Crimes Regulations 2019
This instrument is the Crimes Regulations 2019. SECTION 2 COMMENCEMENT (1)
Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | The day after this instrument is registered. | 27 July 2019 |
Note:
This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
[ CCH Note: S 2 to be repealed, in line with an editorial change made by the Federal Register of Legislation under s 48D of the Legislation Act 2003. Section 48D provides for the automatic repeal of commencement provisions of instruments containing other matter.]
(2)
Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
SECTION 3 AUTHORITY (1)
Subject to subsection (2), this instrument is made under the Crimes Act 1914.
(2)
Division 2 of Part 11 is made under the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
SECTION 4 4 DEFINITIONS
Note:
A number of expressions used in this instrument are defined in the Act, including the following:
Act
means the Crimes Act 1914.
aviation security offence
means an offence against:
(a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or
(b) Part 5.3 of the Criminal Code (terrorism).
drug offence
means an offence constituted by the production, possession, supply, import or export of a substance that is:
(a) a narcotic substance within the meaning of the Customs Act 1901; or
(b) a drug within the meaning of:
(i) subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or
(ii) 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:
(a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or
(b) Part 5.1 or 5.3 of the Criminal Code (treason and terrorism); or
(c) 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:
(a) Part 4 of the Australian Passports Act 2005 (offences relating to Australian travel documents); or
(b) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or
(c) 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
(d) section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (smuggling and offences relating to import or export of certain goods); or
(e) Division 10 of Part IV of the repealed Navigation Act 1912 (dangerous goods); or
(f) Subdivision B of Division 4 of Part 4 of Chapter 3 of the Navigation Act 2012 (dangerous goods); or
(g) 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). PART 1A - GENERAL
View history note
Hide history noteFor 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.
Note:
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 | Column 2 |
| Provision of the Act | 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 | Column 2 |
| Provision of the Act | 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 | Column 2 | Column 3 |
| State or Territory | Law | 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:
(a) the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:
(i) 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
(ii) 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;
(b) 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:
(i) authorise the Commonwealth to control the conduct of the defence; and
(ii) if the Commonwealth requires - accept the Australian Government Solicitor or another nominated legal practitioner as the participant's legal representative; and
(iii) 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
(iv) if an award of costs is made in the participant's favour - take all steps directed by the Commonwealth to recover the award; and
(v) if the participant recovers any costs - pay the recovered costs to the Commonwealth;
(c) 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. PART 4 - ASSUMED IDENTITIES SECTION 9 9 CORRESPONDING ASSUMED IDENTITY LAWS
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 | Column 2 | Column 3 |
| State or Territory | Law | 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:
(a) the authorised person must notify the chief officer who granted the authority in writing, and as soonas practicable, of:
(i) 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
(ii) 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;
(b) 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:
(i) authorise the Commonwealth to control the conduct of the defence; and
(ii) if the Commonwealth requires - accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person's legal representative; and
(iii) 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
(iv) 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
(v) if the authorised person recovers any costs - pay the recovered costs to the Commonwealth;
(c) 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. PART 5 - WITNESS IDENTITY PROTECTION FOR OPERATIVES SECTION 11 11 CORRESPONDING WITNESS IDENTITY PROTECTION LAWS
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 | Column 2 | Column 3 |
| State or Territory | Law | 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 |
For the purposes of paragraph 15MB(2)(d) of the Act, each of the following is part of a civil proceeding :
(a) a proceeding in relation to an application for a restraining order under Part 2-1 of the Proceeds of Crime Act 2002;
(b) an examination conducted under Part 3-1 of that Act. PART 6 - PROTECTING VULNERABLE PERSONS SECTION 13 13 VIDEO RECORDINGS - PERSONS WHO MAY CONDUCT INTERVIEW
For the purposes of paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified. PART 7 - SENTENCING, IMPRISONMENT AND RELEASE OF FEDERAL OFFENDERS SECTION 14 STATE AND TERRITORY PRE-RELEASE PERMIT SCHEMES THAT APPLY TO FEDERAL OFFENDERS (1)
For the purposes of subsection 19AZD(3) of the Act, a pre-release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.
| State and Territory pre-release permit schemes that apply to federal offenders | ||
| Item | Column 1 | Column 2 |
| Pre-release permit scheme | Law | |
| 1 | Scheme for releasing a prisoner under a re-entry release order | Part 4 of the Sentence Administration Act 2003 (WA), as in force at the commencement of this instrument |
| 2 | Scheme for releasing a prisoner to serve a period of home detention | Division 6A of Part 4 of the Correctional Services Act 1982 (SA), as in force at the commencement of this instrument |
| 3 | Scheme for releasing a prisoner on administrative home detention | Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act 2014 (NT), as in force at the commencement of this instrument |
(2)
A federal offender who is not an Australian citizen is not eligible to participate in a pre-release permit scheme mentioned in subsection (1) if participation would result in the offender:
(a) becoming an unlawful non-citizen (within the meaning of the Migration Act 1958); and
(b) being liable to detention and removal from Australia under that Act.
(3)
A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre-release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.
SECTION 15 15 ADDITIONAL SENTENCING ALTERNATIVES - STATE AND TERRITORY SENTENCES AND ORDERS
For the purposes of subsection 20AB(1AA) of the Act, a sentence or order mentioned in column 1 of an item in the following table under a law mentioned in column 2 of the item is prescribed.
| State and Territory sentences and orders | ||
| Item | Column 1 | Column 2 |
| Sentence or order | Law | |
| 1 | Home detention order | Subdivision 1 of Division 7 of Part 3 of the Sentencing Act 2017 (SA), as in force at the commencement of this instrument |
| 2 | Home detention order | Part 5A of the Sentencing Act 1997 (Tas.), as in force at the commencement of this instrument |
| 3 | Home detention order | Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 (NT), as in force at the commencement of this instrument |
For the purposes of paragraph 22(1)(b) of the Act, an indictable offence against the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005 is prescribed. PART 8 - FORENSIC PROCEDURES SECTION 17 17 PERSONS APPROPRIATELY QUALIFIED TO CARRY OUT FORENSIC PROCEDURES
For the purposes of paragraph (b) of the definition of appropriately qualified in subsection 23WA(1) of the Act, a person mentioned in column 2 of an item in the following table is qualified to carry out a forensic procedure mentioned in column 1 of the item.
