QueenslandCrime and
Corruption Act 2001CrimeandCorruptionRegulation2005Current as at 1 July 2014Reprint
noteThis is the last reprint before repeal.
Repealed on 1 September 2015 by2015 SL No. 80 s
21.
Information about this reprintThis
reprint shows the legislation current as at the date on the cover
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an appropriate note would be includedonthecoverofthereplacementreprintandonthecopyofthisreprintatwww.legislation.qld.gov.au.The
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legislation and reprint.For example—•The
table of reprints endnote lists any previous reprints and, for this reprint, givesdetails of any discretionary editorial powers under theReprints Act 1992used by theOffice of the Queensland Parliamentary Counsel in preparing it.•Thelistoflegislationendnotegiveshistoricalinformationabouttheoriginallegislationandthelegislationwhichamendedit.Italsogivesdetailsofuncommencedamendmentstothislegislation.Forinformationaboutpossibleamendments to the
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arenot continued.
Crime
and Corruption Regulation 2005Part 1
Preliminary[s 1]Crime and
Corruption Regulation 2005[as amended by all amendments that
commenced on or before 1 July 2014]Part 1Preliminary1Short
titleThisregulationmaybecitedastheCrimeandCorruptionRegulation
2005.Part 2Provisions about
searchwarrants, surveillance warrantsand
covert search warrantsDivision 1Search warrant
provisions2Information for search warrant
applicationForsection86(4)(c)oftheAct,thefollowingistheinformation about search warrants
issued within the previousyear that must be included in a search
warrant application—(a)when and where
the warrant was issued, and the courtthat issued
it;(b)the type of major crime or corruption
or the confiscationrelated activity for which the warrant was
issued;(c)whether anything was seized under the
warrant;(d)whetheraproceedingwasstartedbecauseofasearchunder the warrant.Current as at 1
July 2014Page 3
Crime
and Corruption Regulation 2005Part 2 Provisions
about search warrants, surveillance warrants and covert search
warrants[s 3]Division 2Surveillance warrant provisions3Information for surveillance warrant
applicationForsection121(4)(c)oftheAct,thefollowingistheinformationaboutwarrantsissuedwithinthepreviousyearthat
must be included in a surveillance warrant application—(a)the type of warrant;(b)when and where the warrant was issued,
and the courtthat issued it;(c)how
long the warrant was in force;(d)whether the warrant related to a person or a
place;(e)the type of corruption for which the
warrant was issued;(f)if the warrant was a search warrant or
a covert searchwarrant—(i)any
evidence seized under the warrant; and(ii)whetheraproceedingwasstartedbecauseofasearch under the
warrant; and(iii)how the search
helped in any investigation;(g)if
the warrant was a surveillance warrant—(i)whetheraproceedingwasstartedbecauseoftheuse of a
surveillance device under the warrant; and(ii)how
any surveillance under the warrant helped inany
investigation.Division 3Covert search
warrant provisions4Information for covert search warrant
applicationForsection148(3)(d)oftheAct,thefollowingistheinformationaboutwarrantsissuedwithinthepreviousyearthat
must be included in a covert search warrant application—Page
4Current as at 1 July 2014
Crime
and Corruption Regulation 2005Part 2 Provisions
about search warrants, surveillance warrants and covert search
warrants[s 5](a)the
type of warrant;(b)when and where the warrant was issued,
and the courtthat issued it;(c)how
long the warrant was in force;(d)whether the warrant related to a person or a
place;(e)thetypeofmajorcrimeforwhichthewarrantwasissued;(f)if
the warrant was a search warrant or a covert searchwarrant—(i)any
evidence seized under the warrant; and(ii)whetheraproceedingwasstartedbecauseofasearch under the
warrant; and(iii)how the search
helped in any investigation;(g)if
the warrant was a surveillance warrant—(i)whetheraproceedingwasstartedbecauseoftheuse of a
surveillance device under the warrant; and(ii)how
any surveillance under the warrant helped inany
investigation.5Report on covert searchA
report under section 156(1) of the Act on the exercise ofpowersunderacovertsearchwarrantmuststatethefollowing—(a)the
name of the person who prepared the report, and ifthe
person is also a police officer, the officer’s rank andregistered number;(b)if
and when powers were exercised under the warrant;(c)thefactsandcircumstancesofcompliancewiththewarrant and its conditions;(d)particulars of anything seized,
photographed, inspectedor tested under the warrant;Current as at 1 July 2014Page
5
Crime
and Corruption Regulation 2005Part 3 Monitoring
orders and suspension orders[s 6](e)a description of any order sought in
relation to anythingseized or photographed under the
warrant and the reasonfor the order.Part 3Monitoring orders andsuspension
orders6Information for monitoring order
application(1)Forsection119C(2)(b)(ii)oftheAct,thefollowingistheinformationaboutmonitoringordersissuedwithintheprevious year in relation to an
