimes Act 1914

NOTICE OF REVOCATION UNDER SUBSECTION 19AU(2)

To                                         1, a person to whom *a parole order under section 19AL/*a licence under section 19AP of the Crimes Act 1914 relates:

I,                                           2, Attorney‑General of the Commonwealth of Australia, under subsection 19AU(2) of the Crimes Act 1914, notify you that:

*(a)    you have not complied with the following *condition/*conditions of your *parole order/*licence:

(i)                                     3;

(ii)                                    3; and

*(a)    I have reasonable grounds to suspect that you have not complied with the following *condition/*conditions of your *parole order/*licence:

(i)                                     3;

(ii)                                    3; and

(b)     I propose to revoke that *parole order/*licence at the end of 14 days after the date of this notice unless:

(i)      before then, you give me reasons, in writing, why the *parole order/*licence should not be revoked; and

(ii)     I accept those reasons.

This notice has been issued because

*                                            1 failed to comply with *a condition/*conditions of the *parole order/*licence during the *parole period/*licence period.

*there are reasonable grounds for suspecting that                                        1 has failed to comply with *a condition/*conditions of the *parole order/*licence during the *parole period/*licence period.

Dated                                    4.

5

Attorney‑General

1        insert full name of person

2        insert full name of Attorney‑General

3        list details of each condition which has allegedly been breached

4        insert date

5        signature of Attorney‑General

*       omit if inapplicable

Form 4Warrant for arrest where parole order or licence has been revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT FOR ARREST UNDER SUBSECTION 19AV(2)

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

I,                                                                     2,                                                           3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 19AV(2) of that Act, authorise and request you to arrest                                                                                                                        4 and bring that person, as soon as practicable, before a magistrate in the *State/*Territory in which that person is arrested to be dealt with according to law.

This warrant is issued because:

(a)     the *Attorney‑General/*Director of Public Prosecutions has applied under subsection 19AV(2) of the Crimes Act 1914 for the issue of this warrant; and

(b)     I am satisfied that the *parole order/*licence relating to                   4 has been revoked under section 19AU of that Act.

Dated                                    5.

6

3

1        insert State or Territory

2        insert full name of prescribed authority

3        insert designation of prescribed authority

4        insert full name of person

5        insert date

6        signature of prescribed authority

*       omit if inapplicable

Form 5Warrant authorising detention where parole order or licence has been revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 19AW(1) AUTHORISING THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

AND to the officer in charge of                      2 in                                          1:

I,                                                                     3,                                             4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:

(a)     under paragraph 19AW(1)(d) of that Act authorise those members in             1 to take      5 to       2 in       1 and deliver that person to the officer in charge of that prison, together with this warrant; and

(b)     under paragraph 19AW(1)(e) of that Act direct the officer in charge of          2 in  1 to detain        5 to undergo imprisonment for the *term/*terms of the *sentence/*sentences of imprisonment specified in the Schedule*./*; and

*(c)    under paragraph 19AW(1)(f) of that Act fix the non‑parole period in respect of the *sentence/*sentences at                                                       6.

This warrant is issued because:

(a)     the Attorney‑General, under section 19AU of the Crimes Act 1914, has revoked the *parole order/*licence relating to                                                                                                  5; and

*(b)    I am satisfied that:

(i)                                     5 is the person named in that revocation order; and

(ii)                                    5 was notified by the Attorney‑General of the proposal to make the revocation order; and

(iii)    the revocation order is still in force.

SCHEDULE

DETAILS OF *SENTENCE/*SENTENCES TO BE SERVED

7

Dated                                    8.

9

4

1        insert State or Territory

2        insert name of prison

3        insert full name of prescribed authority

4        insert designation of prescribed authority

5        insert full name of person

6        insert length of non‑parole period

7        insert particulars of the unserved part of each outstanding sentence

8        insert date

9        signature of prescribed authority

*       omit if inapplicable

Form 6Warrant authorising the remand of a person where parole order or licence has been revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 19AW(2) AUTHORISING THE REMAND OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

AND to the officer in charge of                      2 in                                          1:

I,                                                                     3,                                             4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 19AW(2) of that Act:

(a)     authorise those members in            1 to take                                                     5 to 2 in       1 and deliver that person to the officer in charge of that prison, together with this warrant; and

(b)     authorise the officer in charge of   2 in                                                             1 to receive  5 into custody and keep that person until                     6 when that officer is to have that person brought before this court at  7.