| Persons appropriately qualified to carry out forensic procedures | |||
| Item | Column 1 | Column 2 | |
| Forensic procedure | Person | ||
| 1 | External examination of the genital or anal area, the buttocks or, in the case of a female, the breasts | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 2 | Taking of a sample of blood (other than by a finger prick) | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 3 | Taking of a sample of pubic hair | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 4 | Taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 5 | Taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 6 | Taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts | (a) Medical practitioner; or | |
| (b) forensic scientist; or | |||
| (c) forensic technician | |||
| 7 | External examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing | (a) Forensic scientist; or | |
| (b) forensic technician; or | |||
| (c) constable | |||
| 8 | Taking of a sample of blood by a finger prick | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 9 | Taking of a sample of saliva, or a sample by buccal swab | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 10 | Taking of a sample of hair other than pubic hair | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 11 | Taking of a sample from a nail or from under a nail | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 12 | Taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 13 | Taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | (a) Forensic scientist; or | |
| (b) forensic technician | |||
| 14 | Taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | (a) For a photograph or video recording: | |
| (i) medical practitioner; or | |||
| (ii) forensic scientist; or | |||
| (iii) forensic technician; or | |||
| (iv) constable; or | |||
| (b) for an impression or cast of a wound: | |||
| (i) medical practitioner; or | |||
| (ii) forensic scientist; or | |||
| (iii) forensic technician |
For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:
(a) the person is employed or otherwise engaged by a forensic laboratory accredited by the National Association of Testing Authorities, Australia; and
(b) in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory. SECTION 19 19 CORRESPONDING LAWS - FORENSIC PROCEDURES AND DNA DATABASES
For the purposes of the definition of corresponding law in section 23YUA of the Act, the following laws, as in force from time to time, are prescribed:
(a) the Crimes (Forensic Procedures) Act 2000 (NSW);
(b) Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 (Vic.);
(c) Chapter 17 of the Police Powers and Responsibilities Act 2000 (Qld);
(d) Part 2 of, and Schedules 1 and 6 to, the Police Powers and Responsibilities Regulation 2012 (Qld);
(e) the Criminal Investigation (Identifying People) Act 2002 (WA);
(f) the Criminal Law (Forensic Procedures) Act 2007 (SA);
(g) the Forensic Procedures Act 2000 (Tas.);
(h) the Crimes (Forensic Procedures) Act 2000 (ACT);
(i) Division 7 of Part VII of the Police Administration Act 1978 (NT). PART 9 - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS SECTION 20 20 EXCLUSIONS FROM DIVISIONS 2 AND 3 OF PART VIIC OF THE ACT - EXCLUSIONS RELATING TO WORK WITH CHILDREN
For the purposes of sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws relate to persons working, or seeking to work, with children (within the meaning of section 85ZZGF of the Act).
| Prescribed persons, bodies and laws | ||
| Item | Column 1 | Column 2 |
| Person or body | Law | |
| 1 | Children's Guardian appointed under the Children and Young Persons (Care and Protection) Act 1998 (NSW) | Child Protection (Working with Children) Act 2012 (NSW) |
| 2 | Secretary, within the meaning of the Worker Screening Act 2020 (Vic.) | Worker Screening Act 2020 (Vic.) |
| 3 | Chief executive mentioned in section 8 of the Working with Children (Risk Management and Screening) Act 2000 (Qld) | Working with Children (Risk Management and Screening) Act 2000 (Qld) |
| 4 | Queensland College of Teachers | Education (Queensland College of Teachers) Act 2005 (Qld) |
| 5 | CEO mentioned in section 12 of the Working with Children (Criminal Record Checking) Act 2004 (WA) | Working with Children (Criminal Record Checking) Act 2004 (WA) |
| 6 | Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA) | Child Safety (Prohibited Persons) Act 2016 (SA) |
| 7 | Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.) | Registration to Work with Vulnerable People Act 2013 (Tas.) |
| 8 | Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT) | Working with Vulnerable People (Background Checking) Act 2011 (ACT) |
| 9 | Independent advisor appointed under the Working with Vulnerable People (Background Checking) Act 2011 (ACT) | Working with Vulnerable People (Background Checking) Act 2011 (ACT) |
| 10 | Screening Authority mentioned in section 196 of the Care and Protection of Children Act 2007 (NT) | Care and Protection of Children Act 2007 (NT) |
For the purposes of sections 85ZZGI, 85ZZGJ and 85ZZGK of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed to the extent that those laws: (a) are NDIS worker screening laws (within the meaning of the National Disability Insurance Scheme Act 2013); and (b) relate to persons working, or seeking to work, with people with disability (within the meaning of section 85ZZGM of the Crimes Act 1914).
| Prescribed persons, bodies and laws | ||
| Item | Column 1 | Column 2 |
| Person or body | Law | |
| 1 | Screening Agency appointed under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW) | National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW) |
| 1A | Secretary, within the meaning of the Worker Screening Act 2020 (Vic.) | Worker Screening Act 2020 (Vic.) |
| 1B | Chief executive, within the meaning of the Disability Services Act 2006 (Qld) | Disability Services Act 2006 (Qld) |
| 1C | CEO, within the meaning of the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA) | National Disability Insurance Scheme (Worker Screening) Act 2020 (WA) |
| 2 | Central assessment unit established under the Child Safety (Prohibited Persons) Act 2016 (SA) | Disability Inclusion Act 2018 (SA) |
| 3 | Registrar appointed under the Registration to Work with Vulnerable People Act 2013 (Tas.) | Registration to Work with Vulnerable People Act 2013 (Tas.) |
| 4 | Commissioner mentioned in section 17 of the Working with Vulnerable People (Background Checking) Act 2011 (ACT) | Working with Vulnerable People (Background Checking) Act 2011 (ACT) |
| 5 | Screening Agency declared under the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT) | National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT) |
Schedule 2 of this instrument prescribes persons, purposes and offences for the purposes of paragraph 85ZZH(k) of the Act. PART 10 - MISCELLANEOUS SECTION 22 22 ACC DELEGATES
For the purposes of subparagraphs 15HG(5)(c)(ii) and 15MX(3)(c)(ii) of the Act, the following positions are prescribed:
(a) a position occupied by a person mentioned in subsection 47(1) of the Australian Crime Commission Act 2002 who is an SES employee;
(b) any position in the ACC that is equivalent to or higher than a position mentioned in paragraph (a) of this section. PART 11 - APPLICATION, SAVING AND TRANSITIONAL PROVISIONS Division 1 - Transitional matters relating to the Crimes Regulations 1990 SECTION 23 THINGS DONE UNDER THE CRIMES REGULATIONS 1990 (1)
If:
(a) a thing was done for a particular purpose under the Crimes Regulations 1990 as in force immediately before those Regulations were repealed; and
(b) the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.