account held with the financialinstitutionbyanamedpersonthatmustbeincludedinanapplication for a monitoring
order—(a)when and where the order was
issued;(b)how long the order was in
force;(c)thetypeofseriouscrimerelatedactivityorseriouscrime derived
property to which the order relates;(d)howtheorderhelpedintheinvestigationoranotherinvestigation;(e)whether a proceeding was started because of
the use ofthe order.(2)The
application must also state the following—(a)the
applicant’s name, and if the applicant is also a policeofficer, the officer’s rank and registered
number;(b)thepersonaboutwhomtheapplicationismade(thenamed person);(c)the name of the financial
institution;(d)theseriouscrimerelatedactivityorseriouscrimederived property to which the application
relates;Page 6Current as at 1
July 2014
Crime
and Corruption Regulation 2005Part 3 Monitoring
orders and suspension orders[s 7](e)the information or evidence being
relied on to support areasonable suspicion that the named
person—(i)has been, or is about to be, involved
in a seriouscrime related activity; or(ii)hasacquireddirectlyorindirectly,orisabouttoacquire directly or indirectly, serious
crime derivedproperty;(f)the
name or names in which each relevant account withthe
financial institution is believed to be held;(g)the
type of information the institution is to be requiredto
give.7Information for suspension order
application(1)Forsection119I(2)(b)(ii)oftheAct,thefollowingistheinformationaboutsuspensionordersissuedwithintheprevious year in relation to an
account held with the financialinstitutionbyanamedpersonthatmustbeincludedinanapplication for a suspension
order—(a)when and where the order was
issued;(b)how long the order was in
force;(c)thetypeofseriouscrimerelatedactivityorseriouscrime derived
property to which the order relates;(d)howtheorderhelpedintheinvestigationoranotherinvestigation;(e)whether a proceeding was started because of
the use ofthe order.(2)The
application must also state the following—(a)the
applicant’s name, and if the applicant is also a policeofficer, the officer’s rank and registered
number;(b)thepersonaboutwhomtheapplicationismade(thenamed person);(c)the name of the financial
institution;Current as at 1 July 2014Page
7
Crime
and Corruption Regulation 2005Part 4 Register of
prescribed information[s 8](d)theseriouscrimerelatedactivityorseriouscrimederived property to which the application
relates;(e)the information or evidence being
relied on to support areasonable suspicion that the named
person—(i)has been, or is about to be, involved
in a seriouscrime related activity; or(ii)hasacquireddirectlyorindirectly,orisabouttoacquire directly or indirectly, serious
crime derivedproperty;(f)the
name or names in which each relevant account withthe
financial institution is believed to be held;(g)the
type of information the institution is to be requiredto
give.Part 4Register of
prescribedinformation8Information prescribedThis part
prescribes the information for section 166(6) of theAct.9Search warrant
applicationFor an application for a search warrant, the
information is asfollows—(a)when
and where the application was made;(b)ifknown,thenameofthepersonsuspectedofbeinginvolved in the
major crime, corruption, or confiscationrelated activity
to which the application relates;(c)the
type of major crime or corruption or the confiscationrelated activity to which the application
relates;Page 8Current as at 1
July 2014
Crime
and Corruption Regulation 2005Part 4 Register
of prescribed information[s 10](d)whether or not the warrant was
issued;(e)if the warrant was issued—(i)whenandwhereitwasissuedandthecourtthatissued it; and(ii)how
long the warrant was in force; and(iii)the
benefits derived from exercising powers underthe warrant,
including, for example—(A)anything seized
under the warrant; and(B)anyproceedingstartedbecauseofasearchunder the
warrant;(f)information about the return,
destruction or disposal ofanything seized under the
warrant.10Surveillance warrant
application(1)For an application for a surveillance
warrant, the informationis as follows—(a)when
and where the application was made;(b)ifknown,thenameofthepersonthechairmanreasonablybelieveshasbeen,is,orislikelytobe,involvedincorruptionbeinginvestigatedbythecommission;(c)a
description of the place mentioned in the application;(d)the type of corruption to which the
application relates;(e)whether or not
the warrant was issued;(f)if the warrant
was issued—(i)whenandwhereitwasissuedandthecourtthatissued it; and(ii)how
long the warrant was in force; and(iii)the
benefits derived from exercising powers underthe warrant,
including, for example—Current as at 1 July 2014Page
9
Crime
and Corruption Regulation 2005Part 4 Register of
prescribed information[s 11](A)any
proceeding started because of the use ofa surveillance
device under the warrant; and(B)abriefdescriptionofhowusingasurveillance device under the warrant
helpedin the investigation of the
