Federal Register of Legislation - Australian Government

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SLI 2006 No. 219 Regulations as made
These Regulations extend the Commonwealth's consent to the conferral of duties, functions and powers under prescribed laws of Western Australia.
Administered by: DOTARS
Registered 25 Aug 2006
Tabling HistoryDate
Tabled HR04-Sep-2006
Tabled Senate04-Sep-2006
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Australian Crime Commission Amendment Regulations 2006 (No. 3)1

Select Legislative Instrument 2006 No. 219

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 24 August 2006

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 2006 (No. 3).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Australian Crime Commission Regulations 2002

                Schedule 1 amends the Australian Crime Commission Regulations 2002.


Schedule 1        Amendments

(regulation 3)

  

[1]           Schedule 3, after Part 2

insert

Part 4          Laws of Western Australia

 

Item

Law

Provision

Duty, function or power

Person or body

401

Surveillance Devices Act 1998

subsection 3 (1)

Power to authorise a person

Chair of the Board of the ACC

402

Surveillance Devices Act 1998

subsection 13 (9)

Power to take action in accordance with a warrant

Member of the staff of the ACC

403

Surveillance Devices Act 1998

paragraph 15 (1) (c)

Power to apply for a warrant

Member of the staff of the ACC

404

Surveillance Devices Act 1998

subsection 15 (2)

Power to apply for a warrant on behalf of another law enforcement officer

Member of the staff of the ACC

405

Surveillance Devices Act 1998

paragraph 15 (3) (c)

Power to authorise action

Chair of the Board of the ACC

406

Surveillance Devices Act 1998

paragraphs 15 (3) (c), (e), (f) and (g)

Duty to comply with requirements for making an application for a warrant

Member of the staff of the ACC

407

Surveillance Devices Act 1998

paragraph 15 (3) (d)

Duty to specify name of other law enforcement officer in an application for a warrant under subsection 15 (2)

Member of the staff of the ACC

408

Surveillance Devices Act 1998

paragraphs 15 (3) (h), (i) and (j)

Power to make requests in an application for a warrant

Member of the staff of the ACC

409

Surveillance Devices Act 1998

subsection 16 (1)

Power to apply to a court for a warrant by any means of communication

Member of the staff of the ACC

410

Surveillance Devices Act 1998

subsection 16 (3)

Duty to comply with requirements in section 15 for making an application for a warrant under subsection 16 (1)

Member of the staff of the ACC

411

Surveillance Devices Act 1998

subsection 16 (4)

Power to cause an application for a warrant to be transmitted

Member of the staff of the ACC

412

Surveillance Devices Act 1998

paragraph 17 (2) (c)

Duty to complete a form of warrant

Member of the staff of the ACC

413

Surveillance Devices Act 1998

subsection 17 (3)

Duty to forward the form of warrant, prepared information and sworn affidavit to the court

Member of the staff of the ACC

414

Surveillance Devices Act 1998

subsection 17 (5)

Power to act in accordance with a form of warrant

Member of the staff of the ACC

415

Surveillance Devices Act 1998

subsection 19 (1)

Power to apply to a court for an extension of the period that a warrant is to be in force

Member of the staff of the ACC

416

Surveillance Devices Act 1998

subsection 19 (2)

Duty to comply with requirements for making an application for an extension

Member of the staff of the ACC

417

Surveillance Devices Act 1998

paragraph 20 (a)

Power to install, use or maintain, or cause to be installed, used or maintained, a listening device in accordance with an emergency authorisation

Member of the staff of the ACC

418

Surveillance Devices Act 1998

paragraph 20 (b)

Power to install, use or maintain, or cause to be installed, used or maintained, an optical surveillance device in accordance with an emergency authorisation

Member of the staff of the ACC

419

Surveillance Devices Act 1998

paragraph 20 (c)

Power to attach, install, use or maintain, or cause to be attached, installed, used or maintained, a tracking device in accordance with an emergency authorisation