(2)
Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.
SECTION 24 CONDUCT, EVENT, CIRCUMSTANCES OCCURRING BEFORE COMMENCEMENT (1)
To avoid doubt, a function or duty may be performed, or a power exercised:
(a) under this instrument; or
(b) under the Act in connection with something prescribed by this instrument;
in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this instrument commences.
(2)
This section does not limit section 23 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).
SECTION 25 25 FORMS PRESCRIBED UNDER THE CRIMES REGULATIONS 1990
Without limiting section 5, for the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 3 to the Crimes Regulations 1990 (as in force immediately before the commencement of this instrument) mentioned in column 2 of the item is prescribed.
| Forms prescribed under the Crimes Regulations 1990 | ||
| Item | Column 1 | Column 2 |
| Provision of the Act | Form in Schedule 3 | |
| 1 | Section 16BA | Form 1 |
| 2 | Subsection 19AU(2) | Form 3 |
| 3 | Subsection 19AV(2) | Form 4 |
| 4 | Subsection 19AW(1) | Form 5 |
Section 8 applies in relation to any conduct engaged in after the commencement of this instrument in the course of, and for the purposes of, a controlled operation, whether the controlled operation is authorised before or after that commencement.
(2)
Section 10 applies in relation to anything done after the commencement of this instrument in the course of acquiring or using an assumed identity, whether the authority to acquire or use the identity is granted before or after that commencement.
(3)
Despite the repeal of the Crimes Regulations 1990 by the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019, regulations 4B and 4C of the Crimes Regulations 1990 continue to apply, as if the repeal had not happened, in relation to:
(a) any conduct engaged in before the commencement of this instrument in the course of, and for the purposes of, a controlled operation; and
(b) anything done before that commencement in the course of acquiring or using an assumed identity.
SECTION 27 27 SENTENCES OR ORDERS UNDER SECTION 20AB OF THE ACT
Nothing in this instrument or the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 affects a sentence passed, or order made, before the commencement of this instrument, under section 20AB of the Act. Division 2 - Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 SECTION 28 TRANSITIONAL MATTERS RELATING TO THE CRIMES LEGISLATION AMENDMENT (SERIOUS AND ORGANISED CRIME) ACT 2010
Annual reports
(1)
A report required to be laid before each House of the Parliament under section 15HN of the Act may be combined with a report required to be laid before each House of the Parliament under section 15T of the Act, as continued in force by Schedule 3 to the amendment Act.
Pre-commencement controlled operations
(2)
The Crimes Regulations 1990, as in force immediately before 19 February 2010, continue to apply to a pre-commencement controlled operation.
Note:
A pre-commencement controlled operation is a controlled operation authorised under Part IAB of the Act before 19 February 2010, whether or not the pre-commencement controlled operation had been completed as at that time: see subitem 17(2) of Schedule 3 to the amendment Act.
(3)
For the purposes of the definition of State controlled operations law in item 16 of Schedule 3 to the amendment 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 when the authority mentioned in that Schedule was granted under that law, are prescribed.
| State controlled operations laws | |||
| Item | Column 1 | Column 2 | Column 3 |
| State or Territory | Law | Provisions | |
| 1 | New South Wales | Law Enforcement (Controlled Operations) Act 1997 (NSW) | All |
| 2 | Victoria | Crimes Act 1958 (Vic.) | Subsections 68(2), 194(5) and 195A(5) |
| 3 | Victoria | Crimes (Controlled Operations) Act 2004 (Vic.) | All |
| 4 | Victoria | Drugs, Poisons and Controlled Substances Act 1981 (Vic.) | Section 51 |
| 5 | Victoria | Fisheries Act 1995 (Vic.) | Section 110A and Part 7A |
| 6 | Victoria | Gambling Regulation Act 2003 (Vic.) | Section 2.6.8 |
| 7 | Victoria | Lotteries Gaming and Betting Act 1966 (Vic.) | Section 80 |
| 8 | Victoria | Prostitution Control Act 1994 (Vic.) | Subsection 14(2) |
| 9 | Victoria | Summary Offences Act 1966 (Vic.) | Section 58 |
| 10 | Victoria | Vagrancy Act 1966 (Vic.) | Section 17 |
| 11 | Victoria | Wildlife Act 1975 (Vic.) | Section 63 and Part IX |
| 12 | Queensland | Crime and Corruption Act 2001 (Qld) (formerly the Crime and Misconduct Act 2001 (Qld)) | Part 6A of Chapter 3 |
| 13 | Queensland | Police Powers and Responsibilities Act 2000 (Qld) | Chapter 11 and Divisions 1 and 3 of Part 5 of Chapter 24 |
| 14 | Western Australia | Corruption, Crime and Misconduct Act 2003 (WA) (formerly the Corruption and Crime Commission Act 2003 (WA)) | Division 5 of Part 4, Division 4 of Part 6 and section 185 |
| 15 | Western Australia | Misuse of Drugs Act 1981 (WA) | Section 31 |
| 16 | Western Australia | Prostitution Act 2000 (WA) | Section 35 |
| 17 | South Australia | Criminal Investigation (Covert Operations) Act 2009 (SA) | Parts 1 and 2, and clause 3 of Schedule 1 |
| 18 | South Australia | Criminal Law (Undercover Operations) Act 1995 (SA) | All |
| 19 | Tasmania | Police Powers (Controlled Operations) Act 2006 (Tas.) | All |
| 20 | Australian Capital Territory | Crimes (Controlled Operations) Act 2008 (ACT) | All |
| 21 | Northern Territory | Misuse of Drugs Act 1990 (NT) | Section 32 |
Definitions
(4)
In this section:
amendment Act
means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Schedule 1 - Forms
Note:
See sections 5 and 6.