corruption;(g)if and when powers were exercised
under the warrant;(h)ifasurveillancedevicewasnotinstalledunderthewarrant, why it was not installed.(2)For an application for an extension of
a surveillance warrant,the information is as follows—(a)ifandwhenpowerswereexercisedunderthewarrantbefore the
application;(b)ifasurveillancedevicewasnotinstalledunderthewarrant before the application, why it was
not installed;(c)whether or not the warrant was
extended;(d)if the warrant was extended—(i)the date to which the warrant was
extended; and(ii)the benefits
derived from exercising powers underthe
warrant.11Covert search warrant
applicationFor an application for a covert search
warrant, the informationis as follows—(a)when
and where the application was made;(b)ifknown,thenameofthepersonsuspectedofbeinginvolvedinthemajorcrimetowhichtheapplicationrelates;(c)a description of the place mentioned
in the application;(d)the type of major crime to which the
application relates;(e)whether or not
the warrant was issued;(f)if the warrant
was issued—Page 10Current as at 1
July 2014
Crime
and Corruption Regulation 2005Part 4 Register
of prescribed information[s 12](i)whenandwhereitwasissuedandthecourtthatissued it; and(ii)how
long the warrant was in force; and(iii)the
benefits derived from exercising powers underthe warrant,
including, for example—(A)anything seized
under the warrant; and(B)anyproceedingstartedbecauseofasearchunder the
warrant;(g)ifthewarrantwasextended,thedatetowhichthewarrant was extended.12Additional powers warrant application(1)Foranapplicationforanadditionalpowerswarrant,theinformation is as follows—(a)when and where the application was
made;(b)if known, the name of the person being
investigated andthe name of any suspected associate of the
person;(c)a description of the place mentioned
in the application;(d)the type of corruption or crime
investigation relating toterrorism to which the application
relates;(e)whether or not the warrant was
issued;(f)if the warrant was issued—(i)whenandwhereitwasissuedandthecourtthatissued it; and(ii)how
long the warrant was in force; and(iii)the
benefits derived from exercising powers underthe warrant,
including, for example—(A)anything copied
or seized under the warrant;and(B)anyproceedingstartedbecauseoftheexercise of power under the
warrant;Current as at 1 July 2014Page
11
Crime
and Corruption Regulation 2005Part 4 Register of
prescribed information[s 13](g)ifthewarrantwasextended,thedatetowhichthewarrant was extended.(2)For
an application for an extension of an additional powerswarrant, the information is as
follows—(a)if the warrant conferred power to make
copies of recordsunder section 165 of the Act and no records
were copiedunder the warrant, why they were not
copied;(b)if the warrant conferred power to
seize documents undersection 165 of the Act and no
documents were seizedunder the warrant, why they were not
seized;(c)ifthewarrantconferredpowertorequireapersontogivetothecommissionoracommissionofficer1ormoreswornaffidavitsorstatutorydeclarationsundersection165oftheActandnoswornaffidavitorstatutorydeclarationwasrequiredunderthewarrant,why they were
not required;(d)whether or not the warrant was
extended;(e)if the warrant was extended, the
benefits derived fromexercising powers under the
warrant.13Disclosure of information under Act, s
145(2)(f)(ii) or (g)For a disclosure of information under
section 145(2)(f)(ii) or(g) of the Act, the information is as
follows—(a)the name of—(i)thecommissionofficerwhodisclosedtheinformation or authorised its disclosure;
and(ii)theofficerordeclaredagencytowhomtheinformation was disclosed;(b)briefparticularsoftheinformationdisclosedandthereason for
disclosing it;(c)when the information was
disclosed.Page 12Current as at 1
July 2014
Part
5Crime and Corruption Regulation 2005Part
5 Miscellaneous[s 14]Miscellaneous14Receipt for seized propertyFor
section 112(2) of the Act, a receipt for a thing seized mustinclude the following—(a)the
date and time the thing was seized;(b)ifthethingwasseizedfromaperson—thename,address and contact telephone number of the
person, ifknown;(c)ifthethingwasseizedfromanoccupiedplace—thename,addressandcontacttelephonenumberoftheoccupier of the place, if
known;(d)thenameandcontacttelephonenumberofthecommissionofficerwhoseizedthething,and,ifthecommission
officer is also a police officer, the officer’srank;(e)where the thing will be taken, if
known;(f)the date the receipt is issued.15Declared agencies(1)Forschedule2oftheAct,definitiondeclaredagency,eachentity mentioned
in schedule 1 is a declared agency.(2)Subsection (1) is subject to any restriction
stated in schedule 1for the entity.16Appointments and units of public
administration subjectto QCAT’s jurisdictionForsection50(4)oftheAct,definitionprescribedperson,paragraph(b),eachappointmentorunitofpublicadministrationmentionedinschedule2isdeclaredtobesubject to QCAT’s jurisdiction.Current as at 1 July 2014Page
13
Crime
and Corruption Regulation 2005Part 5
Miscellaneous[s 17]17Entities prescribed as units of public
