Crimes Regulations 2019

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; or

(d) for an applicant for, or holder of, an MNE accreditation (within the meaning of the AusCheck Regulations 2017)—MNE level 1 disqualifying offence (within the meaning of that instrument).

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

23A

Organising body (within the meaning of the AusCheck Regulations 2017)

Assessing whether to issue an MNE accreditation (within the meaning of the AusCheck Regulations 2017) to an individual in accordance with Part 2 of that instrument

MNE level 1 disqualifying offence (within the meaning of the AusCheck Regulations 2017)

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