Crimes Regulations 2019

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 25 July 2019

David Hurley

Governor‑General

By His Excellency’s Command

Christian Porter

Attorney‑General

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Forms

5 Prescribed forms

6 Optional forms

Part 3—Controlled operations

7 Corresponding State controlled operations laws

8 Requirements for indemnification of participants against civil liability

Part 4—Assumed identities

9 Corresponding assumed identity laws

10 Requirements for indemnification of authorised persons

Part 5—Witness identity protection for operatives

11 Corresponding witness identity protection laws

12 Meaning of civil proceeding

Part 6—Protecting vulnerable persons

13 Video recordings—persons who may conduct interview

Part 7—Sentencing, imprisonment and release of federal offenders

14 State and Territory pre‑release permit schemes that apply to federal offenders

15 Additional sentencing alternatives—State and Territory sentences and orders

16 Offences for which a court may impose certain conditions

Part 8—Forensic procedures

17 Persons appropriately qualified to carry out forensic procedures

18 Persons authorised to access information on DNA databases

19 Corresponding laws—forensic procedures and DNA databases

Part 9—Pardons, quashed convictions and spent convictions

20 Exclusions from Divisions 2 and 3 of Part VIIC of the Act

21 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)

Part 10—Miscellaneous

22 ACC delegates

Part 11—Application, saving and transitional provisions

Division 1—Transitional matters relating to the Crimes Regulations 1990

23 Things done under the Crimes Regulations 1990

24 Conduct, event, circumstances occurring before commencement

25 Forms prescribed under the Crimes Regulations 1990

26 Application of indemnification requirements

27 Sentences or orders under section 20AB of the Act

Division 2—Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

28 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

Schedule 1—Forms

Form 1—Document relating to other offences to be taken into account

Form 2—Warrant authorising the detention of a person where parole or licence automatically revoked

Form 3—Notice of proposed revocation of parole order or licence

Form 4—Warrant for arrest where parole order or licence has been revoked

Form 5—Warrant authorising detention where parole order or licence has been revoked

Form 6—Warrant authorising the remand of a person where parole order or licence has been revoked

Form 7—Order for the detention of a person where parole order or licence has been revoked

Form 8—Notification of breach of conditions where parole order or licence has been revoked

Form 9—Summons to appear

Form 10—Order and recognisance where discharge without conviction

Form 11—Order and recognisance where release without passing sentence

Form 12—Order and recognisance where sentenced

Form 13—Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked

Form 14—Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked

Form 15—Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked

Form 16—Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked

Form 17—Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked

Form 18—Warrant under subsection 20BM(6) of the Act authorising the remand of a person where release order revoked

Form 19—Summons in relation to breach of psychiatric probation order or program probation order

Form 20—Warrant in relation to breach of psychiatric probation order or program probation order

Form 21—Warrant for arrest in relation to breach of psychiatric probation order or program probation order

Form 22—Certificate in relation to reparation for offences

Schedule 2—Spent convictions

1 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)

Part 1—Preliminary

1  Name

  This instrument is the Crimes Regulations 2019.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

 (1) Subject to subsection (2), this instrument is made under the Crimes Act 1914.

 (2) Division 2 of Part 11 is made under the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) chief officer;

(b) controlled operation;

(c) designated offence.

  In this instrument:

Act means the Crimes Act 1914.

aviation security offence means an offence against:

 (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or

 (b) Part 5.3 of the Criminal Code (terrorism).

drug offence means an offence constituted by the production, possession, supply, import or export of a substance that is:

 (a) a narcotic substance within the meaning of the Customs Act 1901; or

 (b) a drug within the meaning of:

 (i) subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or

 (ii) subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.

forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.

forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by the Australian Federal Police or the police force or police service of a State or Territory.

health security offence means an offence against:

 (a) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or

 (b) Part 5.1 or 5.3 of the Criminal Code (treason and terrorism); or

 (c) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).

maritime security offence means an offence against:

 (a) Part 4 of the Australian Passports Act 2005 (offences relating to Australian travel documents); or

 (b) the Crimes (Aviation) Act 1991, other than section 15 (certain offences committed on aircraft); or

 (c) Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code (offences relating to people smuggling, the security of the Commonwealth, forgery, border controlled drugs and plants and money laundering); or

 (d) section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (smuggling and offences relating to import or export of certain goods); or

 (e) Division 10 of Part IV of the repealed Navigation Act 1912 (dangerous goods); or

 (f) Subdivision B of Division 4 of Part 4 of Chapter 3 of the Navigation Act 2012 (dangerous goods); or

 (g) section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (supply or export of goods or services to be used for a WMD program).

Part 2—Forms

5  Prescribed forms

  For the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 1 mentioned in column 2 of the item is prescribed.

6  Optional forms

  The form in Schedule 1 mentioned in column 2 of an item in the following table may be used for the purposes of the provision of the Act mentioned in column 1 of the item.

Part 3—Controlled operations

7  Corresponding State controlled operations laws

  For the purposes of the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.