administrationForsection20(1)(h)oftheAct,anentitymentionedinschedule 3 is prescribed to be a unit
of public administration.18Entities declared
to be criminal organisationsThefollowingentitiesaredeclaredtobecriminalorganisations—•the
motorcycle club known as the Bandidos•the
motorcycle club known as the Black Uhlans•the
motorcycle club known as the Coffin Cheaters•the
motorcycle club known as the Comancheros•the
motorcycle club known as the Finks•the
motorcycle club known as the Fourth Reich•the
motorcycle club known as the Gladiators•the
motorcycle club known as the Gypsy Jokers•the
motorcycle club known as the Hells Angels•the
motorcycle club known as the Highway 61•the
motorcycle club known as the Iron Horsemen•the
motorcycle club known as the Life and Death•the
motorcycle club known as the Lone Wolf•the
motorcycle club known as the Mobshitters•the
motorcycle club known as the Mongols•the
motorcycle club known as the Muslim BrotherhoodMovement•the motorcycle club known as the
Nomads•the motorcycle club known as the
Notorious•the motorcycle club known as the Odins
Warriors•the motorcycle club known as the
Outcasts•the motorcycle club known as the
OutlawsPage 14Current as at 1
July 2014
Crime
and Corruption Regulation 2005Part 5
Miscellaneous[s 18]•the
motorcycle club known as the Phoenix•the
motorcycle club known as the Rebels•the
motorcycle club known as the Red Devils•the
motorcycle club known as the Renegades•the
motorcycle club known as the ScorpionsCurrent as at 1
July 2014Page 15
Crime
and Corruption Regulation 2005Schedule 1Schedule 1Declared
agenciessection 151apoliceforceorpoliceserviceofanotherStateortheCommonwealth2the
following Commonwealth entities—•the
Australian Crime Commission under theAustralianCrime Commission
Establishment Act 2002(Cwlth)•the
Australian Customs Service•the Australian
Securities and Investments CommissionundertheAustralianSecuritiesandInvestmentsCommission Act
2001(Cwlth)•the
Australian Security Intelligence Organisation undertheAustralianSecurityIntelligenceOrganisationAct1979(Cwlth)•the Australian Taxation Office•the Australian Transaction Reports and
Analysis CentreundertheFinancialTransactionReportsAct1988(Cwlth)•the Commonwealth department in which
theMigrationAct 1958(Cwlth) is administered•the
unit of the Australian Defence Force known as theSpecialAirService,butonlywhenhelpingthecommission reduce the risk of serious injury
to a person,and to the extent disclosure of the
information under theAct is necessary to help reduce the
risk3the following New South Wales
entities—•the Independent Commission Against
Corruption undertheIndependentCommissionAgainstCorruptionAct1988(NSW)•the New South Wales Crime Commission
under theNewSouth Wales Crime Commission Act
1985(NSW)Page 16Current as at 1 July 2014
Crime
and Corruption Regulation 2005Schedule 1•thePoliceIntegrityCommissionunderthePoliceIntegrity
Commission Act 1996(NSW)4the
Queensland Police Service5the Corruption
and Crime Commission under theCorruptionand Crime
Commission Act 2003(WA)6a
Royal Commission or another commission of inquiry, notalready mentioned in this schedule,
established under a law oftheCommonwealthoraStateforinquiringintoallegationsinvolving the
commission of criminal offencesCurrent as at 1
July 2014Page 17
Crime
and Corruption Regulation 2005Schedule 2Schedule 2Appointments and
units ofpublic administration subjectto
QCAT’s jurisdictionsection 161theappointmentoftheperson,whoseemployeenumberassigned by the Department of Communities is
5069734, as ayouthworker,ClevelandDetentionCentre,DepartmentofCommunities, TownsvillePage 18Current as at 1 July 2014
Schedule 3Crime and
Corruption Regulation 2005Schedule 3Entities
prescribed as units ofpublic administrationsection 171GoldCoastWaterwaysAuthorityundertheGoldCoastWaterways Authority Act 2012Current as at 1 July 2014Page
19
Crime
and Corruption Regulation 2005EndnotesEndnotes1Index to endnotesPage2Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .203Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .204List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .215List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .222KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in
comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised version=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2012=subordinate legislation=substituted=unnumbered3Table of reprintsA new reprint of
the legislation is prepared by the Office of the Queensland
ParliamentaryCounsel each time a change to the legislation
takes effect.The notes column for this reprint gives
details of any discretionary editorial powers undertheReprints Act 1992used by the
Office of the Queensland Parliamentary Counsel inpreparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatoryPage 20Current as at 1 July 2014
Crime
and Corruption Regulation 2005Endnotesrequirementsthatallamendmentsbeincludedandallnecessaryconsequentialamendments be
incorporated, whether of punctuation, numbering or another kind.
