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SLI 2007 No. 289 Regulations as made
These Regulations amend the Australian Crime Commission Regulations 2002 to include the Commonwealth's consent to the conferral of duties, functions and powers under Queensland and South Australian law.
Administered by: Attorney-General's
Registered 28 Sep 2007
Tabling HistoryDate
Tabled HR12-Feb-2008
Tabled Senate12-Feb-2008
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Australian Crime Commission Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 289

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 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

DAVID ALBERT LLOYD JOHNSTON


1              Name of Regulations

                These Regulations are the Australian Crime Commission Amendment Regulations 2007 (No. 1).

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 1, Form 1, Schedule 2, paragraph 2

omit

serious and organised crime

insert

relevant crime

[2]           Schedule 3, Part 1, item 119

omit

[3]           Schedule 3, Part 1, item 130, column 5

substitute

CEO

[4]           Schedule 3, after Part 2

insert

Part 3          Laws of Queensland

 

Item

Law

Provision

Duty, function or power

Person or body

301

Crime and Misconduct Act 2001

paragraph 278 (1) (e) and subsection 278 (1A)

Function of being a member of the reference committee

CEO

302

Crime and Misconduct Act 2001

subsection 279 (4)

Power to appoint person as deputy for the CEO for a reference committee meeting

CEO

[5]           Schedule 3, after Part 4

insert

Part 5          Laws of South Australia

 

Item

Law

Provision

Duty, function or power

Person or body

501

Listening and Surveillance Devices Act 1972

subsection 6 (2)

Power to apply for a warrant to use listening devices or enter or interfere with any premises, vehicle or thing

Member of the Board or a member of the staff of the ACC

502

Listening and Surveillance Devices Act 1972

subsections 6 (3) and (4)

Duty to comply with requirements for making an application

Member of the Board or a member of the staff of the ACC

503

Listening and Surveillance Devices Act 1972

subsection 6 (7b)

Power to act in accordance with a warrant

Member of the Board or a member of the staff of the ACC

504

Listening and Surveillance Devices Act 1972

subsection 6 (8)

Duty to cancel a warrant by instrument in writing

Member of the Board

505

Listening and Surveillance Devices Act 1972

paragraph 6 (9) (b)

Power to cancel a warrant by instrument in writing

Member of the Board

506

Listening and Surveillance Devices Act 1972

subsection 6A (1)

Power to make a remote application for a warrant

Member of the Board or a member of the staff of the ACC

507

Listening and Surveillance Devices Act 1972

subsection 6A (2)

Duty to comply with requirements for making a remote application

Member of the Board or a member of the staff of the ACC

508

Listening and Surveillance Devices Act 1972

subsections 7 (1) and (2)

Power to use a listening device in defined circumstances

Member of the Board or a member of the staff of the ACC

509

Listening and Surveillance Devices Act 1972

subsection 7 (3)

Duty and power in relation to communicating or publishing information or material derived from the use of a listening device

Member of the Board or a member of the staff of the ACC

510

Listening and Surveillance Devices Act 1972

subsection 9 (1)

Power to seize a listening device or a record of information derived from the use of a listening device

Member of the Board or a member of the staff of the ACC

511

Listening and Surveillance Devices Act 1972

paragraph 9 (2) (a)

Power to break into, enter and search any premises in which the member suspects on reasonable grounds there is a device or record liable to be seized

Member of the Board or a member of the staff of the ACC

512

Listening and Surveillance Devices Act 1972

paragraph 9 (2) (b)

Power to stop, detain and search any vehicle in which the member suspects on reasonable grounds contains a device or record liable to be seized

Member of the Board or a member of the staff of the ACC

513

Listening and Surveillance Devices Act 1972

paragraph 9 (2) (c)

Power to detain and search any person who the member suspects on reasonable grounds has possession of a device or record that is liable to be seized

Member of the Board or a member of the staff of the ACC

514

Listening and Surveillance Devices Act 1972

subsection 9 (3)

Duty to return a device or record that has been seized

Member of the Board or a member of the staff of the ACC

515

Listening and Surveillance Devices Regulations 2003

subregulation 4 (1)

Duty to ensure that records are stored securely

Chair of the Board

516

Listening and Surveillance Devices Regulations 2003

subregulation 4 (2)

Power to authorise the removal of a record from storage

Chair of the Board

517

Listening and Surveillance Devices Regulations 2003

regulation 5

Duty to ensure that a records book is maintained

Chair of the Board

518

Listening and Surveillance Devices Regulations 2003

regulation 6

Power to authorise access to a record

Chair of the Board

519

Listening and Surveillance Devices Regulations 2003

regulation 7

Power to authorise the making of a copy of a record

Chair of the Board

520

Listening and Surveillance Devices Regulations 2003

regulation 8

Power to authorise the destruction of a record

Chair of the Board

521

Witness Protection Act 1996

subsection 6 (1)

Power to make an arrangement in connection with the administration of a complementary witness protection law

CEO

522

Witness Protection Act 1996

subsection 18 (1)

Power to give a participant permission not to disclose the participant’s former identity

CEO

523

Witness Protection Act 1996

paragraph 21 (3) (a)

Power to authorise a disclosure of information

CEO

[6]           Schedule 3, Part 6, item 601, column 4

substitute

 

 

 

 

Power under an authorising court order to cause the Registrar to make an entry in the register of births or register of marriages

 

[7]           Schedule 4, after Part 2

insert

Part 3          Laws of Queensland

 

Item

Law

Provision

Duty, function or power

301

Police Powers and Responsibilities Act 2000

subsection 684 (3)

Power to require a police officer to record information in another entity’s register

[8]           Schedule 4, after Part 4

insert

Part 5          Laws of South Australia

 

Item

Law

Provision

Duty, function or power

501

Listening and Surveillance Devices Act 1972

paragraph 6C (a)

Duty to keep, as records, copies of applications for warrants and copies of warrants

502

Listening and Surveillance Devices Act 1972

paragraph 6C (b)

Duty to keep information and material derived from the use of a listening or surveillance device

503

Listening and Surveillance Devices Act 1972

paragraph 6C (c)

Duty to control, manage access to and destroy records, information and material

[9]           Schedule 6, Part 1, after item 101

insert

101A

Australian Commission for Law Enforcement Integrity

[10]         Schedule 6, Part 1, after item 104

insert

104A

Australian Defence Force

[11]         Schedule 6, Part 1, after item 119A

insert

119B

Department of Finance and Administration

[12]         Schedule 6, Part 1, item 121

omit

Multicultural and Indigenous Affairs

insert

Citizenship

[13]         Schedule 6, Part 1, item 122

omit

and Heritage

insert

and Water Resources

[14]         Schedule 6, Part 2, after item 201

insert

201A

Council of the City of Sydney


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.