Member of the staff of the ACC

420

Surveillance Devices Act 1998

paragraph 20 (d)

Power to retrieve, or cause to be retrieved, a surveillance device in accordance with an emergency authorisation

Member of the staff of the ACC

421

Surveillance Devices Act 1998

paragraphs 20 (e), (f) and (g)

Power to enter premises, for a purpose mentioned in paragraphs 20 (a) to (d), in accordance with an emergency authorisation

Member of the staff of the ACC

422

Surveillance Devices Act 1998

paragraph 20 (h)

Power to connect a surveillance device to an electricity supply system and use electricity from that system to operate the device in accordance with an emergency authorisation

Member of the staff of the ACC

423

Surveillance Devices Act 1998

paragraph 20 (i)

Power to temporarily remove a vehicle from and return the vehicle to premises for the purpose of the attachment, installation, maintenance or retrieval of a tracking device in accordance with an emergency authorisation

Member of the staff of the ACC

424

Surveillance Devices Act 1998

subsection 21 (1)

Power to apply for an emergency authorisation

Member of the staff of the ACC

425

Surveillance Devices Act 1998

subsection 21 (2)

Power to apply for an emergency authorisation for the retrieval of a listening device, an optical surveillance device or a tracking device

Member of the staff of the ACC

426

Surveillance Devices Act 1998

subsection 21 (3)

Power to apply to an authorised person for an emergency authorisation by any means of communication

Member of the staff of the ACC

427

Surveillance Devices Act 1998

subsection 21 (4)

Duty to deliver a written report to a Judge in relation to use of a surveillance device

Member of the staff of the ACC

428

Surveillance Devices Act 1998

subsection 21 (5)

Duty to deliver a written report to a Judge in relation to retrieval of a surveillance device

Member of the staff of the ACC

429

Surveillance Devices Act 1998

subsection 21 (6)

Power to take action in accordance with an emergency authorisation

Member of the staff of the ACC

430

Surveillance Devices Act 1998

subsection 22 (2)

Power to retrieve a surveillance device in accordance with a surveillance device (retrieval) warrant

Member of the staff of the ACC

431

Surveillance Devices Act 1998

subsection 22 (3)

Power to take action in accordance with a surveillance device (retrieval) warrant

Member of the staff of the ACC

432

Surveillance Devices Act 1998

subsection 22 (3)

Power to apply in accordance with subsection 15 (1) for a surveillance device (retrieval) warrant

Member of the staff of the ACC

433

Surveillance Devices Act 1998

subsection 22 (3)

Duty to comply with requirement in paragraph 15 (3) (c) for making an application for a surveillance device (retrieval) warrant

Member of the staff of the ACC

434

Surveillance Devices Act 1998

subsection 32 (3)

Duty to make an application for an order under section 31 ex parte

Member of the staff of the ACC

435

Surveillance Devices Act 1998

subsection 40 (3)

Power to seize an item to give effect to a court order and power to enter premises for that purpose

Member of the staff of the ACC

436

Surveillance Devices Act 1998

subsection 43 (3)

Duty to give a report to the Minister

Chair of the Board of the ACC

437

Witness Protection (Western Australia) Act 1996

subsection 6 (1)

Power to make arrangements with the Commissioner of Police

Chair of the Board of the ACC

438

Witness Protection (Western Australia) Act 1996

subsection 8 (1)

Power to request that a person be included in the State Witness Protection Program

Chair of the Board of the ACC

439

Witness Protection (Western Australia) Act 1996

paragraph 20 (2) (a)

Power to apply to the Supreme Court for a new identity order

Chair of the Board of the ACC

440

Witness Protection (Western Australia) Act 1996

paragraph 20 (2) (b)

Power to apply to the Supreme Court for an order in respect of a person who has ceased to be included in a witness protection program

Chair of the Board of the ACC

441

Witness Protection (Western Australia) Act 1996

paragraph 33 (1) (b)

