VersionNo. 001
Surveillance Devices Regulations2016
S.R. No. 61/2016
Version as at
22 June 2016
TABLE OF PROVISIONS
RegulationPage
1
RegulationPage
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
6Corresponding laws
7Prescribed IBAC Officers
8Relevant offence
9Senior officers
Schedule 1—Corresponding laws
Schedule 2—Relevant offences
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 001
Surveillance Devices Regulations2016
S.R. No. 61/2016
Version as at
22 June 2016
1
Endnotes
Surveillance Devices Regulations2016
S.R. No. 61/2016
1Objective
The objective of these Regulations is to prescribe various matters for the purposes of the Surveillance Devices Act 1999.
2Authorising provision
These Regulations are made under section 37A of the Surveillance Devices Act 1999.
3Commencement
These Regulations come into operation on 22 June 2016.
4Revocation
The following Regulations are revoked—
(a)the Surveillance Devices Regulations 2006[1];
(b)the Surveillance Devices Amendment Regulations 2013[2];
(c)the Surveillance Devices Amendment (Corresponding Laws) Regulations 2013[3].
5Definitions
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 Anticorruption 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 Act1999.
6Corresponding laws
For the purposes of paragraph (b) of the definition of corresponding law in section 3(1) of the Act, alaw specified in column 2 of Schedule 1 of a jurisdiction specified opposite that law in column1 of Schedule 1 is declared to be a law ofthat jurisdiction that corresponds to that Act.
7Prescribed IBAC Officers
For the purposes of the definition of prescribed IBAC Officerin 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;
(e)IBAC Officers classified as non-executive employees Grade 4, 5 or 6 or as Senior Technical Specialists.
8Relevant 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.
9Senior 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.
Schedule 1—Corresponding laws
Regulation 5
Column 1Jurisdiction / Column 2
Corresponding law
Australian Capital Territory / Crimes (Surveillance Devices) Act2010
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
Schedule 2—Relevant offences
Regulation 7
Column 1Act / 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 Act1988 / Section 47(1) or 47(3)
Forests Act 1958 / Section 63(1), 63(2), 64(2), 64(4) or96
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
1General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Surveillance Devices Regulations 2016, S.R.No.61/2016 were made on21 June 2016 by the Governor in Council under section 37A of theSurveillance Devices Act 1999, No.21/1999 and came into operation on 22June2016: regulation 3.
The Surveillance Devices Regulations 2016 will sunset 10 years after the day of making on 21 June 2026 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression"(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
•Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
•Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
•Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
•Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
•Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
•Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2Table of Amendments
There are no amendments made to the Surveillance Devices Regulations2016 by statutory rules, subordinate instruments and Acts.
3Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4Explanatory details
1
[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.