This warrant is issued because:

(a)     a hearing under subsection 19AW(1) of the Crimes Act 1914 is not completed; and

(b)     I am satisfied that it is necessary to remand                                                     5 in custody.

Dated                                    8.

9

4

1        insert State or Territory

2        insert name of prison

3        insert full name of prescribed authority

4        insert designation of prescribed authority

5        insert full name of person

6        insert time and date

7        insert address of court

8        insert date

9        signature of prescribed authority

*       omit if inapplicable

Form 7Order for the detention of a person where parole order or licence has been revoked

  

Commonwealth of Australia

Crimes Act 1914

ORDER UNDER PARAGRAPH 19AX(1)(b) FOR THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

AND to the officer in charge of                      2 in                                          1:

I,                                                                     3,                                             4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 19AX(1)(b) of that Act:

(a)     authorise those members in            1 to take                                                     5 to  2 in       1 and deliver that person to the officer in charge of that prison, together with this warrant; and

(b)     direct the officer in charge of         2 in                                                             1 to receive 5 into custody and detain that person until:

(i)      the Attorney‑General orders that the revocation order under subsection 19AU(1) of that Act be rescinded; or

(ii)     the completion of proceedings under subsection 19AW(1) of that Act.

This warrant is issued because:

(a)     the Attorney‑General, under subsection 19AU(1) of the Crimes Act 1914, has revoked the *parole order/*licence relating to                5; and

(b)     I am satisfied that                           5 is the person named in that revocation order; and

(c)     I am not satisfied that                     5 was notified by the Attorney‑General of the proposal to make the revocation order.

Dated                                    6.

7

4

1        insert State or Territory

2        insert name of prison

3        insert full name of prescribed authority

4        insert designation of prescribed authority

5        insert full name of person

6        insert date

7        signature of prescribed authority

*       omit if inapplicable

Form 8Notification of breach of conditions where parole order or licence has been revoked

  

Commonwealth of Australia

Crimes Act 1914

NOTIFICATION OF BREACH UNDER SUBSECTION 19AX(2)

TO:                                                                 1, a person subject to a revocation order under subsection 19AU(1) of the Crimes Act 1914:

I,                                                                     2, Attorney‑General of the Commonwealth of Australia, under subsection 19AX(2) of the Crimes Act 1914:

*(a)    notify you that you have not complied with the following *condition/*conditions of your *parole order/*licence:

(i)                                     3;

(ii)                                    3; and

*(a)    notify you that I have reasonable grounds to suspect that you have not complied with the following *condition/*conditions of your *parole order/*licence:

(i)                                     3;

(ii)                                    3; and

(b)     request that you give me, within 14 days after the date of this notice, reasons, in writing, why the *parole order/*licence should not have been revoked.

I do not propose to rescind the revocation of the *parole order/*licence unless you give me reasons and I accept them.

This notice has been issued because:

(a)     I have been notified by                  4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, that                                       1 has been brought before that authority; and

(b)                                                            4 is not satisfied that                                   1 was notified by me under subsection 19AU(2) of that Act that I proposed to make the revocation order.

Dated                                    5.

6

Attorney‑General

1        insert full name of person

2        insert full name of Attorney‑General

3        list details of each condition which has allegedly been breached

4        insert full name and designation of prescribed authority

5        insert date

6        signature of Attorney‑General

*       omit if inapplicable

Form 9Summons to appear

  

Commonwealth of Australia

Crimes Act 1914

SUMMONS UNDER SUBSECTION 19AZ(2)

TO:                                                                 1

You are summoned under subsection 19AZ(2) of the Crimes Act 1914 to appear before the  2 at       3 at       4 and to attend from day to day, unless you are excused or released from attendance, to give evidence *and/*to produce the following *documents/*and/*articles:

5

                                                            1.

5.

                                                            2.

Dated                                    6.

7

8

Note           If you are served with a summons under subsection 19AZ(2) of the Crimes Act 1914 and then fail to attend as required by the summons without a reasonable excuse, you may have committed an offence and may be liable, on conviction, to a fine not exceeding 10 penalty units.

