ACT Numbered Regulations - Explanatory Statements

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AUSTRALIAN CRIME COMMISSION (ACT) REGULATIONS 2004 (NO 21 OF 2004)

Attachment B

2004

SUBORDINATE LAW No SL2004-21








EXPLANATORY STATEMENT

Circulated by authority of

Jon Stanhope MLA

Attorney General

SUBORDINATE LAW No SL2004-21

Outline

The Australian Crime Commission (ACT) Regulations 2004 prescribe the manner of serving a summons, the form of a warrant for apprehension, and the form of a search warrant as required under sections 26, 27, and 32 of the Australian Crime Commission (ACT) Act 2003.

Section 26 of the Act allows the Minister by regulation to prescribe the manner of service of a summons to witnesses. Under section 22 of the Act an examiner may summon a person to appear at an examination to give evidence and to produce documents or other material referred to in the summons.

Section 27 of the Act allows the Minister by regulation to prescribe the form of a warrant to apprehend a person. Under this section a judge may issue a warrant for the apprehension of a person if it is believed that person has absconded, is likely to abscond, committed an offence, or attempted or is likely to attempt to evade service of the summons.

Section 32 of the Act allows the Minister to prescribe the form of a search warrant under the Act. This section allows for the issue of a search warrant for the purpose of obtaining material for an investigation.

Clause Notes

Regulation 1 – Name of regulations
This regulation specifies the title of the regulations and provides that the regulations are the Australian Crime Commission (ACT) Regulations 2004.

Regulation 2 – Commencement
This regulation specifies the commencement date for the regulations.

Regulation 3 – Notes
This regulation provides that a note included in these regulations is explanatory and is not part of these regulations.

Regulation 4 – Service of Summons on individuals
This regulation outlines the manner of serving a summons on an individual.

Regulation 5 – Service of summons on corporations
This regulation outlines the manner of serving a summons on corporations.

Regulation 6 – Approved forms
This regulation provides that the Minister may approve forms for the Act.