Power to give a person permission not to disclose former identity

Chair of the Board of the ACC

[2]           Schedule 3, after Part 6

insert

Part 7          Laws of the Australian Capital Territory

 

Item

Law

Provision

Duty, function or power

Person or body

701

Spent Convictions Act 2000

subsection 17 (3)

Power to make information about a spent conviction available to another law enforcement agency or to a court

CEO, or member of the staff of the ACC

702

Witness Protection Act 1996

section 23

Duty and power in relation to disclosure of information

CEO, or member of the staff of the ACC

703

Witness Protection Act 1996

section 25

Power to make arrangements with the Chief Police Officer

CEO

Part 8          Laws of the Northern Territory

 

Item

Law

Provision

Duty, function or power

Person or body

801

Surveillance Devices Act

subparagraph 6 (b) (iii)

Power to attach, install, use, maintain or retrieve a listening device or an optical surveillance device in a public place

Member of the staff of the ACC

802

Surveillance Devices Act

subparagraph 6 (c) (ii)

Power to attach, install, use, maintain or retrieve a tracking device in, on, to or from a vehicle or object that is situated in a public place

Member of the staff of the ACC

803

Surveillance Devices Act

subparagraph 6 (c) (iii)

Power to use a tracking device that was attached or installed in, on or to a vehicle or object when the vehicle or object was situated in a public place

Member of the staff of the ACC

804

Surveillance Devices Act

subsection 8 (1)

Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a data surveillance device

Member of the staff of the ACC

805

Surveillance Devices Act

subsection 8 (2)

Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a listening device

Member of the staff of the ACC

806

Surveillance Devices Act

subsection 8 (3)

Duty to apply for and be issued a warrant or an urgent authorisation to install, use, maintain or retrieve an optical surveillance device

Member of the staff of the ACC

807

Surveillance Devices Act

subsection 8 (4)

Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a tracking device

Member of the staff of the ACC

808

Surveillance Devices Act

subsection 9 (1)

Power to apply for a warrant

Member of the staff of the ACC

809

Surveillance Devices Act

subsection 9 (2)

Power to apply for a warrant in person or by any means of communication

Member of the staff of the ACC

810

Surveillance Devices Act

paragraph 9 (3) (a)

Duty to make an application for a warrant for a tracking device to a magistrate or a Judge

Member of the staff of the ACC

811

Surveillance Devices Act

paragraph 9 (3) (b)

Duty to make an application for a warrant for a surveillance device (other than a tracking device) to a Judge

Member of the staff of the ACC

812

Surveillance Devices Act

subsection 9 (4)

Power to apply to a Judge for a warrant that authorises the use of more than one kind of surveillance device

Member of the staff of the ACC

813

Surveillance Devices Act

paragraph 9 (5) (a)

Power to make an application for a warrant for or on behalf of another law enforcement officer

Member of the staff of the ACC

814

Surveillance Devices Act

paragraphs 9 (5) (b), (c) and (d)

Duty to comply with requirements for making an application for a warrant

Member of the staff of the ACC

815

Surveillance Devices Act

paragraph 9 (5) (e)

Power to make an application to attach, install, use maintain or retrieve a surveillance device in relation to a specified person, premises vehicle or object or a person whose identity is not known

Member of the staff of the ACC

816

Surveillance Devices Act

subsection 10 (1)

Duty to comply with requirements in section 10 for making an application for a warrant by telephone, radio, facsimile transmission or another means of communication

Member of the staff of the ACC

817

Surveillance Devices Act

subsection 10 (2)

Duty to prepare an affidavit

Member of the staff of the ACC

818

Surveillance Devices Act

subsection 10 (3)

Power to make an application for a warrant before the affidavit is sworn

Member of the staff of the ACC

819

Surveillance Devices Act

paragraph 16 (2) (a)

Duty to complete, in duplicate, a form of warrant

Member of the staff of the ACC

820

Surveillance Devices Act

paragraph 16 (2) (b)