1        insert name and address of witness

2        insert name of court

3        insert address of court

4        insert time and date

5        insert details of documents or articles

6        insert date

7        signature of prescribed authority

8        designation of prescribed authority

*       omit if inapplicable

Form 10Order and recognisance where discharge without conviction

  

Commonwealth of Australia

Crimes Act 1914

ORDER AND RECOGNISANCE UNDER SECTION 19B

IN THE                                   1

AT                                          2

IN THE *STATE OF               3

BETWEEN:

4(*Informant/*Appellant)

‑and‑

5(*Defendant/*Respondent)

ORDER

THE COURT DISCHARGES the *defendant/*appellant under section 19B of the Crimes Act 1914 without proceeding to conviction upon the *defendant/*appellant giving security *with *surety/*sureties of $       6 by recognisance of $ 7 to comply with the following conditions:

(a)     that the *defendant/*appellant is to be of good behaviour for                          8 *months/*years;

*(b)    that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $    9 to       10 *by                                                 11/ *by instalments of $                         12;

*(c)    that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $                                                9 to                                                           10 *by            11/ *by instalments of $                                                12;

*(d)    that the *defendant/*appellant is to comply with the following further conditions:

(i)                                     13;

(ii)                                    13.

This Order has been issued because:

*(a)    the appellant,                                  14 of                                                         15, appealed to this court against the *sentence/*conviction and sentence imposed by the                                2 Magistrates’ Court on          16 in respect of the following federal *offence/*offences:

(i)                                     17;

(ii)                                    17; and

*(a)    the defendant,                                14 of                                                         15, was charged with the following federal *offence/*offences:

(i)                                     17;

(ii)                                    17; and

(b)     the court is satisfied that the *charge is/*charges are proved, but is of the opinion, having regard to:

(i)      the character, antecedents, age, health or mental condition of the person; or

(ii)     the extent to which the *offence is/*offences are of a trivial nature; or

(iii)    the extent to which the *offence was/*offences were committed under extenuating circumstances;

          that *it is inexpedient to inflict *any punishment/*any punishment other than a nominal punishment./*it is expedient to release the *defendant/*appellant on probation.

Dated                                                16.

18

*Judge of                                                        1/*Magistrate/*Registrar of                   1/ *Clerk of        1/*Justice of the Peace

RECOGNISANCE

I,                                                                     14, the *defendant/*appellant:

(a)     have had explained to me:

(i)      the purpose and effect of this Order; and

(ii)     the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and

(iii)    that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and

(b)     agree that I am bound in accordance with this Order; and

(c)     agree that I have been given a copy of this Order.

Dated                                    16.

19

Before me:

20

*Registrar of                                                   1/*Clerk of                                          1 /*Justice of the Peace

UNDERTAKING BY *SURETY/*SURETIES

I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.

I agree that I have been given a copy of this Order.

First Surety:                                                    21

Name:                                                      22

Address:                                                  23

Second Surety:                                                21

Name:                                                      22

Address:                                                  23

1        insert name of court

2        insert location of court

3        insert State or Territory

4        insert name of informant or appellant

5        insert name of defendant or respondent

6        insert amount of surety or sureties

7        insert amount of recognisance

8        insert period

9        insert amount

10       insert to whom amount is to be paid

11       insert date by which amount must be paid

12       insert details of instalments

13       insert details of further conditions, including period

14       insert name of defendant or appellant

15       insert address of defendant or appellant

16       insert date

17       insert details of offences

18       signature of judge, magistrate, registrar, clerk or justice of the peace

19       insert signature of defendant or appellant

20       signature of registrar, clerk or justice of the peace

21       signature of surety

22       insert full name of surety

23       insert address of surety

*       omit if inapplicable

Form 11Order and recognisance where release without passing sentence

  

Commonwealth of Australia

Crimes Act 1914

ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(a)

IN THE                                   1

AT                                          2

IN THE *STATE OF               3

BETWEEN:

4(*Informant/*Appellant)

‑and‑

5(*Defendant/*Respondent)

ORDER

THE COURT ORDERS the release of the *defendant/*appellant under paragraph 20(1)(a) of the Crimes Act 1914 without passing sentence on the *defendant/*appellant upon the *defendant/*appellant giving security *with *surety/*sureties of $                                      6 by recognisance of $                          7 to comply with the following conditions:

(a)     that the *defendant/*appellant is to be of good behaviour for                        8 *months/*years;

*(b)    that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $    9 to       10 *by                                                 11/*by instalments of $                             12;

*(c)    that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $                                                9 to                                                           10 *by 11/ *by instalments of $                                                       12;

*(d)    that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $    9 to       13 *by                                                        11/*by instalments of $                             12;

*(e)    that the *defendant/*appellant is to comply with the following further conditions:

(i)                                     14;

(ii)                                    14.

