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This instrument is the Crimes Regulations 2019.
Subject to subsection (2), this instrument is made under the Crimes Act 1914.
Division 2 of Part 11 is made under the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
A number of expressions used in this instrument are defined in the Act, including the following:
chief officer;
controlled operation;
designated offence.
In this instrument:
Act means the Crimes Act 1914.
aviation security offence means an offence against:
the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or
Part 5.3 of the Criminal Code (terrorism); or
Part 5.3A of the Criminal Code (state sponsors of terrorism).
drug offence means an offence constituted by the production, possession, supply, import or export of a substance that is:
a narcotic substance within the meaning of the Customs Act 1901; or
a drug within the meaning of:
subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or
subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.
forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.
forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.
health security offence means an offence against:
the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or
Part 5.1, 5.3 or 5.3A of the Criminal Code (treason and terrorism); or
section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).
maritime security offence means an offence against:
Part 4 of the Australian Passports Act 2005 (offences relating to Australian travel documents); or
the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or
Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code (offences relating to people smuggling, the security of the Commonwealth, forgery, border controlled drugs and plants and money laundering); or
section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (smuggling and offences relating to import or export of certain goods); or
Division 10 of Part IV of the repealed Navigation Act 1912 (dangerous goods); or
Subdivision B of Division 4 of Part 4 of Chapter 3 of the Navigation Act 2012 (dangerous goods); or
section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).
For the purposes of paragraph 9B(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the performance or exercise by the Official Trustee of functions, duties or powers under section 9A the Act.
For the purposes of paragraph 9B(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the performance or exercise by the Official Trustee of functions, duties or powers under section 9A of the Act is the equivalent amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002.
Regulation 22 of the Proceeds of Crime Regulations 2019 sets out the amount of remuneration that is payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Proceeds of Crime Act 2002
For the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 1 mentioned in column 2 of the item is prescribed.
Prescribed forms | ||
|---|---|---|
Item | Column 1 Provision of the Act | Column 2 Form in Schedule 1 |
1 | Section 16BA | Form 1 |
2 | Subsection 19AU(2) | Form 3 |
3 | Subsection 19AV(2) | Form 4 |
4 | Subsection 19AW(1) | Form 5 |
The form in Schedule 1 mentioned in column 2 of an item in the following table may be used for the purposes of the provision of the Act mentioned in column 1 of the item.
Optional forms | ||
|---|---|---|
Item | Column 1 Provision of the Act | Column 2 Form in Schedule 1 |
1 | Subsection 19AS(1) | Form 2 |
2 | Subsection 19AW(2) | Form 6 |
3 | Paragraph 19AX(1)(b) | Form 7 |
4 | Subsection 19AX(2) | Form 8 |
5 | Subsection 19AZ(2) | Form 9 |
6 | Paragraph 19B(1)(d) | Form 10 |
7 | Paragraph 20(1)(a) | Form 11 |
8 | Paragraph 20(1)(b) | Form 12 |
9 | Paragraph 20BF(3)(b) | Form 13 |
10 | Subsection 20BF(5) | Form 14 |
11 | Subsection 20BF(6) | Form 15 |
12 | Paragraph 20BM(3)(b) | Form 16 |
13 | Subsection 20BM(5) | Form 17 |
14 | Subsection 20BM(6) | Form 18 |
15 | Paragraph 20BW(1)(a) | Form 19 |
16 | Paragraph 20BW(1)(b) | Form 20 |
17 | Subsection 20BW(2) | Form 21 |
18 | Subsection 21B(3) | Form 22 |
For the purposes of the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.