Form 1 - Document relating to other offences to be taken into account
| Commonwealth of Australia | |
| Crimes Act 1914 | |
| FORM FOR THE PURPOSES OF SECTION 16BA | |
| [ast_1]
omit if inapplicable Branch Office of the Director of Public Prosecutions |
|
| [ast_1]
omit if inapplicable Regional Office of the Attorney-General's Department |
Information for Defendant
TO: [2]
insert name of defendant
1. You are charged with the following federal [ast_1]
omit if inapplicable omit if inapplicable
insert details of offences
;insert details of offences
;insert name of court
.2. The list at the end of this document gives particulars of [5]
insert number of offences listed omit if inapplicable omit if inapplicable
3. If you are convicted of [ast_1]
omit if inapplicable omit if inapplicable
omit if inapplicable
offence/[ast_1]omit if inapplicable
offences of which you have been convicted.4. If you are convicted and the court does take any of the offences that you have admitted into account, the maximum sentence that may be passed upon you for [ast_1]
omit if inapplicable omit if inapplicable
5. If the court takes an offence that you have admitted into account, the court may make such orders about reparation, restitution, compensation, costs and forfeiture as it could have made if you had been convicted before the court of the offence, but will not impose any other punishment for the offence. Rights of appeal are available in relation to an order as if it had been made on the conviction for the offence.
6. No proceedings may be taken or continued against you for an offence taken into account by the court in respect of a conviction unless the conviction in respect of which the offence has been taken into account has been quashed or set aside.
7. If:
[6]
signature of the Director of Public Prosecutions, person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or person appointed under section 69 of the Judiciary Act 1903
[ast_1]
omit if inapplicable insert full name of person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or of person appointed under section 69 of the Judiciary Act 1903
[ast_1]
omit if inapplicable omit if inapplicable omit if inapplicable
Acknowledgement
I, [2]
insert name of defendant
Certificate
This is to certify that the court has taken into account the [ast_1]
omit if inapplicable omit if inapplicable insert name of defendant insert the number of each offence taken into account omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable insert name of defendant
Dated [8]
insert date
[11]
signature of judge or magistrate
[ast_1]
omit if inapplicable insert name of court omit if inapplicable
Crimes Act 1914, section 16BA
Offences which you are believed to have committed
| Item number | Place where offence was committed | Date of offence | Brief description of offence |
Form 2 - Warrant authorising the detention of a person where parole or licence automatically revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SECTION 19AS AUTHORISING THE DETENTION OF A PERSON
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
AND to the officer in charge of [2]
insert name of prison insert State or Territory
I, [3]
insert full name of judge or magistrate omit if inapplicable insert name of court omit if inapplicable
insert State or Territory
to take [5]insert full name of person
to [2]insert name of prison
in [1]insert State or Territory
and deliver that person to the officer in charge of that prison, together with this warrant; andinsert name of prison
in [1]insert State or Territory
to receive [5]insert full name of person
into custody and detain that person to undergo imprisonment for the [ast_1]omit if inapplicable
term/[ast_1]omit if inapplicable
terms of the [ast_1]omit if inapplicable
sentence/[ast_1]omit if inapplicable
sentences of imprisonment specified in the Schedule.This warrant is issued because [5]
insert full name of person
SCHEDULE
DETAILS OF [ast_1]
omit if inapplicable omit if inapplicable
[1]
insert State or Territory insert details of each outstanding sentence commencing with the longest outstanding sentence
[3]
insert full name of judge or magistrate
Dated [7]
insert date
[8]
signature of judge or magistrate
[ast_1]
omit if inapplicable insert name of court omit if inapplicable
Form 3 - Notice of proposed revocation of parole order or licence
Commonwealth of Australia
Crimes Act 1914
NOTICE OF REVOCATION UNDER SUBSECTION 19AU(2)
To [1]
insert full name of person omit if inapplicable omit if inapplicable
I, [2]
insert full name of Attorney-General
omit if inapplicable
(a) you have not complied with the following [ast_1]omit if inapplicable
condition/[ast_1]omit if inapplicable
conditions of your [ast_1]omit if inapplicable
parole order/[ast_1]omit if inapplicable
licence:list details of each condition which has allegedly been breached
;list details of each condition which has allegedly been breached
; andomit if inapplicable
(a) I have reasonable grounds to suspect that you have not complied with the following [ast_1]omit if inapplicable
condition/[ast_1]omit if inapplicable
conditions of your [ast_1]omit if inapplicable
parole order/[ast_1]omit if inapplicable
licence:list details of each condition which has allegedly been breached
;list details of each condition which has allegedly been breached
; andomit if inapplicable
parole order/[ast_1]omit if inapplicable
licence at the end of 14 days after the date of this notice unless:omit if inapplicable
parole order/[ast_1]omit if inapplicable
licence should not be revoked; andThis notice has been issued because
[ast_1]
omit if inapplicable insert full name of person omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable
[ast_1]
omit if inapplicable insert full name of person omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable
Dated [4]
insert date
[5]
signature of Attorney-General
Attorney-General
Form 4 - Warrant for arrest where parole order or licence has been revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER SUBSECTION 19AV(2)
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
I, [2]
insert full name of prescribed authority insert designation of prescribed authority insert full name of person omit if inapplicable omit if inapplicable
This warrant is issued because:
omit if inapplicable
Attorney-General/[ast_1]omit if inapplicable
Director of Public Prosecutions has applied under subsection 19AV(2) of the Crimes Act 1914 for the issue of this warrant; andomit if inapplicable
parole order/[ast_1]omit if inapplicable
licence relating to [4]insert full name of person
has been revoked under section 19AU of that Act.Dated [5]