This Order has been issued because:

*(a)    the appellant,                                  15 of                                                         16, appealed to this court against the *sentence/*conviction and sentence imposed by the                                2 Magistrates’ Court on          17 in respect of the following federal *offence/*offences:

(i)                                     18;

(ii)                                    18; and

*(a)    the defendant,                                15 of                                                         16, was charged with the following federal *offence/*offences:

(i)                                     18;

(ii)                                    18; and

(b)     the court has convicted the *defendant/*appellant of the *offence/*offences; and

(c)     the court has decided to release the *defendant/*appellant without passing sentence on the *defendant/*appellant if the *defendant/*appellant complies with the conditions of this Order.

Dated                                    17.

19

*Judge of                                                        1/*Magistrate/*Registrar of                   1/

*Clerk of                                                         1/*Justice of the Peace

RECOGNISANCE

I,                                                                     15, the *defendant/*appellant:

(a)     have had explained to me:

(i)      the purpose and effect of this Order; and

(ii)     the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and

(iii)    that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and

(b)     agree that I am bound in accordance with this Order; and

(c)     agree that I have been given a copy of this Order.

Dated                                    17.

20

Before me:

21

*Registrar of                                                   1/*Clerk of                                          1 /*Justice of the Peace

UNDERTAKING BY *SURETY/*SURETIES

I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.

I agree that I have been given a copy of this Order.

First Surety:                                                    22

Name:                                                      23

Address:                                                  24

Second Surety:                                                22

Name:                                                      23

Address:                                                  24

1        insert name of court

2        insert location of court

3        insert State or Territory

4        insert name of informant or appellant

5        insert name of defendant or respondent

6        insert amount of surety or sureties

7        insert amount of recognisance

8        insert period

9        insert amount

10       insert to whom amount is to be paid

11       insert date by which amount must be paid

12       insert details of instalments

13       insert to whom penalty is to be paid

14       insert details of further conditions, including period

15       insert name of defendant or appellant

16       insert address of defendant or appellant

17       insert date

18       insert details of offences

19       signature of judge, magistrate, registrar, clerk or justice of the peace

20       insert signature of defendant or appellant

21       signature of registrar, clerk or justice of the peace

22       signature of surety

23       insert full name of surety

24       insert address of surety

*       omit if inapplicable

Form 12Order and recognisance where sentenced

  

Commonwealth of Australia

Crimes Act 1914

ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(b)

IN THE                                   1

AT                                          2

IN THE *STATE OF               3

BETWEEN:

4(*Informant/*Appellant)

‑and‑

5(*Defendant/*Respondent)

ORDER

THE COURT ORDERS the release of the *defendant/*appellant under paragraph 20(1)(b) of the Crimes Act 1914 *after serving                                                            6 *month/*months of the term of imprisonment/*forthwith upon the *defendant/*appellant giving security *with *surety/*sureties of $                                7 by recognisance of $ 8 to comply with the following conditions:

(a)     that the *defendant/*appellant is to be of good behaviour for                     9 *months/*years;

*(b)    that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $    10 to      11 *by                                                 12/*by instalments of $                          13;

*(c)    that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $                                                10 to                                                       11 by    12/ *by instalments of $                                                       13;

*(d)    that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $    10 to      14 *by                                                       12/*by instalments of $                          13;

*(e)    that the *defendant/*appellant is to comply with the following further conditions:

(i)                                     15;

(ii)                                    15.

This Order has been issued because:

*(a)    the appellant,                                  16 of                                                      17, appealed to this court against the *sentence/*conviction and sentence imposed by the                              2 Magistrates’ Court on            18 in respect of the following federal *offence/*offences:

(i)                                     19;

(ii)                                    19; and

*(a)    the defendant,                                16 of                                                       17, was charged with the following federal *offence/*offences:

(i)                                     19;

(ii)                                    19; and

(b)     the Court has sentenced the *defendant/*appellant to a term of imprisonment; and

(c)     the Court has decided that the *defendant/*appellant be released *after serving      6 *month/*months of the sentence/*forthwith if the *defendant/*appellant complies with the conditions of this Order.

Dated                                    18.

20

*Judge of                                                        1/*Magistrate/*Registrar of                   1/ *Clerk of        1/*Justice of the Peace

RECOGNISANCE

I,                                                                     16, the *defendant/*appellant:

(a)     have had explained to me:

(i)      the purpose and effect of this Order; and

(ii)     the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and

(iii)    that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and

(b)     agree that I am bound in accordance with this Order; and

(c)     agree that I have been given a copy of this Order.