Duty to write certain information on the form of warrant

Member of the staff of the ACC

821

Surveillance Devices Act

subsection 18 (1)

Duty to send prepared affidavit and completed form of warrant to Judge or magistrate

Member of the staff of the ACC

822

Surveillance Devices Act

subsection 19 (1)

Power to apply to a Judge or magistrate to amend the terms of a warrant

Member of the staff of the ACC

823

Surveillance Devices Act

subsection 19 (2)

Power to make an application under subsection 19 (1) in accordance with subsection 9 (2)

Member of the staff of the ACC

824

Surveillance Devices Act

subsection 19 (2)

Duty to make an application under subsection 19 (1) to a Judge or magistrate in accordance with subsection 9 (3)

Member of the staff of the ACC

825

Surveillance Devices Act

subsection 19 (2)

Power to make an application under subsection 19 (2) in accordance with subsection 9 (4)

Member of the staff of the ACC

826

Surveillance Devices Act

subsection 19 (2)

Power to make an application under subsection 19 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a)

Member of the staff of the ACC

827

Surveillance Devices Act

subsection 19 (2)

Duty to comply with requirements in paragraphs 9 (5) (b), (c)
and (d) for making an application under subsection 19 (1)

Member of the staff of the ACC

828

Surveillance Devices Act

subsection 19 (2)

Duty to comply with requirements in section 10 for making an application under subsection 19 (1) by telephone, radio, facsimile transmission or another means of communication

Member of the staff of the ACC

829

Surveillance Devices Act

subsection 19 (2)

Duty to prepare an affidavit under subsection 10 (2)

Member of the staff of the ACC

830

Surveillance Devices Act

subsection 19 (2)

Power, under subsection 10 (3), to make an application before the affidavit is sworn

Member of the staff of the ACC

831

Surveillance Devices Act

subsections 20 (1) and (2)

Power to apply to a Judge or magistrate for an extension of the period for which a warrant is in force

Member of the staff of the ACC

832

Surveillance Devices Act

subsection 20 (3)

Power to make an application under subsection 20 (1) in accordance with subsection 9 (2)

Member of the staff of the ACC

833

Surveillance Devices Act

subsection 20 (3)

Duty to make an application under subsection 20 (1) to a Judge or magistrate in accordance with subsection 9 (3)

Member of the staff of the ACC

834

Surveillance Devices Act

subsection 20 (3)

Power to make an application under subsection 20 (1) in accordance with subsection 9 (4)

Member of the staff of the ACC

835

Surveillance Devices Act

subsection 20 (3)

Power to make an application under subsection 20 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a)

Member of the staff of the ACC

836

Surveillance Devices Act

subsection 20 (3)

Duty to comply with requirements in paragraphs 9 (5) (b), (c) and (d) for making an application under subsection 20 (1)

Member of the staff of the ACC

837

Surveillance Devices Act

subsection 20 (3)

Duty to comply with requirements in section 10 for making an application under subsection 20 (1) by telephone, radio, facsimile transmission or another means of communication

Member of the staff of the ACC

838

Surveillance Devices Act

subsection 20 (3)

Duty to prepare an affidavit under subsection 10 (2)

Member of the staff of the ACC

839

Surveillance Devices Act

subsection 20 (3)

Power, under subsection 10 (3), to make an application before the affidavit is sworn

Member of the staff of the ACC

840

Surveillance Devices Act

section 22

Power to apply to an authorised person for an urgent authorisation to attach, install, use, maintain or retrieve a surveillance device

Member of the staff of the ACC

841

Surveillance Devices Act

subsection 23 (1)

Power to apply for an urgent authorisation orally (in person or by any means of communication) or in writing

Member of the staff of the ACC

842

Surveillance Devices Act

paragraph 23 (3) (a)

Power to make an application for an urgent authorisation for or on behalf of another law enforcement officer

Member of the staff of the ACC

843

Surveillance Devices Act

paragraphs 23 (3) (b) and (c)

Duty to comply with requirements for making an application for an urgent authorisation

