Crimes (Assumed Identities) Regulations2016

S.R. No. 60/2016

table of provisions

Regulation Page

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 1

5 Definitions 2

6 Corresponding laws 2

7 Prescribed IBAC Officers 2

8 Law enforcement officers appointed as supervisors 3

9 Senior officers of the IBAC 4

Schedule 1—Corresponding laws 5

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Endnotes 6

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Schedule 1—Corresponding laws

Crimes (Assumed Identities) Regulations2016

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statutory rules 2016

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Schedule 1—Corresponding laws

Crimes (Assumed Identities) Regulations2016

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Crimes (Assumed Identities) Act 2004

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Schedule 1—Corresponding laws

Crimes (Assumed Identities) Regulations2016

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Crimes (Assumed Identities) Regulations2016

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Schedule 1—Corresponding laws

Crimes (Assumed Identities) Regulations2016

S.R. No. 60/2016

The Governor in Council makes the following Regulations:

Dated: 21 June 2016

Responsible Minister:

MARTIN PAKULA

Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1 Objective

The objective of these Regulations is to prescribe matters for the purposes of the Crimes (Assumed Identities) Act 2004.

2 Authorising provision

These Regulations are made under section 35 of the Crimes (Assumed Identities) Act 2004.

3 Commencement

These Regulations come into operation on 22June2016.

4 Revocation

The following Regulations are revoked—

(a) the Crimes (Assumed Identities) Regulations2006[1];

(b) the Crimes (Assumed Identities) Amendment (Corresponding Laws) Regulations 2013[2];

(c) the Crimes (Assumed Identities) Amendment Regulations 2013[3].

5 Definitions

In these Regulations—

Chief Executive Officer means the person appointed under section33 of the Independent Broad-based Anti-corruption Commission Act 2011;

Deputy Commissioner has the same meaning as it has in the Independent Broad-based Anticorruption Commission Act 2011;

IBAC Officer has the same meaning as it has in the Independent Broad-based Anticorruption Commission Act 2011;

police officer has the same meaning as it has in the Victoria Police Act 2013.

6 Corresponding laws

For the purposes of the definition of corresponding law in section 3 of the Crimes (Assumed Identities) Act 2004, a law specified in column 2 of Schedule 1 of a jurisdiction specified opposite that law in column 1 of Schedule 1 is declared to be a law of that jurisdiction that corresponds to that Act.

7 Prescribed IBAC Officers

For the purposes of the definition of prescribed IBAC Officer in section 3 of the Crimes (Assumed Identities) Act 2004, the following positions and classes of employees are prescribed—

(a) the position of Commissioner;

(b) the position of Deputy Commissioner;

(c) the position of Chief Executive Officer;

(d) IBAC Officers classified as Executive Officers;

(e) IBAC Officers classified as non-executive employees;

(f) police officers engaged by the IBAC;

(g) members of the police force or police service (however described) of another jurisdiction who are engaged by the IBAC.

8 Law enforcement officers appointed as supervisors

For the purposes of section 5(4)(c) of the Crimes (Assumed Identities) Act 2004, the following positions and classes of employees are prescribed—

(a) the position of Chief Executive Officer;

(b) IBAC Officers classified as Executive Officers;

(c) IBAC Officers classified as non-executive employees Grade 6 or as Senior Technical Specialists;

(d) police officers engaged by the IBAC who are officers of or above the rank of sergeant;

(e) members of the police force or police service (however described) of another jurisdiction who are engaged by the IBAC and who are officers of or above the rank of sergeant.

9 Senior officers of the IBAC

For the purposes of paragraph (c) of the definition of senior officer in section 34(5) of the Crimes (Assumed Identities) Act 2004, the following positions and classes of employees are prescribed—

(a) the position of Deputy Commissioner;

(b) the position of Chief Executive Officer;

(c) IBAC Officers classified as Executive Officers.


Schedule 1—Corresponding laws

Column 1
Jurisdiction / Column 2
Corresponding law /
Australian Capital Territory / Crimes (Assumed Identities) Act2009 /
Commonwealth / Part IAC of the Crimes Act 1914 /
New South Wales / Law Enforcement and National Security (Assumed Identities) Act2010 /
Queensland / Chapter 12 of the Police Powers and Responsibilities Act 2000 /
South Australia / Part 3 of the Criminal Investigation (Covert Operations) Act 2009
Tasmania / Police Powers (Assumed Identities) Act 2006
Western Australia / Part 3 of the Criminal Investigation (Covert Powers) Act 2012

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Endnotes

Crimes (Assumed Identities) Regulations2016

S.R. No. 60/2016

Endnotes

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[1] Reg. 4(a): S.R. No.74/2006 as amended by S.R. Nos 10/2013 and 93/2013.

[2] Reg. 4(b): S.R. No.93/2013.

[3] Reg. 4(c): S.R. No.10/2013.