Dated                                    18.

21

Before me:

22

*Registrar of                                                   1/*Clerk of                                          1/ *Justice of the Peace

UNDERTAKING BY *SURETY/*SURETIES

I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.

I agree that I have been given a copy of this Order.

First Surety:                                                    23

Name:                                                      24

Address:                                                  25

Second Surety:                                                23

Name:                                                      24

Address:                                                  25

1        insert name of court

2        insert location of court

3        insert State or Territory

4        insert name of informant or appellant

5        insert name of defendant or respondent

6        insert number of months

7        insert amount of surety or sureties

8        insert amount of recognisance

9        insert period

10       insert amount

11       insert to whom amount is to be paid

12       insert date by which amount must be paid

13       insert details of instalments

14       insert to whom penalty is to be paid

15       insert details of further conditions, including period

16       insert name of defendant or appellant

17       insert address of defendant or appellant

18       insert date

19       insert details of offences

20       signature of judge, magistrate, registrar, clerk or justice of the peace

21       signature of defendant or appellant

22       signature of registrar, clerk or justice of the peace

23       signature of surety

24       insert full name of surety

25       insert address of surety

*       omit if inapplicable

Form 13Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT FOR ARREST UNDER PARAGRAPH 20BF(3)(b)

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

I,                                                                     2,                                                              3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 20BF(3)(b) of that Act, authorise and request you to arrest                                                               4 and bring that person, as soon as practicable, before a magistrate in the *State/*Territory in which that person is arrested to be dealt with according to law.

This warrant is issued because:

(a)     the Attorney‑General, under section 20BE of the Crimes Act 1914, ordered that    4 be released from detention; and

(b)     the Attorney‑General, under subsection 20BF(1) of that Act, has revoked that release order.

Dated                                    5.

6

3

1        insert State or Territory

2        insert full name of prescribed authority

3        insert designation of prescribed authority

4        insert full name of person

5        insert date

6        signature of prescribed authority

*       omit if inapplicable

Form 14Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 20BF(5) AUTHORISING THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

AND to the officer in charge of                      2 in                                                        1:

I,                                                                     3,                                                           4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:

(a)     under paragraph 20BF(5)(c) of that Act authorise those members in               1 to take      5 to       2 in       1 and deliver that person to the officer in charge of that *prison/*hospital, together with this warrant; and

(b)     under paragraph 20BF(5)(d) of that Act direct the officer in charge of          2 in    1 to detain        5 for the period of                                        6.

This warrant is issued because:

(a)     the Attorney‑General, under subsection 20BF(1) of the Crimes Act 1914, has revoked the release order relating to                                                                                                       5; and

(b)     I am satisfied that:

(i)                                     5 is the person named in the instrument revoking the release order; and

(ii)     the release order has been revoked and the revocation is still in force.

Dated                                    7.

8

4

1        insert State or Territory

2        insert name of prison or hospital

3        insert full name of prescribed authority

4        insert designation of prescribed authority

5        insert full name of person

6        insert period

7        insert date

8        signature of prescribed authority

*       omit if inapplicable

Form 15Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 20BF(6) AUTHORISING THE REMAND OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

AND to the officer in charge of                      2 in                                                        1:

I,                                                                     3,                                                           4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 20BF(6) of that Act:

(a)     authorise those members in            1 to take                                                     5 to  2 in       1 and deliver that person to the officer in charge of that *prison/*hospital, together with this warrant; and

(b)     authorise the officer in charge of   2 in                                                             1 to receive  5 into custody and keep that person until                     6 when that officer is to have that person brought before this court at  7.

This warrant is issued on the basis that:

(a)                                                            5 has been brought before me under subsection 20BF(4) of the Crimes Act 1914; and

(b)     I have not completed the hearing under subsection 20BF(5) of that Act.

Dated                                    8.

9

4

1        insert State or Territory

2        insert name of prison or hospital

3        insert full name of prescribed authority

4        insert designation of prescribed authority

5        insert full name of person

6        insert time and date

7            insert address of court

8        insert date

9        signature of prescribed authority

*       omit if inapplicable

Form 16Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT FOR ARREST UNDER SUBSECTION 20BM(3)

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

I,                                                                     2,                                                           3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 20BM(3)(b) of that Act, authorise and request you to arrest                                                               4 and bring that person, as soon as practicable, before a magistrate in the *State/*Territory in which that person is arrested to be dealt with according to law.