Member of the staff of the ACC

844

Surveillance Devices Act

paragraph 23 (3) (d)

Power to make an application for an urgent authorisation in relation to a specified person, premises, vehicle or object or a person whose identity is not known

Member of the staff of the ACC

845

Surveillance Devices Act

subsection 23 (4)

Power to require further information in relation to an application for an urgent authorisation

CEO

846

Surveillance Devices Act

section 24

Duty to have regard to certain matters in considering an application for an urgent authorisation

CEO

847

Surveillance Devices Act

subsections 25 (1) and (2)

Power to issue an urgent authorisation if satisfied of certain matters

CEO

848

Surveillance Devices Act

subsection 25 (3)

Power to issue one urgent authorisation in relation to more than one surveillance device or a surveillance device that has more than one kind of function

CEO

849

Surveillance Devices Act

subsection 26 (1)

Power to issue an urgent authorisation subject to conditions and restrictions

CEO

850

Surveillance Devices Act

section 27

Duty to keep a written record of certain matters in relation to the issue of an urgent authorisation

CEO

851

Surveillance Devices Act

section 28

Duty to specify certain information in an urgent authorisation

CEO

852

Surveillance Devices Act

subsection 29 (1)

Duty to apply for a warrant if issued an urgent authorisation

Member of the staff of the ACC

853

Surveillance Devices Act

subsection 29 (2)

Power to make an application under subsection 29 (1) in accordance with subsection 9 (2)

Member of the staff of the ACC

854

Surveillance Devices Act

subsection 29 (2)

Duty to make an application under subsection 29 (1) to a Judge or magistrate in accordance with subsection 9 (3)

Member of the staff of the ACC

855

Surveillance Devices Act

subsection 29 (2)

Power to make an application under subsection 29 (1) in accordance with subsection 9 (4)

Member of the staff of the ACC

856

Surveillance Devices Act

subsection 29 (2)

Power to make an application under subsection 29 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a)

Member of the staff of the ACC

857

Surveillance Devices Act

subsection 29 (2)

Duty to comply with requirements in paragraphs 9 (5) (b), (c) and (d) for making an application under subsection 29 (1)

Member of the staff of the ACC

858

Surveillance Devices Act

subsection 29 (2)

Duty to comply with requirements in section 10 for making an application under subsection 29 (1) by telephone, radio, facsimile transmission or another means of communication

Member of the staff of the ACC

859

Surveillance Devices Act

subsection 29 (2)

Duty to prepare an affidavit under subsection 10 (2)

Member of the staff of the ACC

860

Surveillance Devices Act

subsection 29 (2)

Power, under subsection 10 (3), to make an application before the affidavit is sworn

Member of the staff of the ACC

861

Surveillance Devices Act

subsection 29 (4)

Duty to provide Judge or magistrate with a written report in respect of an urgent authorisation

Member of the staff of the ACC

862

Surveillance Devices Act

paragraph 31 (a)

Duty to comply with an order

Member of the staff of the ACC

863

Surveillance Devices Act

paragraph 33 (1) (b)

Power to act in accordance with a warrant or urgent authorisation

Member of the staff of the ACC

864

Surveillance Devices Act

subsection 33 (2)

Power to use a connection device for the purpose of attaching, installing, using, maintaining or retrieving a surveillance device

Member of the staff of the ACC

865

Surveillance Devices Act

subsection 34 (1)

Power to apply to withdraw a warrant or urgent authorisation

Member of the staff of the ACC

866

Surveillance Devices Act

subsection 34 (2)

Duty to withdraw a warrant or urgent authorisation

CEO

867

Surveillance Devices Act

paragraph 36 (a)

Duty to keep records and reports in a secure place

CEO

868

Surveillance Devices Act

paragraph 36 (b)

Power to destroy a record or report if satisfied of certain matters

CEO

869

Surveillance Devices Act

subsection 48 (4)

Power to seize a forfeited surveillance or connection device and to enter and remain on premises to do so

