Surveillance Devices Regulations 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
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Surveillance Devices Regulations 2016
S.R. No. 61/2016
TABLE OF PROVISIONS
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 Relevant offence 3
9 Senior officers 3
Schedule 1—Corresponding laws 4
Schedule 2—Relevant offences 5
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Endnotes 6
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2016
S.R. No. 61/2016
Surveillance Devices Act 1999
Surveillance Devices Regulations 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
various matters for the purposes of the
Surveillance Devices Act 1999.
2 Authorising provision
These Regulations are made under section 37A of
the Surveillance Devices Act 1999.
3 Commencement
These Regulations come into operation on 22 June
2016.
4 Revocation
The following Regulations are revoked—
(a) the Surveillance Devices Regulations 20061;
(b) the Surveillance Devices Amendment
Regulations 20132;
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(c) the Surveillance Devices Amendment
(Corresponding Laws) Regulations 20133.
5 Definitions
In these Regulations—
Chief Executive Officer means the person
appointed under section 33 of the
Independent Broad-based Anti-corruption
Commission Act 2011;
Deputy Commissioner has the same meaning
as in the Independent Broad-based
Anti-corruption Commission Act 2011;
IBAC Officer has the same meaning as in the
Independent Broad-based Anti-corruption
Commission Act 2011;
the Act means the Surveillance Devices
Act 1999.
6 Corresponding laws
For the purposes of paragraph (b) of the definition
of corresponding law in section 3(1) of the Act,
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(1) of the Act, 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;
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(e) IBAC Officers classified as non-executive
employees Grade 4, 5 or 6 or as Senior
Technical Specialists.
8 Relevant offence
For the purposes of paragraph (b) of the definition
of relevant offence in section 3(1) of the Act, an
offence against a provision specified in column 2
of Schedule 2 of an Act specified opposite that
provision in column 1 of Schedule 2 is a
prescribed relevant offence.
9 Senior officers
For the purposes of paragraph (da)(ii) of the
definition of senior officer in section 3(1) of the
Act, 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.
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Schedule 1—Corresponding laws
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Schedule 1—Corresponding laws
Regulation 5
Column 1
Jurisdiction
Column 2
Corresponding law
Australian Capital Territory Crimes (Surveillance Devices)
Act 2010
New South Wales Surveillance Devices Act 2007
Northern Territory Surveillance Devices Act
Queensland Chapter 13 of the Police Powers
and Responsibilities Act 2000
Tasmania Police Powers (Surveillance
Devices) Act 2006
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Schedule 2—Relevant offences
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Schedule 2—Relevant offences
Regulation 7
Column 1
Act
Column 2
Relevant offence provision
Catchment and Land Protection
Act 1994
Section 75(1), 75(2), 75(3) or 75(4)
Fisheries Act 1995 Section 36(1), 39(1), 39(2), 39(3),
40(1), 53(1), 53(4), 114(3), 116(1),
119A, 130(4), 130A(5) or 130B(6)
Flora and Fauna Guarantee
Act 1988
Section 47(1) or 47(3)
Forests Act 1958 Section 63(1), 63(2), 64(2), 64(4)
or 96
Heritage Act 1995 Section 110(1) or 134(1)
Royal Botanic Gardens Act 1991 Section 50A
Victoria Police Act 2013 Section 227
Wildlife Act 1975 Section 22(6), 41(1), 44(1), 44(3),
45(1), 47(1), 47D(1), 49(2), 50(1),
50(6), 51(1), 51(2), 52, 53, 54(1),
55, 56(1), 58(1), 58A, 58B, 60A(2),
76(1), 76(2) 76(2A), 76(3), 76(5),
77(1), 80, 83C or 83I
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Endnotes
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Endnotes
1 Reg. 4(a): S.R. No. 73/2006 as amended by S.R. Nos 9/2013 and 94/2013.
2 Reg. 4(b): S.R. No. 9/2013.
3 Reg. 4(c): S.R. No. 94/2013.
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