8  Requirements for indemnification of participants against civil liability

  For the purposes of paragraph 15HB(f) of the Act, the following requirements are specified:

 (a) the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:

 (i) any conduct in which the participant engages, in the course of and for the purposes of the controlled operation, that is likely to result in legal proceedings against the participant or the Commonwealth; and

 (ii) any proceedings arising in relation to liability that the participant may have incurred because of conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation;

 (b) in any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, the participant must:

 (i) authorise the Commonwealth to control the conduct of the defence; and

 (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the participant’s legal representative; and

 (iii) give, and authorise the participant’s 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 the participant’s favour—take all steps directed by the Commonwealth to recover the award; and

 (v) if the participant recovers any costs—pay the recovered costs to the Commonwealth;

 (c) the participant must not make any written or oral agreement to settle any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, in full or in part, unless the terms of the agreement have been approved by the chief officer of the authorising agency.

Part 4—Assumed identities

9  Corresponding assumed identity laws

  For the purposes of the definition of corresponding assumed identity law in section 15K of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.

10  Requirements for indemnification of authorised persons

  For the purposes of paragraph 15KS(2)(c) of the Act, the following requirements are prescribed:

 (a) the authorised person must notify the chief officer who granted the authority in writing, and as soon as practicable, of:

 (i) anything done by the authorised person, in the course of acquiring or using an assumed identity, that is likely to result in legal proceedings against the authorised person or the Commonwealth; and

 (ii) any proceedings arising in relation to liability that the authorised person may have incurred because of anything done by the authorised person in the course of acquiring or using an assumed identity;

 (b) in any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, the authorised person must:

 (i) authorise the Commonwealth to control the conduct of the defence; and

 (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person’s legal representative; and

 (iii) give, and authorise the authorised person’s 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 the authorised person’s favour—take all steps directed by the Commonwealth to recover the award; and

 (v) if the authorised person recovers any costs—pay the recovered costs to the Commonwealth;

 (c) the authorised person must not make any written or oral agreement to settle any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, in full or in part, unless the terms of the agreement have been approved by the chief officer.

Part 5—Witness identity protection for operatives

11  Corresponding witness identity protection laws

  For the purposes of the definition of corresponding witness identity protection law in subsection 15M(1) of the Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force from time to time, are prescribed.

12  Meaning of civil proceeding

  For the purposes of paragraph 15MB(2)(d) of the Act, each of the following is part of a civil proceeding:

 (a) a proceeding in relation to an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;

 (b) an examination conducted under Part 3‑1 of that Act.

Part 6—Protecting vulnerable persons

13  Video recordings—persons who may conduct interview

  For the purposes of paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified.

Part 7—Sentencing, imprisonment and release of federal offenders

14  State and Territory pre‑release permit schemes that apply to federal offenders

 (1) For the purposes of subsection 19AZD(3) of the Act, a pre‑release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.

 (2) A federal offender who is not an Australian citizen is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would result in the offender:

 (a) becoming an unlawful non‑citizen (within the meaning of the Migration Act 1958); and

 (b) being liable to detention and removal from Australia under that Act.

 (3) A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.

15  Additional sentencing alternatives—State and Territory sentences and orders

  For the purposes of subsection 20AB(1AA) of the Act, a sentence or order mentioned in column 1 of an item in the following table under a law mentioned in column 2 of the item is prescribed.

16  Offences for which a court may impose certain conditions

  For the purposes of paragraph 22(1)(b) of the Act, an indictable offence against the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005 is prescribed.

Part 8—Forensic procedures

17  Persons appropriately qualified to carry out forensic procedures

  For the purposes of paragraph (b) of the definition of appropriately qualified in subsection 23WA(1) of the Act, a person mentioned in column 2 of an item in the following table is qualified to carry out a forensic procedure mentioned in column 1 of the item.

18  Persons authorised to access information on DNA databases

  For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:

 (a) the person is employed or otherwise engaged by a forensic laboratory accredited by the National Association of Testing Authorities, Australia; and

 (b) in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory.

19  Corresponding laws—forensic procedures and DNA databases

  For the purposes of the definition of corresponding law in section 23YUA of the Act, the following laws, as in force from time to time, are prescribed:

 (a) the Crimes (Forensic Procedures) Act 2000 (NSW);

 (b) Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 (Vic.);

 (c) Chapter 17 of the Police Powers and Responsibilities Act 2000 (Qld);

 (d) Part 2 of, and Schedules 1 and 6 to, the Police Powers and Responsibilities Regulation 2012 (Qld);

 (e) the Criminal Investigation (Identifying People) Act 2002 (WA);

 (f) the Criminal Law (Forensic Procedures) Act 2007 (SA);

 (g) the Forensic Procedures Act 2000 (Tas.);

 (h) the Crimes (Forensic Procedures) Act 2000 (ACT);

 (i) Division 7 of Part VII of the Police Administration Act 1978 (NT).

