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SR 2003 No. 252 Regulations as made
These Regulations amend the Australian Crime Commission Regulations 2002.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR13-Oct-2003
Tabled Senate13-Oct-2003
Gazetted 10 Oct 2003
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Australian Crime Commission Amendment Regulations 2003 (No. 3)1

Statutory Rules 2003 No. 2522

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Crime Commission Act 2002.

Dated 9 October 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON


1              Name of Regulations

                These Regulations are the Australian Crime Commission Amendment Regulations 2003 (No. 3).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Australian Crime Commission Regulations 2002

                Schedule 1 amends the Australian Crime Commission Regulations 2002.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 8A

after the heading, insert

         (1)   For subparagraphs 55A (2) (b) (ii) and (d) (ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 4 may be conferred on the ACC.

[2]           Regulation 8A

omit

For subparagraphs

insert

         (2)   For subparagraphs

[3]           Regulation 8A

after

each

insert

kind of

[4]           Schedule 3, heading, including the note

substitute

Schedule 3        Duties, functions and powers conferred on certain persons and bodies by State laws

(subregulation 8A (2))

[5]           Schedule 3, before Part 2

insert

Part 1          Laws of New South Wales

 

Item

Law

Provision

Duty, function or power

Person or body

101

Births, Deaths and Marriages Registration Regulation 2001

clause 13

Power to apply for an old birth certificate

Member of the staff of the ACC

102

Crimes (Detention After Arrest) Regulation 1998

clause 12

Power to act as custody manager

Member of the staff of the ACC

103

Law Enforcement and National Security (Assumed Identities) Act 1998

section 4

Power to grant, vary or revoke an assumed identity approval

CEO

104

Law Enforcement and National Security (Assumed Identities) Act 1998

section 5

Power to acquire and use an assumed identity

Member of the staff of the ACC

105

Law Enforcement and National Security (Assumed Identities) Act 1998

section 6

Power to request a body to do certain things

CEO

106

Law Enforcement and National Security (Assumed Identities) Act 1998

subsection 7 (1)

Power to apply for an order to make an entry in a register of births or marriages

CEO

107

Law Enforcement and National Security (Assumed Identities) Act 1998

subsection 7 (3)

Duty to provide evidence

CEO

108

Law Enforcement and National Security (Assumed Identities) Act 1998

subsection 7 (5)

Duty to maintain records

CEO

109

Law Enforcement and National Security (Assumed Identities) Act 1998

section 10

Duty to ensure that a record is kept of assumed identity approvals granted, varied or revoked

CEO

110

Law Enforcement and National Security (Assumed Identities) Act 1998

section 11

Duty to appoint a person to audit record of assumed identity approvals

CEO

111

Law Enforcement and National Security (Assumed Identities) Act 1998

section 16

Power to delegate functions

CEO

112

Law Enforcement (Controlled Operations) Act 1997

subsection 5 (1)

Power to apply for authority to conduct a controlled operation

Member of the staff of the ACC

113

Law Enforcement (Controlled Operations) Act 1997

subsection 5 (2A)

Duty to provide certain particulars

Member of the staff of the ACC

114

Law Enforcement (Controlled Operations) Act 1997

subsection 5 (3)

Power to require additional information

CEO

115

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (1)

Power to authorise or refuse to authorise a controlled operation

CEO

116

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (2)

Duty not to grant authority unless code of conduct is prescribed by the regulations

CEO

117

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (3)

Duty to be satisfied of certain matters

CEO

118

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (4)

Duty to have regard to certain matters

CEO

119

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (5)

Duty to keep a written record

CEO

120

Law Enforcement (Controlled Operations) Act 1997

subsection 8 (2)

Duty to include certain details in an authority

CEO

121

Law Enforcement (Controlled Operations) Act 1997

subsection 8 (5)

Duty to ensure that written notes are kept of certain matters

CEO

122

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (1)

Power to apply for a variation of an authority

Member of the staff of the ACC

123

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (2)

Power to require additional information

CEO

124

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (3)

Power to vary an authority or refuse an application for a variation

CEO

125

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (4)

Duty to be satisfied of certain matters

CEO

126

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (6)

Duty to use form of authority

CEO

127

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (8)

Duty to ensure that written notes are kept of certain matters

CEO

128

Law Enforcement (Controlled Operations) Act 1997

section 12

Power to cancel an authority

CEO

129

Law Enforcement (Controlled Operations) Act 1997

section 13

Power to engage in certain controlled activities

Member of the staff of the ACC

130

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (1)