Member of the staff of the ACC

870

Witness Protection (Northern Territory) Act

subsection 8 (1)

Power to request that a witness or family member be included in the Territory Witness Protection Program

CEO

871

Witness Protection (Northern Territory) Act

subsection 14 (2)

Power to apply to the Supreme Court for an order authorising the Registrar to make a new entry in the Register

CEO

872

Witness Protection (Northern Territory) Act

subsection 14 (3)

Duty to comply with requirements for making an application under subsection 14 (2)

CEO

873

Witness Protection (Northern Territory) Act

section 18

Power to give a certificate to the Registrar

CEO

874

Witness Protection (Northern Territory) Act

subsection 26 (1)

Power to apply to the Supreme Court for an order to restore the former identity of a person

CEO

875

Witness Protection (Northern Territory) Act

subsection 26 (2)

Duty to comply with requirements under subsection 25 (2) for making an application to restore the former identity of a person

CEO

876

Witness Protection (Northern Territory) Act

section 30

Power to make arrangements with the Commissioner of Police

CEO

877

Witness Protection (Northern Territory) Act

subsection 33 (2)

Power to disclose the former identity of a person

CEO, or a member of the staff of the ACC

878

Witness Protection (Northern Territory) Act

paragraph 34 (2) (a)

Power to authorise a disclosure or communication of information

CEO

[3]           Schedule 4, after Part 2

insert

Part 4          Laws of Western Australia

 

Item

Law

Provision

Duty, function or power

401

First Home Owner Grant Regulations 2000

subregulation 11 (1)

Power to receive confidential information

402

Surveillance Devices Act 1998

paragraph 41 (1) (a)

Duty to keep a record or report obtained by use of a surveillance device under a warrant or an emergency authorisation in a secure place

403

Surveillance Devices Act 1998

paragraph 41 (1) (b)

Duty to destroy a record or report obtained by use of a surveillance device under a warrant or an emergency authorisation

404

Surveillance Devices Act 1998

subsection 41 (2)

Duty to consult before destroying certain records or reports

405

Surveillance Devices Act 1998

subsection 41 (3)

Duty to keep records concerning records and reports obtained by use of a surveillance device under a warrant or an emergency authorisation

406

Surveillance Devices Regulations 1999

paragraph 7 (1) (a)

Duty to keep Part 5 records in a secure place

407

Surveillance Devices Regulations 1999

paragraph 7 (1) (b)

Duty to destroy Part 5 records

408

Surveillance Devices Regulations 1999

subregulation 7 (2)

Duty to keep records concerning Part 5 records

Part 7          Laws of the Australian Capital Territory

 

Item

Law

Provision

Duty, function or power

701

Gambling and Racing Control Act 1999

paragraph 37 (d)

Power to authorise a person to receive information

702

Spent Convictions Act 2000

subsection 17 (3)

Power to make information about a spent conviction available to another law enforcement agency or to a court

703

Taxation Administration Act 1999

paragraph 97 (d)

Power to authorise a person to receive information

[4]           Schedule 5, after Part 2

insert

Part 4          Laws of Western Australia

 

Item

Law

Provision

Duty, function or power

Federal Court Judge or Federal Magistrate

401

Australian Crime Commission (Western Australia) Regulations 2005

subregulation 3 (4)

Power to give a direction in relation to service of a summons

Judge of the Federal Court

[5]           Further amendments — references to a senior officer

                The following provisions are amended by omitting ‘who is a senior officer’:

                  ·    Schedule 3, Part 2, item 2080, column 5

                  ·    Schedule 3, Part 2, item 2096, column 5

                  ·    Schedule 3, Part 2, item 2106, column 5

                  ·    Schedule 3, Part 2, item 2109, column 5

                  ·    Schedule 3, Part 2, item 2111, column 5

                  ·    Schedule 3, Part 2, item 2112, column 5

                  ·    Schedule 3, Part 2, item 2121, column 5.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.