Part 9—Pardons, quashed convictions and spent convictions

20  Exclusions from Divisions 2 and 3 of Part VIIC of the Act

  For the purposes of sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, the persons and bodies mentioned in column 1 of an item in the following table, and the laws mentioned in column 2 of an item in the table, as in force from time to time, are prescribed.

21  Exclusions from Division 3 of Part VIIC of the Act (spent convictions)

  Schedule 2 of this instrument prescribes persons, purposes and offences for the purposes of paragraph 85ZZH(k) of the Act.

Part 10—Miscellaneous

22  ACC delegates

  For the purposes of subparagraphs 15HG(5)(c)(ii) and 15MX(3)(c)(ii) of the Act, the following positions are prescribed:

 (a) a position occupied by a person mentioned in subsection 47(1) of the Australian Crime Commission Act 2002 who is an SES employee;

 (b) any position in the ACC that is equivalent to or higher than a position mentioned in paragraph (a) of this section.

Part 11—Application, saving and transitional provisions

Division 1—Transitional matters relating to the Crimes Regulations 1990

23  Things done under the Crimes Regulations 1990

 (1) If:

 (a) a thing was done for a particular purpose under the Crimes Regulations 1990 as in force immediately before those Regulations were repealed; and

 (b) the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

 (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

24  Conduct, event, circumstances occurring before commencement

 (1) To avoid doubt, a function or duty may be performed, or a power exercised:

 (a) under this instrument; or

 (b) under the Act in connection with something prescribed by this instrument;

in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this instrument commences.

 (2) This section does not limit section 23 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).

25  Forms prescribed under the Crimes Regulations 1990

  Without limiting section 5, for the purposes of a provision of the Act mentioned in column 1 of an item in the following table, the form in Schedule 3 to the Crimes Regulations 1990 (as in force immediately before the commencement of this instrument) mentioned in column 2 of the item is prescribed.

26  Application of indemnification requirements

 (1) Section 8 applies in relation to any conduct engaged in after the commencement of this instrument in the course of, and for the purposes of, a controlled operation, whether the controlled operation is authorised before or after that commencement.

 (2) Section 10 applies in relation to anything done after the commencement of this instrument in the course of acquiring or using an assumed identity, whether the authority to acquire or use the identity is granted before or after that commencement.

 (3) Despite the repeal of the Crimes Regulations 1990 by the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019, regulations 4B and 4C of the Crimes Regulations 1990 continue to apply, as if the repeal had not happened, in relation to:

 (a) any conduct engaged in before the commencement of this instrument in the course of, and for the purposes of, a controlled operation; and

 (b) anything done before that commencement in the course of acquiring or using an assumed identity.

27  Sentences or orders under section 20AB of the Act

  Nothing in this instrument or the Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 affects a sentence passed, or order made, before the commencement of this instrument, under section 20AB of the Act.

Division 2—Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

28  Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010

Annual reports

 (1) A report required to be laid before each House of the Parliament under section 15HN of the Act may be combined with a report required to be laid before each House of the Parliament under section 15T of the Act, as continued in force by Schedule 3 to the amendment Act.

Pre‑commencement controlled operations

 (2) The Crimes Regulations 1990, as in force immediately before 19 February 2010, continue to apply to a pre‑commencement controlled operation.

Note: A pre‑commencement controlled operation is a controlled operation authorised under Part IAB of the Act before 19 February 2010, whether or not the pre‑commencement controlled operation had been completed as at that time: see subitem 17(2) of Schedule 3 to the amendment Act.

 (3) For the purposes of the definition of State controlled operations law in item 16 of Schedule 3 to the amendment Act, the provisions mentioned in column 3 of an item in the following table of the law mentioned in column 2 of the item, as in force when the authority mentioned in that Schedule was granted under that law, are prescribed.

Definitions

 (4) In this section:

amendment Act means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.

Schedule 1—Forms

Note: See sections 5 and 6.

Form 1—Document relating to other offences to be taken into account

Commonwealth of Australia

Crimes Act 1914

FORM FOR THE PURPOSES OF SECTION 16BA

*Branch Office of the Director of Public Prosecutions

*Regional Office of the Attorney‑General’s Department

Information for Defendant

1

TO: 2

1. You are charged with the following federal *offence/*offences:

(a)  3;

(b)  3;

before the 4.

2. The list at the end of this document gives particulars of 5 other *offence/*offences which you are believed to have committed.

3. If you are convicted of *the charge/*any of the charges mentioned above and before sentence is passed, you may:

(a) if:

(i) the court decides; and

(ii) the prosecution agrees;

admit all or any of the offences specified in the list at the end of this document; and

(b) ask that any of those offences that you have admitted be taken into account by the court in passing sentence for the *offence/*offences of which you have been convicted.

4. If you are convicted and the court does take any of the offences that you have admitted into account, the maximum sentence that may be passed upon you for *the offence/*any offence of which you have been convicted will still be the maximum penalty that the court could have imposed on you for the offence if no other offence had been taken into account.