Power to apply for retrospective authority

Member of the staff of the ACC

131

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (2)

Power to permit the manner of application for retrospective authority

CEO

132

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (3)

Power to require information

CEO

133

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (4)

Power to grant or refuse application for retrospective authority

CEO

134

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (5)

Duty to be satisfied of certain matters

CEO

135

Law Enforcement (Controlled Operations) Act 1997

section 15

Duty to report

Member of the staff of the ACC

136

Law Enforcement (Controlled Operations) Act 1997

section 17

Power to issue a certificate certifying certain matters

CEO

137

Law Enforcement (Controlled Operations) Act 1997

section 21

Duty to give a notice to the Ombudsman

CEO

138

Law Enforcement (Controlled Operations) Act 1997

section 29

Power to delegate

CEO

139

Law Enforcement (Controlled Operations) Regulation 1998

clause 5

Power to make an urgent application, and duty to ensure that written notes are kept of certain information

Member of the staff of the ACC

140

Law Enforcement (Controlled Operations) Regulation 1998

clause 5A

Duty to use form for grant of authority

CEO

141

Law Enforcement (Controlled Operations) Regulation 1998

clause 6

Power to make an urgent application, and duty to ensure that written notes are kept of certain information

Member of the staff of the ACC

142

Law Enforcement (Controlled Operations) Regulation 1998

clause 6A

Duty to use form for grant of variation of authority

CEO

143

Law Enforcement (Controlled Operations) Regulation 1998

clause 7

Power to require certain matters to be included in report

CEO

144

Law Enforcement (Controlled Operations) Regulation 1998

clause 7

Duty to include certain matters in report

Member of the staff of the ACC

145

Law Enforcement (Controlled Operations) Regulation 1998

clause 9

Duty to give notice to the Ombudsman including certain details

CEO

146

Law Enforcement (Controlled Operations) Regulation 1998

clause 10

Duty to give notice to the Ombudsman including certain details

CEO

147

Law Enforcement (Controlled Operations) Regulation 1998

clause 12

Duty to give notice to the Ombudsman including certain details

CEO

148

Law Enforcement (Controlled Operations) Regulation 1998

Schedule 1, as applied by clause 8

Duty to act in good faith, disclose certain matters, refrain from certain conduct, and brief participants

Member of the staff of the ACC

149

New South Wales Crime Commission Act 1985

paragraph 24 (1) (c)

Duty to serve on Management Committee

Chair of the Board

150

New South Wales Crime Commission Act 1985

subsection 24 (3)

Power to appoint a person to attend a meeting of the Management Committee

Chair of the Board

151

New South Wales Crime Commission Act 1985

subsection 24 (5)

Functions of a member of the Management Committee

Chair of the Board

152

New South Wales Crime Commission Act 1985

subsection 25 (1)

Functions of the Management Committee

Chair of the Board

153

New South Wales Crime Commission Act 1985

subsection 25 (2)

Duty to be satisfied of certain matters

Chair of the Board

154

New South Wales Crime Commission Act 1985

subsection 25 (3)

Power to impose limitations

Chair of the Board

155

New South Wales Crime Commission Act 1985

subsection 25 (6)

Duty to give high priority to certain matters

Chair of the Board

156

New South Wales Crime Commission Act 1985

section 27

Power to give directions and furnish guidelines

Chair of the Board

157

New South Wales Crime Commission Act 1985

subsection 27A (1)

Power to make arrangements

Chair of the Board

158

New South Wales Crime Commission Act 1985

subsection 27A (3)

Power to give directions and furnish guidelines

Chair of the Board

159

Witness Protection Act 1995

section 15

Power to apply to have a new entry made in a register and a document issued, and duty to provide evidence

CEO

[6]           After Schedule 3

insert

Schedule 4        Duties, functions and powers conferred on the ACC by State laws

(subregulation 8A (1))

 

Item

Law

Provision

Duty, function or power

101

Law Enforcement and National Security (Assumed Identities) Act 1998

section 12

Duty to include a statement in the annual report


Notes

1.       These Regulations amend Statutory Rules 1984 No. 132, as amended by 1985 No. 3; 1986 No. 29; 1989 No. 138; 1990 Nos. 38 and 270; 1992 Nos. 9 and 280; 1996 No. 286; 2001 No. 294; 2002 No. 325; 2003 Nos. 164 and 236.

2.       Notified in the Commonwealth of Australia Gazette on 10 October 2003.