Corresponding State controlled operations laws | |||
|---|---|---|---|
Item | Column 1 State or Territory | Column 2 Law | Column 3 Provisions |
1 | New South Wales | Law Enforcement (Controlled Operations) Act 1997 (NSW) | All |
2 | Victoria | Crimes (Controlled Operations) Act 2004 (Vic.) | All |
3 | Queensland | Crime and Corruption Act 2001 (Qld) | Part 6A of Chapter 3 |
4 | Queensland | Police Powers and Responsibilities Act 2000 (Qld) | (a) Chapter 11; and (b) Divisions 1 and 3 of Part 5 of Chapter 24 |
5 | Western Australia | Criminal Investigation (Covert Powers) Act 2012 (WA) | Part 2 |
6 | Tasmania | Police Powers (Controlled Operations) Act 2006 (Tas.) | All |
7 | Australian Capital Territory | Crimes (Controlled Operations) Act 2008 (ACT) | All |
8 | Northern Territory | Police (Special Investigative and Other Powers) Act 2015 (NT) | Part 2 |
For the purposes of paragraph 15HB(f) of the Act, the following requirements are specified:
the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:
any conduct in which the participant engages, in the course of and for the purposes of the controlled operation, that is likely to result in legal proceedings against the participant or the Commonwealth; and
any proceedings arising in relation to liability that the participant may have incurred because of conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation;
in any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, the participant must:
authorise the Commonwealth to control the conduct of the defence; and
if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the participant’s legal representative; and
give, and authorise the participant’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and
if an award of costs is made in the participant’s favour—take all steps directed by the Commonwealth to recover the award; and
if the participant recovers any costs—pay the recovered costs to the Commonwealth;
the participant must not make any written or oral agreement to settle any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, in full or in part, unless the terms of the agreement have been approved by the chief officer of the authorising agency.
For the purposes of the definition of corresponding assumed identity law in section 15K of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.
Corresponding assumed identity laws | |||
|---|---|---|---|
Item | Column 1 State or Territory | Column 2 Law | Column 3 Provisions |
1 | New South Wales | Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW) | All |
2 | Victoria | Crimes (Assumed Identities) Act 2004 (Vic.) | All |
3 | Queensland | Crime and Corruption Act 2001 (Qld) | Part 6B of Chapter 3 |
4 | Queensland | Police Powers and Responsibilities Act 2000 (Qld) | (a) Chapter 12; and (b) Divisions 1 and 4 of Part 5 of Chapter 24 |
5 | Western Australia | Criminal Investigation (Covert Powers) Act 2012 (WA) | Part 3 |
6 | South Australia | Criminal Investigation (Covert Operations) Act 2009 (SA) | Part 3 |
7 | Tasmania | Police Powers (Assumed Identities) Act 2006 (Tas.) | All |
8 | Australian Capital Territory | Crimes (Assumed Identities) Act 2009 (ACT) | All |
9 | Northern Territory | Police (Special Investigative and Other Powers) Act 2015 (NT) | Part 3 |
For the purposes of paragraph 15KS(2)(c) of the Act, the following requirements are prescribed:
the authorised person must notify the chief officer who granted the authority in writing, and as soon as practicable, of:
anything done by the authorised person, in the course of acquiring or using an assumed identity, that is likely to result in legal proceedings against the authorised person or the Commonwealth; and
any proceedings arising in relation to liability that the authorised person may have incurred because of anything done by the authorised person in the course of acquiring or using an assumed identity;
in any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, the authorised person must:
authorise the Commonwealth to control the conduct of the defence; and
if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person’s legal representative; and
give, and authorise the authorised person’s legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and
if an award of costs is made in the authorised person’s favour—take all steps directed by the Commonwealth to recover the award; and
if the authorised person recovers any costs—pay the recovered costs to the Commonwealth;
the authorised person must not make any written or oral agreement to settle any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, in full or in part, unless the terms of the agreement have been approved by the chief officer.
For the purposes of the definition of corresponding witness identity protection law in subsection 15M(1) of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.
Corresponding witness identity protection laws | |||
|---|---|---|---|
Item | Column 1 State or Territory | Column 2 Law | Column 3 Provisions |
1 | Victoria | Evidence (Miscellaneous Provisions) Act 1958 (Vic.) | (a) Part IIAA; and (b) sections 161 and 162 |
2 | Queensland | Evidence Act 1977 (Qld) | Division 5 of Part 2 |
3 | Western Australia | Criminal Investigation (Covert Powers) Act 2012 (WA) | Part 4 |
4 | South Australia | Criminal Investigation (Covert Operations) Act 2009 (SA) | Part 4 |
5 | Tasmania | Witness (Identity Protection) Act 2006 (Tas.) | All |
6 | Australian Capital Territory | Crimes (Protection of Witness Identity) Act 2011 (ACT) | Part 2 |
7 | Northern Territory | Police (Special Investigative and Other Powers) Act 2015 (NT) | Part 4 |