5. If the court takes an offence that you have admitted into account, the court may make such orders about reparation, restitution, compensation, costs and forfeiture as it could have made if you had been convicted before the court of the offence, but will not impose any other punishment for the offence. Rights of appeal are available in relation to an order as if it had been made on the conviction for the offence.

6. No proceedings may be taken or continued against you for an offence taken into account by the court in respect of a conviction unless the conviction in respect of which the offence has been taken into account has been quashed or set aside.

7. If:

(a) in the circumstances mentioned in paragraph 6, proceedings are taken or continued against you for an offence that you have admitted; or

(b) the court does not for any reason take any one or more of the offences that you have admitted into account;

your admission cannot be used as evidence against you in any proceedings taken or continued for the offence about which the admission was made or for any other offence listed at the end of this document.

6

*7

*Director of Public Prosecutions/*A person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914/*A person appointed under section 69 of the Judiciary Act 1903

8

Acknowledgement

I,  2, acknowledge receipt of a copy of this document.

9

8

Certificate

This is to certify that the court has taken into account the *offence/*offences admitted by

 2 which are numbered  10 in the list at the end of this document in respect of the *conviction/*convictions for the *offence/*offences listed in paragraph 1 above of which              2 has been convicted.

Dated 8.

 11

*Judge of 4/*Magistrate

Crimes Act 1914, section 16BA

Offences which you are believed to have committed

1 insert address

2 insert name of defendant

3 insert details of offences

4 insert name of court

5 insert number of offences listed

6 signature of the Director of Public Prosecutions, person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or person appointed under section 69 of the Judiciary Act 1903

7 insert full name of person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or of person appointed under section 69 of the Judiciary Act 1903

8 insert date

9 signature of defendant

10 insert the number of each offence taken into account

11 signature of judge or magistrate

* omit if inapplicable

Form 2—Warrant authorising the detention of a person where parole or licence automatically revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SECTION 19AS AUTHORISING THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

AND to the officer in charge of 2 in  1:

I, 3, *a Judge of 4/*Magistrate, under paragraph 19AS(1)(c) of the Crimes Act 1914:

(a) authorise those members in 1 to take 5 to              2 in              1 and deliver that person to the officer in charge of that prison, together with this warrant; and

(b) authorise the officer in charge of  2 in 1 to receive               5 into custody and detain that person to undergo imprisonment for the *term/*terms of the *sentence/*sentences of imprisonment specified in the Schedule.

This warrant is issued because 5 is a person:

(a) who is serving or is to serve a federal sentence or sentences within the meaning of Part IB of the Crimes Act 1914; and

(b) who was released on parole or licence under that Act; and

(c) whose parole or licence is taken to have been revoked under section 19AQ of that Act, because of the imposition of one or more further federal, State or Territory sentences; and

(d) who has become liable under section 19AQ to serve the part of each of the sentences referred to in paragraph (a) that the person had not served at the time of the person’s release.

SCHEDULE

DETAILS OF *SENTENCE/*SENTENCES TO BE SERVED

 1 6

 2

 3

Dated 7.

 8

*Judge of 4/*Magistrate

2 insert name of prison

3 insert full name of judge or magistrate

4 insert name of court

5 insert full name of person

6 insert details of each outstanding sentence commencing with the longest outstanding sentence

7 insert date

8 signature of judge or magistrate

* omit if inapplicable

Form 3—Notice of proposed revocation of parole order or licence

Commonwealth of Australia

Crimes Act 1914

NOTICE OF REVOCATION UNDER SUBSECTION 19AU(2)

To 1, a person to whom *a parole order under section 19AL/*a licence under section 19AP of the Crimes Act 1914 relates:

I,  2, Attorney‑General of the Commonwealth of Australia, under subsection 19AU(2) of the Crimes Act 1914, notify you that:

*(a) you have not complied with the following *condition/*conditions of your *parole order/*licence:

(i)  3;

(ii)  3; and

*(a) I have reasonable grounds to suspect that you have not complied with the following *condition/*conditions of your *parole order/*licence:

(i)  3;

(ii)  3; and

(b) I propose to revoke that *parole order/*licence at the end of 14 days after the date of this notice unless:

(i) before then, you give me reasons, in writing, why the *parole order/*licence should not be revoked; and

(ii) I accept those reasons.

This notice has been issued because

* 1 failed to comply with *a condition/*conditions of the *parole order/*licence during the *parole period/*licence period.

*there are reasonable grounds for suspecting that  1 has failed to comply with *a condition/*conditions of the *parole order/*licence during the *parole period/*licence period.

Dated 4.

5

Attorney‑General

2 insert full name of Attorney‑General

3 list details of each condition which has allegedly been breached

4 insert date

5 signature of Attorney‑General

* omit if inapplicable

Form 4—Warrant for arrest where parole order or licence has been revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT FOR ARREST UNDER SUBSECTION 19AV(2)

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

I,  2,   3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 19AV(2) of that Act, authorise and request you to arrest                                          4 and bring that person, as soon as practicable, before a magistrate in the *State/*Territory in which that person is arrested to be dealt with according to law.

