Commonwealth Numbered Regulations

CRIMES AMENDMENT REGULATIONS 2001 (NO. 4) 2001 NO. 334 - SCHEDULE 1

(regulation 3)

[1] After regulation 4

insert

4A Prescribed offence (Act s 15HB)
For paragraph 15HB (a) of the Act, an offence against the Commonwealth that involves any of the following acts is prescribed as a serious Commonwealth offence:

(a)

terrorism;

(b)

violence.

4B Requirements for indemnification (Act s 15IA)
(1) For subsections 15IA (1) and (2) of the Act, the following requirements are specified:
(a) the officer or person must notify the agency head in writing, and as soon as practicable, of:
(i) any conduct that:

(A) in the course of duty, for a controlled operation, he or she engages in; and
(B) is likely to result in legal proceedings against the officer or person, or the Commonwealth; and

(ii)

any proceedings arising in relation to liability that he or she may have incurred because of the conduct;

(b) in any proceedings, the officer or person must:

(i)

authorise the Commonwealth to control the conduct of the defence proceedings; and

(ii)

if the Commonwealth so requires, accept the Australian Government Solicitor or another nominated legal practitioner as his or her legal representative; and

(iii)

give, and authorise his or her 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 his or her favour:

(A) take all steps directed by the Commonwealth to recover the award; and
(B) pay to the Commonwealth any recovered costs;

(c)

the officer or person must not make any written or oral agreement to settle the proceedings, in full or in part, unless the terms of the agreement have been approved by the agency head.

(2) For this regulation:
"agency head" means:

(a)

if the authorising officer for the controlled operation is an AFP authorising officer (within the meaning of section 15J of the Act) — the Commissioner of the Australian Federal Police; or

(b) if the authorising officer for the controlled operation is an NCA authorising officer (within the meaning of section 15J of the Act) — the Chair of the National Crime Authority.
4C Requirements for indemnification (Act s 15XD)
(1) For subsections 15XD (1) and (2) of the Act, the following requirements are specified:
(a) the officer or person must notify the agency head in writing, and as soon as practicable, of:
(i) any conduct that:

(A) in the course of duty, he or she engages in in acquiring evidence of, or using, an assumed identity; and
(B) is likely to result in legal proceedings against the officer or person, or the Commonwealth; and

(ii)

any proceedings arising in relation to liability that he or she may have incurred because of the conduct;

(b) in any proceedings, the officer or person must:

(i)

authorise the Commonwealth to control the conduct of the defence proceedings; and

(ii)

if the Commonwealth so requires, accept the Australian Government Solicitor or another nominated legal practitioner as his or her legal representative; and

(iii) give to the Commonwealth, and authorise his or her 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 his or her favour:

(A) take all steps directed by the Commonwealth to recover the award; and
(B) pay to the Commonwealth any recovered costs;

(c)

the officer or person must not make any written or oral agreement to settle the proceedings, in full or in part, unless the terms of the agreement have been approved by the agency head.

(2) For this regulation:

"agency head" means the head of the Commonwealth participating agency whose authorising person issued the authorisation for the conduct engaged in.

[2] After regulation 6E

insert

6F Prescribed substances, etc (Act s 85X)
(1) For subparagraph 85X (1) (a) (ii) of the Act, the following substances and things must not, without exception, be carried by post:

(a)

gas that is so toxic or corrosive to humans as to pose a hazard to health;

(b)

a thermally unstable substance that is likely to undergo a strongly exothermic decomposition;

(c)

a substance that ignites or self-heats when in contact with air.

(2) For paragraph 85X (1) (b) of the Act, the following substances and things may only be carried by post in accordance with terms and conditions agreed or determined by Australia Post under section 32 of the Australian Postal Corporation Act 1989 that relate to the carriage by post of dangerous or deleterious substances or things:
(a) gas that at 20°C and at a standard pressure of 101.3 kPa:

(i)

is ignitable when in a mixture of 13 per cent or less by volume with air; or

(ii)

has a flammable range with air of at least 12 percentage points, regardless of the lower flammable limit;

(b) gas, that when transported, needs to be at a pressure not less than 280 kPa at 20°C, or as a refrigerated liquid, and that:

(i)

when not contained, dilutes or replaces the oxygen normally in the atmosphere; or

(ii)

may, by providing oxygen, cause or contribute to the combustion of other material more than air does;

(c)

a liquid that gives off a flammable vapour at 60°C and lower temperatures;

(d)

a solid that is readily combustible or may cause, or contribute to, fire through friction;

(e)

a substance that, by interaction with water, becomes flammable or emits flammable gases;

(f)

an organic peroxide;

(g)

a substance that can cause severe damage by chemical reaction when in contact with human tissue;

(h)

a substance that may, by yielding oxygen, cause, or contribute to, the combustion of other material;

(i) a substance that is likely to cause harm to human health:

(i)

if swallowed or inhaled; or

(ii)

by skin contact;

(j)

a substance containing a pathogen that can cause human or animal disease;

(k)

any object with a sharp edge or point;

(l)

a live animal that is dangerous or deleterious;

(m)

solid carbon dioxide;

(n)

a substance in a liquid state at temperatures equal to or exceeding 100°C and below its flash point, or in a solid state at temperatures equal to or exceeding 240°C.