This warrant is issued because:

(a)     the Attorney‑General under section *20BL/*20BT of the Crimes Act 1914, ordered that    4 be released from detention; and

(b)     the release order relating to            4 has been revoked.

Dated                                    5.

6

3

1        insert State or Territory

2        insert full name of prescribed authority

3        insert designation of prescribed authority

4        insert full name of person

5        insert date

6        signature of prescribed authority

*       omit if inapplicable

Form 17Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 20BM(5) AUTHORISING THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

AND to the officer in charge of                      2 in                                                        1:

I,                                                                     3,                                                           4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:

(a)     under paragraph 20BM(5)(c) of that Act authorise those members in              1 to take       5 to       2 in       1 and deliver that person to the officer in charge of that *prison/*hospital, together with this warrant; and

(b)     under paragraph 20BM(5)(d) of that Act direct the officer in charge of        2 in    1 to receive       5 into custody and detain that person for the period of                                            6.

This warrant is issued because:

(a)     the Attorney‑General, under subsection 20BM(1) of the Crimes Act 1914, has revoked the release order relating to                                                                                                       5; and

(b)     I am satisfied that:

(i)                                     5 is the person named in the instrument revoking the release order; and

(ii)     the release order has been revoked and the revocation is still in force.

Dated                                    7.

8

4

1        insert State or Territory

2        insert name of prison or hospital

3        insert full name of prescribed authority

4        insert designation of prescribed authority

5        insert full name of person

6        insert period

7        insert date

8        signature of prescribed authority

*       omit if inapplicable

Form 18Warrant under subsection 20BM(6) of the Act authorising the remand of a person where release order revoked

  

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 20BM(6) AUTHORISING THE REMAND OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

AND to the officer in charge of                      2 in                                                       1:

I,                                                                     3,                                                           4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 20BM(6) of that Act:

(a)     authorise those members in            1 to take                                                     5 to  2 in       1 and deliver that person to the officer in charge of that *prison/*hospital, together with this warrant; and

(b)     authorise the officer in charge of   2 in                                                             1 to receive  5 into custody and keep that person until                     6 when that officer is to have that person brought before this court at  7.

This warrant is issued on the basis that:

(a)                                                            5 has been brought before me under subsection 20BM(4) of the Crimes Act 1914; and

(b)     I have not completed the hearing under subsection 20BM(5) of that Act.

Dated                                    8.

9

4

1        insert State or Territory

2        insert name of prison or hospital

3        insert full name of prescribed authority

4        insert designation of prescribed authority

5        insert full name of person

6        insert time and date

7        insert address of court

8        insert date

9        signature of prescribed authority

*       omit if inapplicable

Form 19Summons in relation to breach of psychiatric probation order or program probation order

  

Commonwealth of Australia

Crimes Act 1914

SUMMONS UNDER PARAGRAPH 20BW(1)(a)

IN THE                                   1

AT                                          2

IN THE *STATE OF               3

4(Informant)

‑and‑

5(Defendant)

To:                                                                  6

You are summoned under paragraph 20BW(1)(a) of the Crimes Act 1914 to appear before the         7 at       8 at       9 to answer the information alleging the breach of the following *condition/*conditions of the order under section *20BV/*20BY of that Act:

(a)                                                            10;

(b)                                                            10;

and to be further dealt with according to law.

Dated                                    11.

12

13

1        insert name of court

2        insert location of court

3        insert State or Territory

4        insert name of informant

5        insert name of defendant

6        insert name of person

7        insert name of court

8        insert address of court

9        insert time and date

10       list details of alleged breaches of conditions

11       insert date

12       signature of magistrate

13       designation of magistrate

*       omit if inapplicable

Form 20Warrant in relation to breach of psychiatric probation order or program probation order

  

Commonwealth of Australia

Crimes Act 1914

WARRANT FOR ARREST UNDER PARAGRAPH 20BW(1)(b)

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

I,                                                                     2,                                                           3, under *paragraph 20BW(1)(b) of the Crimes Act 1914:

(a)     authorise and request you to arrest 4 and bring that person, as soon as practicable, before this court; and

(b)     authorise you to detain                   4 in custody until dealt with according to law.

This warrant is issued because:

(a)     an order under section *20BV/*20BY of the Crimes Act 1914 has been made in relation to           4; and

(b)     information has been laid on oath before me of the following *breach/*breaches of the conditions of the order without reasonable excuse:

(i)                                     5;

(ii)                                    5; and

(c)     I am of the opinion that proceedings against                                                    4 by summons might not be effective.