This warrant is issued because:

(a) the *Attorney‑General/*Director of Public Prosecutions has applied under subsection 19AV(2) of the Crimes Act 1914 for the issue of this warrant; and

(b) I am satisfied that the *parole order/*licence relating to 4 has been revoked under section 19AU of that Act.

Dated 5.

6

3

2 insert full name of prescribed authority

3 insert designation of prescribed authority

4 insert full name of person

5 insert date

6 signature of prescribed authority

* omit if inapplicable

Form 5—Warrant authorising detention where parole order or licence has been revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 19AW(1) AUTHORISING THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

AND to the officer in charge of 2 in  1:

I,  3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:

(a) under paragraph 19AW(1)(d) of that Act authorise those members in 1 to take              5 to              2 in              1 and deliver that person to the officer in charge of that prison, together with this warrant; and

(b) under paragraph 19AW(1)(e) of that Act direct the officer in charge of 2 in              1 to detain               5 to undergo imprisonment for the *term/*terms of the *sentence/*sentences of imprisonment specified in the Schedule*./*; and

*(c) under paragraph 19AW(1)(f) of that Act fix the non‑parole period in respect of the *sentence/*sentences at              6.

This warrant is issued because:

(a) the Attorney‑General, under section 19AU of the Crimes Act 1914, has revoked the *parole order/*licence relating to              5; and

*(b) I am satisfied that:

(i)  5 is the person named in that revocation order; and

(ii)  5 was notified by the Attorney‑General of the proposal to make the revocation order; and

(iii) the revocation order is still in force.

SCHEDULE

DETAILS OF *SENTENCE/*SENTENCES TO BE SERVED

7

Dated 8.

9

4

2 insert name of prison

3 insert full name of prescribed authority

4 insert designation of prescribed authority

5 insert full name of person

6 insert length of non‑parole period

7 insert particulars of the unserved part of each outstanding sentence

8 insert date

9 signature of prescribed authority

* omit if inapplicable

Form 6—Warrant authorising the remand of a person where parole order or licence has been revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 19AW(2) AUTHORISING THE REMAND OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

AND to the officer in charge of 2 in  1:

I, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 19AW(2) of that Act:

(a) authorise those members in 1 to take 5 to               2 in              1 and deliver that person to the officer in charge of that prison, together with this warrant; and

(b) authorise the officer in charge of 2 in 1 to receive              5 into custody and keep that person until              6 when that officer is to have that person brought before this court at              7.

This warrant is issued because:

(a) a hearing under subsection 19AW(1) of the Crimes Act 1914 is not completed; and

(b) I am satisfied that it is necessary to remand 5 in custody.

Dated 8.

9

4

2 insert name of prison

3 insert full name of prescribed authority

4 insert designation of prescribed authority

5 insert full name of person

6 insert time and date

7 insert address of court

8 insert date

9 signature of prescribed authority

* omit if inapplicable

Form 7—Order for the detention of a person where parole order or licence has been revoked

Commonwealth of Australia

Crimes Act 1914

ORDER UNDER PARAGRAPH 19AX(1)(b) FOR THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

AND to the officer in charge of 2 in  1:

I, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 19AX(1)(b) of that Act:

(a) authorise those members in  1 to take 5 to              2 in              1 and deliver that person to the officer in charge of that prison, together with this warrant; and

(b) direct the officer in charge of 2 in  1 to receive               5 into custody and detain that person until:

(i) the Attorney‑General orders that the revocation order under subsection 19AU(1) of that Act be rescinded; or

(ii) the completion of proceedings under subsection 19AW(1) of that Act.

This warrant is issued because:

(a) the Attorney‑General, under subsection 19AU(1) of the Crimes Act 1914, has revoked the *parole order/*licence relating to              5; and

(b) I am satisfied that 5 is the person named in that revocation order; and

(c) I am not satisfied that 5 was notified by the Attorney‑General of the proposal to make the revocation order.

Dated 6.

7

4

2 insert name of prison

3 insert full name of prescribed authority

4 insert designation of prescribed authority

5 insert full name of person

6 insert date

7 signature of prescribed authority

* omit if inapplicable

Form 8—Notification of breach of conditions where parole order or licence has been revoked

Commonwealth of Australia

Crimes Act 1914

NOTIFICATION OF BREACH UNDER SUBSECTION 19AX(2)

TO: 1, a person subject to a revocation order under subsection 19AU(1) of the Crimes Act 1914:

I, 2, Attorney‑General of the Commonwealth of Australia, under subsection 19AX(2) of the Crimes Act 1914:

*(a) notify you that you have not complied with the following *condition/*conditions of your *parole order/*licence:

(i)  3;

(ii)  3; and

*(a) notify you that I have reasonable grounds to suspect that you have not complied with the following *condition/*conditions of your *parole order/*licence:

(i)  3;

(ii)  3; and

(b) request that you give me, within 14 days after the date of this notice, reasons, in writing, why the *parole order/*licence should not have been revoked.

