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

These regulations commence on gazettal.

(1) In these regulations:

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

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

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

authorised officer
constable
court.

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

4 Prescribed courts

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

(a) the Federal Court of Australia;

(b) the Family Court of Australia;

(d) the National Crime Authority.

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

(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

6 Frisk searches

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

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

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

7 Returning identity card

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

(a) the person who issued the card; or

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

8 Disclosing information

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

(a) the Australian Protective Service;

(b) the Australian Federal Police;

(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.

(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 National Crime Authority may also disclose the information to the Chairperson of the Authority.

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

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

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

9 Recording information electronically

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

Note

1. Made by the Governor-General on 23 February 1999, and notified in the Commonwealth of Australia Gazette on 2 March 1999.