Public Order (Protection of Persons and Property) Regulations 1999

Statutory Rules 1999 No. 26 as amended

made under the

Public Order (Protection of Persons and Property) Act 1971

This compilation was prepared on 3 June 2008
taking into account amendments up to SLI 2008 No. 92

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Name of regulations [see Note 1]

 2 Commencement [see Note 1]

 3 Definitions 

 4 Prescribed courts 

 5 Proof of authority 

 6 Frisk searches 

 7 Returning identity card 

 8 Disclosing information 

 9 Recording information electronically 

Notes   

1 Name of regulations [see Note 1]

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

2 Commencement [see Note 1]

  These regulations commence on gazettal.

3 Definitions

 (1) In these regulations:

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

Integrity Commissioner has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.

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

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

• authorised officer
• constable
• court.

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

4 Prescribed courts

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

 (a) the Federal Court of Australia;

 (b) the Family Court of Australia;

 (ba) the Federal Magistrates Court;

 (c) the Administrative Appeals Tribunal;

 (d) the Australian Crime Commission;

 (e) the High Court of Australia;

 (f) the Integrity Commissioner.

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

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

5 Proof of authority

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

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

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

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

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

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

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

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

6 Frisk searches

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

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

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

7 Returning identity card

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

 (a) the person who issued the card; or

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

8 Disclosing information

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

 (b) the Australian Federal Police;

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

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

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

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

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

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

 (5A) An authorised officer for the High Court of Australia may also disclose the information to:

 (a) the Chief Executive and Principal Registrar of the Court; and

 (b) the Marshal of the Court; and

 (c) a Deputy Marshal of the Court.

 (5B) An authorised officer in relation to the Integrity Commissioner may also disclose the information to the Integrity Commissioner.

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

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

9 Recording information electronically

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

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

Note 1

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

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series).  Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Table of Amendments