insert date
[6]
signature of prescribed authority
[3]
insert designation of prescribed authority
Form 5 - Warrant authorising detention where parole order or licence has been revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 19AW(1) AUTHORISING THE DETENTION OF A PERSON
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
AND to the officer in charge of [2]
insert name of prison insert State or Territory
I, [3]
insert full name of prescribed authority insert designation of prescribed authority
insert State or Territory
to take [5]insert full name of person
to [2]insert name of prison
in [1]insert State or Territory
and deliver that person to the officer in charge of that prison, together with this warrant; andinsert name of prison
in [1]insert State or Territory
to detain [5]insert full name of person
to undergo imprisonment for the [ast_1]omit if inapplicable
term/[ast_1]omit if inapplicable
terms of the [ast_1]omit if inapplicable
sentence/[ast_1]omit if inapplicable
sentences of imprisonment specified in the Schedule[ast_1]omit if inapplicable
./[ast_1]omit if inapplicable
; andomit if inapplicable
(c) under paragraph 19AW(1)(f) of that Act fix the non-parole period in respect of the [ast_1]omit if inapplicable
sentence/[ast_1]omit if inapplicable
sentences at [6]insert length of non-parole period
.This warrant is issued because:
omit if inapplicable
parole order/[ast_1]omit if inapplicable
licence relating to [5]insert full name of person
; andomit if inapplicable
(b) I am satisfied that:insert full name of person
is the person named in that revocation order; andinsert full name of person
was notified by the Attorney-General of the proposal to make the revocation order; andSCHEDULE
DETAILS OF [ast_1]
omit if inapplicable omit if inapplicable
[7]
insert particulars of the unserved part of each outstanding sentence
Dated [8]
insert date
[9]
signature of prescribed authority
[4]
insert designation of prescribed authority
Form 6 - Warrant authorising the remand of a person where parole order or licence has been revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 19AW(2) AUTHORISING THE REMAND OF A PERSON
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
AND to the officer in charge of [2]
insert name of prison insert State or Territory
I, [3]
insert full name of prescribed authority insert designation of prescribed authority insert State or Territory insert full name of person insert name of prison insert State or Territory insert name of prison insert State or Territory insert full name of person insert time and date insert address of court
This warrant is issued because:
insert full name of person
in custody.Dated [8]
insert date
[9]
signature of prescribed authority
[4]
insert designation of prescribed authority
Form 7 - Order for the detention of a person where parole order or licence has been revoked
Commonwealth of Australia
Crimes Act 1914
ORDER UNDER PARAGRAPH 19AX(1)(b) FOR THE DETENTION OF A PERSON
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
AND to the officer in charge of [2]
insert name of prison insert State or Territory
I, [3]
insert full name of prescribed authority insert designation of prescribed authority
insert State or Territory
to take [5]insert full name of person
to [2]insert name of prison
in [1]insert State or Territory
and deliver that person to the officer in charge of that prison, together with this warrant; andinsert name of prison
in [1]insert State or Territory
to receive [5]insert full name of person
into custody and detain that person until:This warrant is issued because:
omit if inapplicable
parole order/[ast_1]omit if inapplicable
licence relating to [5]insert full name of person
; andinsert full name of person
is the person named in that revocation order; andinsert full name of person
was notified by the Attorney-General of the proposal to make the revocation order.Dated [6]
insert date
[7]
signature of prescribed authority
[4]
insert designation of prescribed authority
Form 8 - Notification of breach of conditions where parole order or licence has been revoked
Commonwealth of Australia
Crimes Act 1914
NOTIFICATION OF BREACH UNDER SUBSECTION 19AX(2)
TO: [1]
insert full name of person
I, [2]
insert full name of Attorney-General
omit if inapplicable
(a) notify you that you have not complied with the following [ast_1]omit if inapplicable
condition/[ast_1]omit if inapplicable
conditions of your [ast_1]omit if inapplicable
parole order/[ast_1]omit if inapplicable
licence:list details of each condition which has allegedly been breached
;list details of each condition which has allegedly been breached
; andomit if inapplicable
(a) notify you that I have reasonable grounds to suspect that you have not complied with the following [ast_1]omit if inapplicable
condition/[ast_1]omit if inapplicable
conditions of your [ast_1]omit if inapplicable
parole order/[ast_1]omit if inapplicable
licence:list details of each condition which has allegedly been breached
;list details of each condition which has allegedly been breached
; andomit if inapplicable
parole order/[ast_1]omit if inapplicable
licence should not have been revoked.I do not propose to rescind the revocation of the [ast_1]
omit if inapplicable omit if inapplicable
This notice has been issued because:
insert full name and designation of prescribed authority
, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, that [1]insert full name of person
has been brought before that authority; andinsert full name and designation of prescribed authority
is not satisfied that [1]insert full name of person
was notified by me under subsection 19AU(2) of that Act that I proposed to make the revocation order.Dated [5]
insert date
[6]
signature of Attorney-General
Attorney-General
Form 9 - Summons to appear
Commonwealth of Australia
Crimes Act 1914
SUMMONS UNDER SUBSECTION 19AZ(2)
TO: [1]
insert name and address of witness
You are summoned under subsection 19AZ(2) of the Crimes Act 1914 to appear before the [2]
insert name of court insert address of court insert time and date omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable
[5]
insert details of documents or articles
[1]
insert name and address of witness
[5]
insert details of documents or articles
Dated [6]
insert date
[7]
signature of prescribed authority
[8]
designation of prescribed authority
Note
If you are served with a summons under subsection 19AZ(2) of the Crimes Act 1914 and then fail to attend as required by the summons without a reasonable excuse, you may have committed an offence and may be liable, on conviction, to a fine not exceeding 10 penalty units.