I do not propose to rescind the revocation of the *parole order/*licence unless you give me reasons and I accept them.

This notice has been issued because:

(a) I have been notified by 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, that               1 has been brought before that authority; and

(b)  4 is not satisfied that  1 was notified by me under subsection 19AU(2) of that Act that I proposed to make the revocation order.

Dated 5.

6

Attorney‑General

2 insert full name of Attorney‑General

3 list details of each condition which has allegedly been breached

4 insert full name and designation of prescribed authority

5 insert date

6 signature of Attorney‑General

* omit if inapplicable

Form 9—Summons to appear

Commonwealth of Australia

Crimes Act 1914

SUMMONS UNDER SUBSECTION 19AZ(2)

TO: 1

You are summoned under subsection 19AZ(2) of the Crimes Act 1914 to appear before the              2 at              3 at              4 and to attend from day to day, unless you are excused or released from attendance, to give evidence *and/*to produce the following *documents/*and/*articles:

5

 1.

5.

 2.

Dated 6.

7

8

Note If you are served with a summons under subsection 19AZ(2) of the Crimes Act 1914 and then fail to attend as required by the summons without a reasonable excuse, you may have committed an offence and may be liable, on conviction, to a fine not exceeding 10 penalty units.

2 insert name of court

3 insert address of court

4 insert time and date

5 insert details of documents or articles

6 insert date

7 signature of prescribed authority

8 designation of prescribed authority

* omit if inapplicable

Form 10—Order and recognisance where discharge without conviction

Commonwealth of Australia

Crimes Act 1914

ORDER AND RECOGNISANCE UNDER SECTION 19B

IN THE 1

AT 2

IN THE *STATE OF 3

BETWEEN:

4(*Informant/*Appellant)

‑and‑

5(*Defendant/*Respondent)

ORDER

THE COURT DISCHARGES the *defendant/*appellant under section 19B of the Crimes Act 1914 without proceeding to conviction upon the *defendant/*appellant giving security *with *surety/*sureties of $              6 by recognisance of $              7 to comply with the following conditions:

(a) that the *defendant/*appellant is to be of good behaviour for  8 *months/*years;

*(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $              9 to              10 *by              11/ *by instalments of $               12;

*(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $              9 to              10 *by              11/ *by instalments of $              12;

*(d) that the *defendant/*appellant is to comply with the following further conditions:

(i)  13;

(ii)  13.

This Order has been issued because:

*(a) the appellant, 14 of 15, appealed to this court against the *sentence/*conviction and sentence imposed by the               2 Magistrates’ Court on              16 in respect of the following federal *offence/*offences:

(i)  17;

(ii)  17; and

*(a) the defendant, 14 of 15, was charged with the following federal *offence/*offences:

(i)  17;

(ii)  17; and

(b) the court is satisfied that the *charge is/*charges are proved, but is of the opinion, having regard to:

(i) the character, antecedents, age, health or mental condition of the person; or

(ii) the extent to which the *offence is/*offences are of a trivial nature; or

(iii) the extent to which the *offence was/*offences were committed under extenuating circumstances;

 that *it is inexpedient to inflict *any punishment/*any punishment other than a nominal punishment./*it is expedient to release the *defendant/*appellant on probation.

Dated 16.

18

*Judge of 1/*Magistrate/*Registrar of 1/ *Clerk of              1/*Justice of the Peace

RECOGNISANCE

I, 14, the *defendant/*appellant:

(a) have had explained to me:

(i) the purpose and effect of this Order; and

(ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and

(iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and

(b) agree that I am bound in accordance with this Order; and

(c) agree that I have been given a copy of this Order.

Dated 16.

19

Before me:

20

*Registrar of 1/*Clerk of 1 /*Justice of the Peace

UNDERTAKING BY *SURETY/*SURETIES

I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.

I agree that I have been given a copy of this Order.

First Surety: 21

Name: 22

Address: 23

Second Surety: 21

Name: 22

Address: 23

2 insert location of court

3 insert State or Territory

4 insert name of informant or appellant

5 insert name of defendant or respondent

6 insert amount of surety or sureties

7 insert amount of recognisance

8 insert period

9 insert amount

10 insert to whom amount is to be paid

11 insert date by which amount must be paid

12 insert details of instalments

13 insert details of further conditions, including period

14 insert name of defendant or appellant

15 insert address of defendant or appellant

16 insert date

17 insert details of offences

18 signature of judge, magistrate, registrar, clerk or justice of the peace

19 insert signature of defendant or appellant

20 signature of registrar, clerk or justice of the peace

21 signature of surety

22 insert full name of surety

23 insert address of surety

* omit if inapplicable

Form 11—Order and recognisance where release without passing sentence

Commonwealth of Australia

Crimes Act 1914

ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(a)

IN THE 1

AT 2

IN THE *STATE OF 3

BETWEEN:

4(*Informant/*Appellant)

‑and‑

5(*Defendant/*Respondent)

ORDER

THE COURT ORDERS the release of the *defendant/*appellant under paragraph 20(1)(a) of the Crimes Act 1914 without passing sentence on the *defendant/*appellant upon the *defendant/*appellant giving security *with *surety/*sureties of $              6 by recognisance of $              7 to comply with the following conditions:

(a) that the *defendant/*appellant is to be of good behaviour for  8 *months/*years;

*(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $              9 to              10 *by              11/*by instalments of $              12;

*(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $              9 to              10 *by              11/ *by instalments of $              12;

*(d) that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $              9 to              13 *by               11/*by instalments of $              12;

*(e) that the *defendant/*appellant is to comply with the following further conditions:

(i)  14;

(ii)  14.

