(1) The regulations may prescribe offences against the laws of a State or a Territory that are punishable on conviction by imprisonment for a term of at least 3 years.
(2) An offence against a law of a State or Territory must not be prescribed unless:
(a) the Attorney - General of that State or Territory and the Minister ( Police Minister ) responsible for the administration of that State's or Territory's police force have jointly requested the Minister that the offence be prescribed for the purposes of this Division; or
(b) if the Attorney - General of the State or Territory is also the Police Minister of the State or Territory--the Attorney - General has requested the Minister that the offence be prescribed for the purposes of this Division.