Form 10 - Order and recognisance where discharge without conviction
Commonwealth of Australia
Crimes Act 1914
ORDER AND RECOGNISANCE UNDER SECTION 19B
IN THE [1]
insert name of court
AT [2]
insert location of court
IN THE [ast_1]
omit if inapplicable insert State or Territory
BETWEEN:
[4]
insert name of informant or appellant omit if inapplicable omit if inapplicable
-and-
[5]
insert name of defendant or respondent omit if inapplicable omit if inapplicable
ORDER
THE COURT DISCHARGES the [ast_1]
omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable insert amount of surety or sureties insert amount of recognisance
omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to be of good behaviour for [8]insert period
[ast_1]omit if inapplicable
months/[ast_1]omit if inapplicable
years;omit if inapplicable
(b) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to [ast_1]omit if inapplicable
make reparation/[ast_1]omit if inapplicable
make restitution/[ast_1]omit if inapplicable
pay compensation of $ [9]insert amount
to [10]insert to whom amount is to be paid
[ast_1]omit if inapplicable
by [11]insert date by which amount must be paid
/ [ast_1]omit if inapplicable
by instalments of $ [12]insert details of instalments
;omit if inapplicable
(c) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to pay costs of this prosecution for the [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences specified below of $ [9]insert amount
to [10]insert to whom amount is to be paid
[ast_1]omit if inapplicable
by [11]insert date by which amount must be paid
/ [ast_1]omit if inapplicable
by instalments of $ [12]insert details of instalments
;omit if inapplicable
(d) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to comply with the following further conditions:insert details of further conditions, including period
;insert details of further conditions, including period
.This Order has been issued because:
omit if inapplicable
(a) the appellant, [14]insert name of defendant or appellant
of [15]insert address of defendant or appellant
, appealed to this court against the [ast_1]omit if inapplicable
sentence/[ast_1]omit if inapplicable
conviction and sentence imposed by the [2]insert location of court
Magistrates' Court on [16]insert address of defendant or appellant
in respect of the following federal [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences:insert details of offences
;insert details of offences
; andomit if inapplicable
(a) the defendant, [14]insert name of defendant or appellant
of [15]insert address of defendant or appellant
, was charged with the following federal [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences:insert details of offences
;insert details of offences
; andomit if inapplicable
charge is/[ast_1]omit if inapplicable
charges are proved, but is of the opinion, having regard to:omit if inapplicable
offence is/[ast_1]omit if inapplicable
offences are of a trivial nature; oromit if inapplicable
offence was/[ast_1]omit if inapplicable
offences were committed under extenuating circumstances;omit if inapplicable
it is inexpedient to inflict [ast_1]omit if inapplicable
any punishment/[ast_1]omit if inapplicable
any punishment other than a nominal punishment./[ast_1]omit if inapplicable
it is expedient to release the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant on probation.Dated [16]
insert address of defendant or appellant
[18]
signature of judge, magistrate, registrar, clerk or justice of the peace
[ast_1]
omit if inapplicable insert name of court omit if inapplicable omit if inapplicable insert name of court omit if inapplicable insert name of court omit if inapplicable
RECOGNISANCE
I, [14]
insert name of defendant or appellant omit if inapplicable omit if inapplicable
Dated [16]
insert address of defendant or appellant
[19]
insert signature of defendant or appellant
Before me:
[20]
signature of registrar, clerk or justice of the peace
[ast_1]
omit if inapplicable insert name of court omit if inapplicable insert name of court omit if inapplicable
UNDERTAKING BY [ast_1]
omit if inapplicable omit if inapplicable
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the [ast_1]
omit if inapplicable omit if inapplicable
I agree that I have been given a copy of this Order.
First Surety: [21]
signature of surety
Name: [22]
insert full name of surety
Address: [23]
insert address of surety
Second Surety: [21]
signature of surety
Name: [22]
insert full name of surety
Address: [23]
insert address of surety
Form 11 - Order and recognisance where release without passing sentence
Commonwealth of Australia
Crimes Act 1914
ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(a)
IN THE [1]
insert name of court
AT [2]
insert location of court
IN THE [ast_1]
omit if inapplicable insert State or Territory
BETWEEN:
[4]
insert name of informant or appellant omit if inapplicable omit if inapplicable
-and-
[5]
insert name of defendant or respondent omit if inapplicable omit if inapplicable
ORDER
THE COURT ORDERS the release of the [ast_1]
omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable insert amount of surety or sureties insert amount of recognisance
omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to be of good behaviour for [8]insert period
[ast_1]omit if inapplicable
months/[ast_1]omit if inapplicable
years;omit if inapplicable
(b) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to [ast_1]omit if inapplicable
make reparation/[ast_1]omit if inapplicable
make restitution/[ast_1]omit if inapplicable
pay compensation of $ [9]insert amount
to [10]insert to whom amount is to be paid
[ast_1]omit if inapplicable
by [11]insert date by which amount must be paid
/[ast_1]omit if inapplicable
by instalments of $ [12]insert details of instalments
;omit if inapplicable
(c) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to pay costs of this prosecution for the [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences specified below of $ [9]insert amount
to [10]insert to whom amount is to be paid
[ast_1]omit if inapplicable
by [11]insert date by which amount must be paid
/ [ast_1]omit if inapplicable
by instalments of $ [12]insert details of instalments
;omit if inapplicable
(d) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to pay to the Commonwealth a pecuniary penalty of $ [9]insert amount
to [13]insert to whom penalty is to be paid
[ast_1]omit if inapplicable
by [11]insert date by which amount must be paid
/[ast_1]omit if inapplicable
by instalments of $ [12]insert details of instalments
;omit if inapplicable
(e) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to comply with the following further conditions:insert details of further conditions, including period
;insert details of further conditions, including period
.This Order has been issued because:
omit if inapplicable
(a) the appellant, [15]insert name of defendant or appellant
of [16]insert address of defendant or appellant
, appealed to this court against the [ast_1]omit if inapplicable
sentence/[ast_1]omit if inapplicable
conviction and sentence imposed by the [2]insert location of court
Magistrates' Court on [17]insert date
in respect of the following federal [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences:insert details of offences
;insert details of offences
; andomit if inapplicable
(a) the defendant, [15]insert name of defendant or appellant
of [16]insert address of defendant or appellant
, was charged with the following federal [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences:insert details of offences
;insert details of offences
; andomit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant of the [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences; andomit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant without passing sentence on the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant if the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant complies with the conditions of this Order.Dated [17]
insert date
[19]
signature of judge, magistrate, registrar, clerk or justice of the peace
[ast_1]
omit if inapplicable insert name of court omit if inapplicable omit if inapplicable insert name of court
[ast_1]
omit if inapplicable insert name of court omit if inapplicable
RECOGNISANCE
I, [15]
insert name of defendant or appellant omit if inapplicable omit if inapplicable
Dated [17]
insert date
[20]
insert signature of defendant or appellant
Before me:
[21]
signature of registrar, clerk or justice of the peace
[ast_1]
omit if inapplicable insert name of court omit if inapplicable insert name of court omit if inapplicable
UNDERTAKING BY [ast_1]
omit if inapplicable omit if inapplicable
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the [ast_1]
omit if inapplicable omit if inapplicable
I agree that I have been given a copy of this Order.