This Order has been issued because:

*(a) the appellant, 15 of 16, appealed to this court against the *sentence/*conviction and sentence imposed by the              2 Magistrates’ Court on              17 in respect of the following federal *offence/*offences:

(i)  18;

(ii)  18; and

*(a) the defendant, 15 of 16, was charged with the following federal *offence/*offences:

(i)  18;

(ii)  18; and

(b) the court has convicted the *defendant/*appellant of the *offence/*offences; and

(c) the court has decided to release the *defendant/*appellant without passing sentence on the *defendant/*appellant if the *defendant/*appellant complies with the conditions of this Order.

Dated 17.

19

*Judge of 1/*Magistrate/*Registrar of  1/

*Clerk of 1/*Justice of the Peace

RECOGNISANCE

I, 15, the *defendant/*appellant:

(a) have had explained to me:

(i) the purpose and effect of this Order; and

(ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and

(iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and

(b) agree that I am bound in accordance with this Order; and

(c) agree that I have been given a copy of this Order.

Dated 17.

20

Before me:

21

*Registrar of 1/*Clerk of 1 /*Justice of the Peace

UNDERTAKING BY *SURETY/*SURETIES

I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.

I agree that I have been given a copy of this Order.

First Surety: 22

Name: 23

Address: 24

Second Surety: 22

Name: 23

Address: 24

2 insert location of court

3 insert State or Territory

4 insert name of informant or appellant

5 insert name of defendant or respondent

6 insert amount of surety or sureties

7 insert amount of recognisance

8 insert period

9 insert amount

10 insert to whom amount is to be paid

11 insert date by which amount must be paid

12 insert details of instalments

13 insert to whom penalty is to be paid

14 insert details of further conditions, including period

15 insert name of defendant or appellant

16 insert address of defendant or appellant

17 insert date

18 insert details of offences

19 signature of judge, magistrate, registrar, clerk or justice of the peace

20 insert signature of defendant or appellant

21 signature of registrar, clerk or justice of the peace

22 signature of surety

23 insert full name of surety

24 insert address of surety

* omit if inapplicable

Form 12—Order and recognisance where sentenced

Commonwealth of Australia

Crimes Act 1914

ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(b)

IN THE 1

AT 2

IN THE *STATE OF 3

BETWEEN:

4(*Informant/*Appellant)

‑and‑

5(*Defendant/*Respondent)

ORDER

THE COURT ORDERS the release of the *defendant/*appellant under paragraph 20(1)(b) of the Crimes Act 1914 *after serving               6 *month/*months of the term of imprisonment/*forthwith upon the *defendant/*appellant giving security *with *surety/*sureties of $              7 by recognisance of $              8 to comply with the following conditions:

(a) that the *defendant/*appellant is to be of good behaviour for  9 *months/*years;

*(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $              10 to              11 *by              12/*by instalments of $              13;

*(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $              10 to              11 by              12/ *by instalments of $              13;

*(d) that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $              10 to              14 *by              12/*by instalments of $              13;

*(e) that the *defendant/*appellant is to comply with the following further conditions:

(i)  15;

(ii)  15.

This Order has been issued because:

*(a) the appellant, 16 of 17, appealed to this court against the *sentence/*conviction and sentence imposed by the              2 Magistrates’ Court on              18 in respect of the following federal *offence/*offences:

(i)  19;

(ii)  19; and

*(a) the defendant, 16 of 17, was charged with the following federal *offence/*offences:

(i)  19;

(ii)  19; and

(b) the Court has sentenced the *defendant/*appellant to a term of imprisonment; and

(c) the Court has decided that the *defendant/*appellant be released *after serving 6 *month/*months of the sentence/*forthwith if the *defendant/*appellant complies with the conditions of this Order.

Dated 18.

20

*Judge of 1/*Magistrate/*Registrar of 1/ *Clerk of               1/*Justice of the Peace

RECOGNISANCE

I, 16, the *defendant/*appellant:

(a) have had explained to me:

(i) the purpose and effect of this Order; and

(ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and

(iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and

(b) agree that I am bound in accordance with this Order; and

(c) agree that I have been given a copy of this Order.

Dated 18.

21

Before me:

22

*Registrar of 1/*Clerk of 1/ *Justice of the Peace

UNDERTAKING BY *SURETY/*SURETIES

I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.

I agree that I have been given a copy of this Order.

