Public Order (Protection of Persons and Property) Regulations 2019

made under section 13H of the

Public Order (Protection of Persons and Property) Act 1971

Compilation No. 1

Compilation date: 1 July 2023

Includes amendments up to: F2023L00814

Registered: 27 July 2023

About this compilation

This compilation

This is a compilation of the Public Order (Protection of Persons and Property) Regulations 2019 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

5 Definitions

Part 2—Provisions relating to premises of certain investigatory authorities

Division 1—Investigatory authorities to which Part IIA of the Act applies

6 Investigatory authorities to which Part IIA of the Act applies

Division 2—Limits on exercising powers under sections 13C and 13D of the Act

7 Authority

8 Revealing status as authorised officer before exercising power

9 Explaining before conducting frisk search

Division 3—Dealing with information given in response to a requirement made under Part IIA of the Act

10 Authority

11 Disclosing information

12 Recording information electronically

Division 4—Returning identity cards

13 Returning identity cards

Part 3—Transitional provisions

Division 1—Provisions for this instrument as originally made

14 Application of Division 3 of Part 2

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Public Order (Protection of Persons and Property) Regulations 2019.

3  Authority

  This instrument is made under section 13H of the Public Order (Protection of Persons and Property) Act 1971.

5  Definitions

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

(a) constable;

(b) frisk search;

(c) Police Force.

  In this instrument:

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

authorised officer has the same meaning as in Part IIA of the Act.

identity card of an authorised officer means a card that:

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

 (b) includes a recent photograph of the officer; and

 (c) states the office held by the issuer of the card.

investigatory authority has the same meaning as in Part IIA of the Act.

Note: Part IIA of the Act and Part 2 of this instrument apply only to investigatory authorities mentioned in section 6 of this instrument.

Part 2—Provisions relating to premises of certain investigatory authorities

Division 1—Investigatory authorities to which Part IIA of the Act applies

6  Investigatory authorities to which Part IIA of the Act applies

  The following investigatory authorities are prescribed for the purposes of Part IIA of the Act:

 (a) the Australian Criminal Intelligence Commission;

 (b) the National Anti‑Corruption Commissioner.

Division 2—Limits on exercising powers under sections 13C and 13D of the Act

7  Authority

  This Division is for the purposes of subsections 13C(1) and 13D(1) of the Act.

8  Revealing status as authorised officer before exercising power

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

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

 (b) if the officer is a constable—show the person the officer’s identification as a constable; and

 (c) if the officer is not a constable—show the person the officer’s identity card.

9  Explaining before conducting frisk search

  Before conducting a frisk search of a person under section 13D of the Act, an authorised officer for an investigatory authority must, if practicable, tell the person about:

 (a) the procedure for the frisk search; and

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

Division 3—Dealing with information given in response to a requirement made under Part IIA of the Act

10  Authority

  This Division is for the purposes of section 13H of the Act, so far as that section relates to providing for the dealing with information given by a person in response to a requirement made under Part IIA of the Act.

11  Disclosing information

 (1) An authorised officer for an investigatory authority who obtains information under section 13C of the Act may disclose the information to a Police Force.

 (2) An authorised officer for the Australian Criminal Intelligence Commission may disclose information obtained under section 13C of the Act to the Chief Executive Officer of the Commission.

 (3) An authorised officer for the National Anti‑Corruption Commissioner may disclose information obtained under section 13C of the Act to the National Anti‑Corruption Commissioner.

 (4) Despite subsections (1), (2) and (3), an authorised officer for an investigatory authority may disclose information under one of those subsections only if the officer reasonably believes it is necessary in the interests of security to do so.

12  Recording information electronically

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

Division 4—Returning identity cards

13  Returning identity cards

  A person who ceases to be an authorised officer for an investigatory authority and holds an identity card must give the card as soon as practicable to:

 (a) the person who issued it; or

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

Part 3—Transitional provisions

Division 1—Provisions for this instrument as originally made

14  Application of Division 3 of Part 2

  Division 3 of Part 2 applies to information given by a person in response to a requirement made under Part IIA of the Act, whether the information was given before, on or after the commencement of this instrument.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history