First Surety: [22]
signature of surety
Name: [23]
insert full name of surety
Address: [24]
insert address of surety
Second Surety: [22] signature of surety
Name: [23]
insert full name of surety
Address: [24]
insert address of surety
Form 12 - Order and recognisance where sentenced
Commonwealth of Australia
Crimes Act 1914
ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(b)
IN THE [1]
insert name of court
AT [2]
insert location of court
IN THE [ast_1]
omit if inapplicable insert State or Territory
BETWEEN:
[4]
insert name of informant or appellant omit if inapplicable omit if inapplicable
-and-
[5]
insert name of defendant or respondent omit if inapplicable omit if inapplicable
ORDER
THE COURT ORDERS the release of the [ast_1]
omit if inapplicable omit if inapplicable omit if inapplicable insert number of months omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable insert amount of surety or sureties insert amount of recognisance
omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to be of good behaviour for [9]insert period
[ast_1]omit if inapplicable
months/[ast_1]omit if inapplicable
years;omit if inapplicable
(b) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to [ast_1]omit if inapplicable
make reparation/[ast_1]omit if inapplicable
make restitution/[ast_1]omit if inapplicable
pay compensation of $ [10]insert amount
to [11]insert to whom amount is to be paid
[ast_1]omit if inapplicable
by [12]insert date by which amount must be paid
/[ast_1]omit if inapplicable
by instalments of $ [13]insert details of instalments
;omit if inapplicable
(c) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to pay costs of this prosecution for the [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences specified below of $ [10]insert amount
to [11]insert to whom amount is to be paid
by [12]insert date by which amount must be paid
/ [ast_1]omit if inapplicable
by instalments of $ [13]insert details of instalments
;omit if inapplicable
(d) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to pay to the Commonwealth a pecuniary penalty of $ [10]insert amount
to [14]insert to whom penalty is to be paid
[ast_1]omit if inapplicable
by [12]insert date by which amount must be paid
/[ast_1]omit if inapplicable
by instalments of $ [13]insert details of instalments
;omit if inapplicable
(e) that the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant is to comply with the following further conditions:insert details of further conditions, including period
;insert details of further conditions, including period
.This Order has been issued because:
omit if inapplicable
(a) the appellant, [16]insert name of defendant or appellant
of [17]insert address of defendant or appellant
, appealed to this court against the [ast_1]omit if inapplicable
sentence/[ast_1]omit if inapplicable
conviction and sentence imposed by the [2]insert location of court
Magistrates' Court on [18]insert date
in respect of the following federal [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences:insert details of offences
;insert details of offences
; andomit if inapplicable
(a) the defendant, [16]insert name of defendant or appellant
of [17]insert address of defendant or appellant
, was charged with the following federal [ast_1]omit if inapplicable
offence/[ast_1]omit if inapplicable
offences:insert details of offences
;insert details of offences
; andomit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant to a term of imprisonment; andomit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant be released [ast_1]omit if inapplicable
after serving [6]insert number of months
[ast_1]omit if inapplicable
month/[ast_1]omit if inapplicable
months of the sentence/[ast_1]omit if inapplicable
forthwith if the [ast_1]omit if inapplicable
defendant/[ast_1]omit if inapplicable
appellant complies with the conditions of this Order.Dated [18]
insert date
[20]
signature of judge, magistrate, registrar, clerk or justice of the peace
[ast_1]
omit if inapplicable insert name of court omit if inapplicable omit if inapplicable insert name of court omit if inapplicable insert name of court omit if inapplicable
RECOGNISANCE
I, [16]
insert name of defendant or appellant omit if inapplicable omit if inapplicable
Dated [18]
insert date
[21]
signature of defendant or appellant
Before me:
[22]
signature of registrar, clerk or justice of the peace
[ast_1]
omit if inapplicable insert name of court omit if inapplicable insert name of court omit if inapplicable
UNDERTAKING BY [ast_1]
omit if inapplicable omit if inapplicable
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the [ast_1]
omit if inapplicable omit if inapplicable
I agree that I have been given a copy of this Order.
First Surety: [23]
signature of surety
Name: [24]
insert full name of surety
Address: [25]
insert address of surety
Second Surety: [23]
signature of surety
Name: [24]
insert full name of surety
Address: [25]
insert address of surety
Form 13 - Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER PARAGRAPH 20BF(3)(b)
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
I, [2]
insert full name of prescribed authority insert designation of prescribed authority insert full name of person omit if inapplicable omit if inapplicable
This warrant is issued because:
insert full name of person
be released from detention; andDated [5]
insert date
[6]
signature of prescribed authority
[3]
insert designation of prescribed authority
Form 14 - Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 20BF(5) AUTHORISING THE DETENTION OF A PERSON
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
AND to the officer in charge of [2]
insert name of prison or hospital insert State or Territory
I, [3]
insert full name of prescribed authority insert designation of prescribed authority
insert State or Territory
to take [5]insert full name of person
to [2]insert name of prison or hospital
in [1]insert State or Territory
and deliver that person to the officer in charge of that [ast_1]omit if inapplicable
prison/[ast_1]omit if inapplicable
hospital, together with this warrant; andinsert name of prison or hospital
in [1]insert State or Territory
to detain [5]insert full name of person
for the period of [6]insert period
.This warrant is issued because:
insert full name of person
; andinsert full name of person
is the person named in the instrument revoking the release order; andDated [7]
insert date
[8]
signature of prescribed authority
[4]
insert designation of prescribed authority
Form 15 - Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 20BF(6) AUTHORISING THE REMAND OF A PERSON
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
AND to the officer in charge of [2]
insert name of prison or hospital insert State or Territory
I, [3]
insert full name of prescribed authority insert designation of prescribed authority
insert State or Territory
to take [5]insert full name of person
to [2]insert name of prison or hospital
in [1]insert State or Territory
and deliver that person to the officer in charge of that [ast_1]omit if inapplicable
prison/[ast_1]omit if inapplicable
hospital, together with this warrant; andinsert name of prison or hospital
in [1]insert State or Territory
to receive [5]insert full name of person
into custody and keep that person until [6]insert time and date
when that officer is to have that person brought before this court at [7]insert address of court
.This warrant is issued on the basis that:
insert full name of person
has been brought before me under subsection 20BF(4) of the Crimes Act 1914; andDated [8]
insert date
[9]
signature of prescribed authority
[4]
insert designation of prescribed authority
Form 16 - Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER SUBSECTION 20BM(3)
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
I, [2]
insert full name of prescribed authority insert designation of prescribed authority insert full name of person omit if inapplicable omit if inapplicable
This warrant is issued because:
omit if inapplicable
20BL/[ast_1]omit if inapplicable
20BT of the Crimes Act 1914, ordered that [4]insert full name of person
be released from detention; andinsert full name of person
has been revoked.Dated [5]
insert date
[6]
signature of prescribed authority
[3]
insert designation of prescribed authority