Dated                                                6.

7

4

1        insert State or Territory

2        insert full name of magistrate

3        insert designation of magistrate

4        insert full name of person

5        list details of alleged breaches of conditions

6        insert date

7        signature of magistrate

*       omit if inapplicable

Form 21Warrant for arrest in relation to breach of psychiatric probation order or program probation order

  

Commonwealth of Australia

Crimes Act 1914

WARRANT FOR ARREST UNDER SUBSECTION 20BW(2)

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of            1:

I,                                                                     2,                                                           3, under subsection 20BW(2) of the Crimes Act 1914:

(a)     authorise and request you to arrest                                                                          4 and bring that person, as soon as practicable, before this court; and

(b)     authorise you to detain                   4 in custody until dealt with according to law.

This warrant is issued because                        4

* is a person who has been served with a summons issued under subsection 20BW(1) of the Crimes Act 1914 and who has failed to attend before the court as required by the summons.

* is a person who has been admitted to bail under subsection 20BW(4) of the Crimes Act 1914 and who has failed to attend before the court as required by the conditions of the bail.

Dated                                    5.

6

3

1        insert State or Territory

2        insert full name of magistrate

3        insert designation of magistrate

4        insert full name of person

5        insert date

6        signature of magistrate

*       omit if inapplicable

Form 22Certificate in relation to reparation for offences

  

Commonwealth of Australia

Crimes Act 1914

CERTIFICATE UNDER SUBSECTION 21B(3)

IN THE                                   1

AT                                          2

IN THE *STATE OF               3

BETWEEN:

4(Informant)

‑and‑

5(Defendant)

I,                                                                     6,                                                           7, hereby certify that on           8 the court ordered that                                           9 is to pay $                                           10 to      11 by     12.

Dated                                    13.

14

7

Note           You have been convicted of a federal offence under the Crimes Act 1914 or, under section 19B of that Act, you have been discharged without conviction. The court has also ordered you to make reparation to the Commonwealth, a public authority under the Commonwealth or another person by payment of an amount of money or otherwise. This payment is in addition to any fine or other penalty imposed by the court. The above certificate when filed in a court of civil jurisdiction is enforceable as a final judgment of the court in which it is filed.

1        insert name of court

2        insert location of court

3        insert State or Territory

4        insert name of informant

5        insert name of defendant

6        insert full name of clerk or appropriate officer

7        insert designation of officer

8        insert date of order

9        insert name of defendant

10       insert amount

11       insert to whom amount is to be paid

12       insert date by which amount is to be paid

13       insert date

14       signature of clerk or appropriate officer

*       omit if inapplicable


Schedule 2Spent convictions

Note:       See section 21.

  

  

1  Exclusions from Division 3 of Part VIIC of the Act (spent convictions)

                   For the purposes of paragraph 85ZZH(k) of the Act, Division 3 of Part VIIC of the Act does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body mentioned in column 1 of an item in the following table, for a purpose mentioned in column 2 of the item, in relation to a conviction for an offence mentioned in column 3 of the item.

 

Exclusions from Division 3 of Part VIIC of the Act

Item

Column 1

Person or body

Column 2

Purpose

Column 3

Offence

1

Commonwealth authority

(a) Assessing the suitability of a person to be employed or otherwise engaged in work that is likely to involve access to national security information classified as secret or top secret; or

(b) providing assistance to a person referred to in paragraph 85ZZH(d) of the Act in relation to the making of a decision referred to in that paragraph (immigration and citizenship decisions)

Any offence

2

Defence Force

Assessing the suitability of a person for appointment to a position involving the care, instruction or supervision of minors

Designated offence

3

(a) Director of Military Prosecutions (within the meaning of the Defence Force Discipline Act 1982); or

(b) a prosecutor required under that Act to present evidence of a defendant’s prior convictions

Considering whether to prosecute and making submissions and decisions as to sentence

Any offence

4

(a) Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015); or

(b) Secretary of the Department administered by the Minister administering Part XII of the Customs Act 1901 (officers)

(a) Assessing the suitability of a person to have responsibility for matters relating to law enforcement; or

(b) considering whether to prosecute and making submissions as to sentence

Any offence

5

Government of New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory

Assessing the suitability of a person for appointment as a justice of the peace

Any offence

6

Person or body that administers a prison in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory

Assessing the suitability of a person to have responsibility for the care or control of prisoners

Offence involving violence

7

Person or body that employs or otherwise engages persons to provide care for persons with disabilities in residential settings in Victoria