Furtherdetails of the use of any discretionary
editorial power noted in the table can be obtained bycontacting the Office of the Queensland
Parliamentary Counsel by telephone on 30039601 or email
legislation.queries@oqpc.qld.gov.au.From29January2013,allQueenslandreprintsaredatedandauthorisedbytheParliamentary Counsel. The previous
numbering system and distinctions between printedand
electronic reprints is not continued with the relevant details for
historical reprintsincluded in this table.ReprintNo.11A1B1C1D22A2BAmendments includednone2006
SL No. 1452008 SL No. 852009 SL No.
92009 SL No. 265—2012
SL No. 2322012 SL No. 217Effective10
June 200530 June 200628 March
20086 February 20091 December
20091 December 200914 December
20121 January 2013NotesR1D
withdrawn, see R2Current as at17 October
20131 July 2014Amendments
included2013 Act No. 452014 Act No.
21Notes4List
of legislationRegulatory impact statementsFor
subordinate legislation that has a regulatory impact statement,
specific reference to the statementis included in
this list.Explanatory notesAll subordinate
legislation made on or after 1 January 2011 has an explanatory
note. For subordinatelegislation made before 1 January 2011
that has an explanatory note, specific reference to the note
isincluded in this list.Crime and
Corruption Regulation 2005 SL No. 108 (prev Crime and
MisconductRegulation 2005)made by the
Governor in Council on 9 June 2005notfd gaz 10 June
2005 pp 502–3commenced on date of notificationexp 1
September 2015 (see SIA s 54)Note—The expiry
date may have changed since this reprint was published. See
thelatest reprint of the SIR for any
change.amending legislation—Current as at 1
July 2014Page 21
Crime
and Corruption Regulation 2005EndnotesPolice Powers and Responsibilities and Other
Legislation Amendment Regulation(No. 1) 2006 SL
No. 145 ss 1–2(1), pt 2notfd gaz 23 June 2006 pp
898–902ss 1–2 commenced on date of
notificationremaining provisions commenced 30 June 2006
(see s 2(1))Crime and Misconduct Amendment Regulation
(No. 1) 2008 SL No. 85notfd gaz 28 March 2008 pp
1721–4commenced on date of notificationCrime
and Misconduct Amendment Regulation (No. 1) 2009 SL No. 9notfd
gaz 6 February 2009 pp 579–80commenced on date
of notificationQueensland Civil and Administrative Tribunal
(Jurisdiction Provisions) AmendmentRegulation (No.
1) 2009 SL No. 265 pts 1, 11notfd gaz 20
November 2009 pp 900–3ss 1–2 commenced on date of
notificationremaining provisions commenced 1 December
2009 (see s 2)Transport and Other Legislation Amendment
Regulation (No. 2) 2012 SL No. 217 pts1–2notfd
gaz 30 November 2012 pp 444–6ss 1–2 commenced
on date of notificationremaining provisions commenced 1
January 2013 (see s 2)Gold Coast Waterways Authority
Regulation 2012 SL No. 232 pts 1, 4notfd gaz 14
December 2012 pp 548–52commenced on date of
notification3Criminal Law (Criminal Organisations
Disruption) Amendment Act 2013 No. 45 pt1, s 71 sch
2date of assent 17 October 2013commenced on date of assentCrime
and Misconduct and Other Legislation Amendment Act 2014 No. 21 ss
1, 2(2),94(2) sch 2date of assent 21
May 2014ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2014
(2014 SL No. 107)5List of annotationsShort
titles 1amd 2014 Act No. 21 s 94(2) sch
2Information for search warrant
applications 2amd 2014 Act No. 21 s 94(2) sch
2Information for surveillance warrant
applications 3amd 2006 SL No. 145 s 4; 2014 Act No.
21 s 94(2) sch 2Page 22Current as at 1
July 2014