Form 17 - Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 20BM(5) AUTHORISING THE DETENTION OF A PERSON
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
AND to the officer in charge of [2]
insert name of prison or hospital insert State or Territory
I, [3]
insert full name of prescribed authority insert designation of prescribed authority
insert State or Territory
to take [5]insert full name of person
to [2]insert name of prison or hospital
in [1]insert State or Territory
and deliver that person to the officer in charge of that [ast_1]omit if inapplicable
prison/[ast_1]omit if inapplicable
hospital, together with this warrant; andinsert name of prison or hospital
in [1]insert State or Territory
to receive [5]insert full name of person
into custody and detain that person for the period of [6]insert period
.This warrant is issued because:
insert full name of person
; andinsert full name of person
is the person named in the instrument revoking the release order; andDated [7]
insert date
[8]
signature of prescribed authority
[4]
insert designation of prescribed authority
Form 18 - Warrant under subsection 20BM(6) of the Act authorising the remand of a person where release order revoked
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 20BM(6) AUTHORISING THE REMAND OF A PERSON
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
AND to the officer in charge of [2]
insert name of prison or hospital insert State or Territory
I, [3]
insert full name of prescribed authority insert designation of prescribed authority
insert State or Territory
to take [5]insert full name of person
to [2]insert name of prison or hospital
in [1]insert State or Territory
and deliver that person to the officer in charge of that [ast_1]omit if inapplicable
prison/[ast_1]omit if inapplicable
hospital, together with this warrant; andinsert name of prison or hospital
in [1]insert State or Territory
to receive [5]insert full name of person
into custody and keep that person until [6]insert time and date
when that officer is to have that person brought before this court at [7]insert address of court
.This warrant is issued on the basis that:
insert full name of person
has been brought before me under subsection 20BM(4) of the Crimes Act 1914; andDated [8]
insert date
[9]
signature of prescribed authority
[4]
insert designation of prescribed authority
Form 19 - Summons in relation to breach of psychiatric probation order or program probation order
Commonwealth of Australia
Crimes Act 1914
SUMMONS UNDER PARAGRAPH 20BW(1)(a)
IN THE [1]
insert name of court
AT [2]
insert location of court
IN THE [ast_1]
omit if inapplicable insert State or Territory
[4]
insert name of informant
-and-
[5]
insert name of defendant
You are summoned under paragraph 20BW(1)(a) of the Crimes Act 1914 to appear before the [7]
insert name of court insert address of court insert time and date omit if inapplicable omit if inapplicable omit if inapplicable omit if inapplicable
list details of alleged breaches of conditions
;list details of alleged breaches of conditions
;Dated [11]
insert date
[13]
designation of magistrate
Form 20 - Warrant in relation to breach of psychiatric probation order or program probation order
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER PARAGRAPH 20BW(1)(b)
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
I, [2]
insert full name of magistrate insert designation of magistrate omit if inapplicable
insert full name of person
and bring that person, as soon as practicable, before this court; andinsert full name of person
in custody until dealt with according to law.This warrant is issued because:
omit if inapplicable
20BV/[ast_1]omit if inapplicable
20BY of the Crimes Act 1914 has been made in relation to [4]insert full name of person
; andomit if inapplicable
breach/[ast_1]omit if inapplicable
breaches of the conditions of the order without reasonable excuse:list details of alleged breaches of conditions
;list details of alleged breaches of conditions
; andinsert full name of person
by summons might not be effective.Dated [6]
insert date
[4]
insert full name of person
Form 21 - Warrant for arrest in relation to breach of psychiatric probation order or program probation order
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER SUBSECTION 20BW(2)
TO: [ast_1]
omit if inapplicable omit if inapplicable insert State or Territory
I, [2]
insert full name of magistrate insert designation of magistrate
insert full name of person
and bring that person, as soon as practicable, before this court; andinsert full name of person
in custody until dealt with according to law.This warrant is issued because [4]
insert full name of person
[ast_1]
omit if inapplicable
[ast_1]
omit if inapplicable
Dated [5]
insert date
[3]
insert designation of magistrate
Form 22 - Certificate in relation to reparation for offences
Commonwealth of Australia
Crimes Act 1914
CERTIFICATE UNDER SUBSECTION 21B(3)
IN THE [1]
insert name of court
AT [2]
insert location of court
IN THE [ast_1]
omit if inapplicable insert State or Territory
BETWEEN:
[4]
insert name of informant
-and-
[5]
insert name of defendant
I, [6]
insert full name of clerk or appropriate officer insert designation of officer insert date of order insert name of defendant insert amount insert to whom amount is to be paid insert date by which amount is to be paid
Dated [13]
insert date
[14]
signature of clerk or appropriate officer
[7]
insert designation of officer
Note
You have been convicted of a federal offence under the Crimes Act 1914 or, under section 19B of that Act, you have been discharged without conviction. The court has also ordered you to make reparation to the Commonwealth, a public authority under the Commonwealth or another person by payment of an amount of money or otherwise. This payment is in addition to any fine or other penalty imposed by the court. The above certificate when filed in a court of civil jurisdiction is enforceable as a final judgment of the court in which it is filed.
Schedule 2 - Spent convictionsNote:
See section 21.
CLAUSE 1 1 EXCLUSIONS FROM DIVISION 3 OF PART VIIC OF THE ACT (SPENT CONVICTIONS)For the purposes of paragraph 85ZZH(k) of the Act, Division 3 of Part VIIC of the Act does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body mentioned in column 1 of an item in the following table, for a purpose mentioned in column 2 of the item, in relation to a conviction for an offence mentioned in column 3 of the item.
| Exclusions from Division 3 of Part VIIC of the Act | ||||
| Item | Column 1 | Column 2 | Column 3 | |
| Person or body | Purpose | Offence | ||
| 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 | Any offence | |
| (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) | ||||
| 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 | Considering whether to prosecute and making submissions and decisions as to sentence | Any offence | |
| (b) a prosecutor required under that Act to present evidence of a defendant's prior convictions | ||||
| 4 | (a) Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015); or | (a) Assessing the suitability of a person to have responsibility for matters relating to law enforcement; or | Any offence | |
| (b) Secretary of the Department administered by the Minister administering Part XII of the Customs Act 1901 (officers) | (b) considering whether to prosecute and making submissions as to sentence | |||
| 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 | Assessing the suitability of a person to be licensed as director, or appointed as the chief executive, of a casino | Any offence | |
| (b) Government of New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory | ||||
| 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 | Drug offence | |
| (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 | ||||
| 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 undertakework 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 | Any offence | |
| (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 | ||||
| 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: | Offence against the 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 | ||||
| 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: | Any offence | |
| (a) hold a licence (within the meaning of the Narcotic Drugs Act 1967); or | ||||
| (b) be associated with the holder of such a licence |