MINISTER FOR JUSTICE AND CUSTOMS

EXPLANATORY STATEMENT

Select Legislative Instrument 2005 No. 200

Crimes Amendment Regulations 2005 (No. 2)

Crimes Act 1914

Section 91 of the Crimes Act 1914 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Paragraph 22(1)(b) of the Act provides that a court may order a person charged with, or convicted of, a serious narcotics offence or a prescribed offence against the Commonwealth or a Territory to remain in Australia, refrain from applying for or obtaining an Australian passport, and / or surrender any Australian passport in the person’s possession.  
The Regulations amend the Crimes Regulations 1990 by prescribing indictable offences set out in the Australian Passports Act 2005 and the Foreign Passports (Law Enforcement and Security) Act 2005 for the purposes of paragraph 22(1)(b) of the Act.  No offences are currently prescribed for the purposes of paragraph 22(1)(b) of the Act.
By prescribing these offences, the Regulations provide an important added protection against misuse of Australian travel documents.  The misuse of Australian travel documents can be associated with identity fraud and other criminal activity, including terrorism.  The Regulations complement a range of national security, border protection and law enforcement measures being introduced with the Australian Passports Act 2005.
The Act does not specify that any conditions need to be satisfied before exercising the power to make these Regulations .
The Regulations will be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The proposed Regulations will commence on the day after they are registered.