First Surety: 23

Name: 24

Address: 25

Second Surety: 23

Name: 24

Address: 25

2 insert location of court

3 insert State or Territory

4 insert name of informant or appellant

5 insert name of defendant or respondent

6 insert number of months

7 insert amount of surety or sureties

8 insert amount of recognisance

9 insert period

10 insert amount

11 insert to whom amount is to be paid

12 insert date by which amount must be paid

13 insert details of instalments

14 insert to whom penalty is to be paid

15 insert details of further conditions, including period

16 insert name of defendant or appellant

17 insert address of defendant or appellant

18 insert date

19 insert details of offences

20 signature of judge, magistrate, registrar, clerk or justice of the peace

21 signature of defendant or appellant

22 signature of registrar, clerk or justice of the peace

23 signature of surety

24 insert full name of surety

25 insert address of surety

* omit if inapplicable

Form 13—Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT FOR ARREST UNDER PARAGRAPH 20BF(3)(b)

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

I,  2, 3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 20BF(3)(b) of that Act, authorise and request you to arrest              4 and bring that person, as soon as practicable, before a magistrate in the *State/*Territory in which that person is arrested to be dealt with according to law.

This warrant is issued because:

(a) the Attorney‑General, under section 20BE of the Crimes Act 1914, ordered that              4 be released from detention; and

(b) the Attorney‑General, under subsection 20BF(1) of that Act, has revoked that release order.

Dated 5.

6

3

2 insert full name of prescribed authority

3 insert designation of prescribed authority

4 insert full name of person

5 insert date

6 signature of prescribed authority

* omit if inapplicable

Form 14—Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 20BF(5) AUTHORISING THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

AND to the officer in charge of 2 in  1:

I, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:

(a) under paragraph 20BF(5)(c) of that Act authorise those members in 1 to take              5 to              2 in              1 and deliver that person to the officer in charge of that *prison/*hospital, together with this warrant; and

(b) under paragraph 20BF(5)(d) of that Act direct the officer in charge of 2 in              1 to detain               5 for the period of               6.

This warrant is issued because:

(a) the Attorney‑General, under subsection 20BF(1) of the Crimes Act 1914, has revoked the release order relating to              5; and

(b) I am satisfied that:

(i)  5 is the person named in the instrument revoking the release order; and

(ii) the release order has been revoked and the revocation is still in force.

Dated 7.

8

4

2 insert name of prison or hospital

3 insert full name of prescribed authority

4 insert designation of prescribed authority

5 insert full name of person

6 insert period

7 insert date

8 signature of prescribed authority

* omit if inapplicable

Form 15—Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 20BF(6) AUTHORISING THE REMAND OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

AND to the officer in charge of 2 in  1:

I, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under subsection 20BF(6) of that Act:

(a) authorise those members in 1 to take 5 to              2 in              1 and deliver that person to the officer in charge of that *prison/*hospital, together with this warrant; and

(b) authorise the officer in charge of 2 in 1 to receive              5 into custody and keep that person until              6 when that officer is to have that person brought before this court at              7.

This warrant is issued on the basis that:

(a)  5 has been brought before me under subsection 20BF(4) of the Crimes Act 1914; and

(b) I have not completed the hearing under subsection 20BF(5) of that Act.

Dated 8.

9

4

2 insert name of prison or hospital

3 insert full name of prescribed authority

4 insert designation of prescribed authority

5 insert full name of person

6 insert time and date

7 insert address of court

8 insert date

9 signature of prescribed authority

* omit if inapplicable

Form 16—Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT FOR ARREST UNDER SUBSECTION 20BM(3)

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

I, 2, 3, a prescribed authority within the meaning of Part IB of the Crimes Act 1914, under paragraph 20BM(3)(b) of that Act, authorise and request you to arrest              4 and bring that person, as soon as practicable, before a magistrate in the *State/*Territory in which that person is arrested to be dealt with according to law.

This warrant is issued because:

(a) the Attorney‑General under section *20BL/*20BT of the Crimes Act 1914, ordered that              4 be released from detention; and

(b) the release order relating to 4 has been revoked.

Dated 5.

6

3

2 insert full name of prescribed authority

3 insert designation of prescribed authority

4 insert full name of person

5 insert date

6 signature of prescribed authority

* omit if inapplicable

Form 17—Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked

Commonwealth of Australia

Crimes Act 1914

WARRANT UNDER SUBSECTION 20BM(5) AUTHORISING THE DETENTION OF A PERSON

TO: *all members and special members of the Australian Federal Police:/*all members of the police force of              1:

AND to the officer in charge of 2 in  1:

I, 3, 4, a prescribed authority within the meaning of Part IB of the Crimes Act 1914:

(a) under paragraph 20BM(5)(c) of that Act authorise those members in 1 to take              5 to              2 in              1 and deliver that person to the officer in charge of that *prison/*hospital, together with this warrant; and

(b) under paragraph 20BM(5)(d) of that Act direct the officer in charge of 2 in              1 to receive              5 into custody and detain that person for the period of              6.