Assessing the suitability of a person to have responsibility for the care of persons with disabilities in a residential setting

Offence involving violence

8

(a) Commonwealth Government; or

(b) Government of New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory

Assessing the suitability of a person to be licensed as director, or appointed as the chief executive, of a casino

Any offence

9

Government of Tasmania

Assessing the suitability of a person for appointment to the Poppy Advisory and Control Board mentioned in section 59H of the Poisons Act 1971 (Tas.) as in force from time to time

Drug offence

10

Poppy Advisory and Control Board mentioned in section 59H of the Poisons Act 1971 (Tas.) as in force from time to time

(a) Assessing the suitability of a person to be the holder of a licence to grow alkaloid poppies; or

(b) assessing the suitability of a person to be employed or otherwise engaged by the Poppy Advisory and Control Board in connection with:

(i) processing applications for licences to grow alkaloid poppies; or

(ii) monitoring the growing of alkaloid poppies

Drug offence

11

Person or body that is lawfully engaged in the growing of alkaloid poppies (within the meaning of the Poisons Act 1971 (Tas.)) or the production of opiate alkaloids

Assessing the suitability of a person to be employed or otherwise engaged in connection with the growing of alkaloid poppies or the production of opiate alkaloids

Drug offence

12

Public library, university library, public archives office or Australian War Memorial

Making available material for research, reference or study

Any offence

13

Issuing body (within the meaning of the Aviation Transport Security Regulations 2005)

Assessing whether to issue an ASIC (within the meaning of the Aviation Transport Security Regulations 2005) to a person in accordance with Part 6 of that instrument

Aviation security offence

14

Person or body that employs or otherwise engages another person to provide services or undertake work at a place where care, instruction or supervision services for minors are provided

Assessing the suitability of a person to be employed or otherwise engaged in work that is likely to involve direct contact with minors

Designated offence

15

Australian Securities and Investments Commission

(a) Considering whether to prosecute and making submissions as to sentence; or

(b) assessing prospective employees or prospective members of the Australian Securities and Investments Commission; or

(c) assessing persons proposed to be engaged as consultants to, or to perform services for, the Australian Securities and Investments Commission

Any offence

16

Minister administering the Australian Securities and Investments Commission Act 2001

Assessing prospective members of the Australian Securities and Investments Commission

Any offence

17

Person or body that employs or otherwise engages persons to provide advocacy or care for persons with intellectual disabilities

Assessing the suitability of a person:

(a) to act as an advocate for a person with an intellectual disability; or

(b) to have responsibility for the care of a person with an intellectual disability

Offence against the person

18

Person or body that employs or otherwise engages persons to care for or control detainees under the Migration Act 1958

Assessing the suitability of a person to have responsibility for the care or control of a detainee under the Migration Act 1958

Offence involving violence

19

Issuing body (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003)

Assessing whether to issue an MSIC (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003) to a person in accordance with Subdivision 6.1A.4 of that instrument

Maritime security offence

20

Secretary (within the meaning of the AusCheck Act 2007) or an AusCheck staff member (within the meaning of that Act)

The purposes of the AusCheck scheme (within the meaning of the AusCheck Act 2007)

(a) For an applicant for, or holder of, an ASIC (within the meaning of the AusCheck Act 2007)—aviation security offence; or

(b) for an applicant for, or holder of, an MSIC (within the meaning of the AusCheck Act 2007)—maritime security offence; or

(c) for an individual required to undergo, or who has undergone, an NHS check (within the meaning of the Security Sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007)—health security offence

21

Secretary (within the meaning of the Aviation Transport Security Act 2004)

Assessing whether to approve the issue of an ASIC (within the meaning of the Aviation Transport Security Regulations 2005) to a person in accordance with regulation 6.29 of that instrument

Aviation security offence

22

Secretary (within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003)

Assessing whether to approve the issue of an MSIC (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003) to a person in accordance with regulation 6.08F of that instrument

Maritime security offence

23

Entity to which Division 5 of Part 3 of the National Health Security Act 2007 applies (entities that handle security‑sensitive biological agents)

Assessing whether to authorise a person under clause 3.3 of the Security Sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007

Health security offence

24

Secretary (within the meaning of the Narcotic Drugs Act 1967)

Assessing whether a person is a fit and proper person to:

(a) hold a licence (within the meaning of the Narcotic Drugs Act 1967); or

(b) be associated with the holder of such a licence

Any offence