
Australian Crime Commission Regulations 2002
Statutory Rules No. 132, 1984 as amended
made under the
Australian Crime Commission Act 2002
Compilation start date: 12 April 2013
Includes amendments up to: SLI No. 51, 2013
About this compilation
The compiled instrument
This is a compilation of the Australian Crime Commission Regulations 2002 as amended and in force on 12 April 2013. It includes any amendment affecting the compiled instrument to that date.
This compilation was prepared on 12 April 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled instrument has not commenced or is affected by an uncommenced amendment, the text of the uncommenced provision or amendment is set out only in the endnotes.
Application provisions for amendments
If the operation of an amendment is affected by an application provision, this provision is identified in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provision ceasing to have effect
If a provision of the compiled instrument has expired or otherwise ceased to have effect, or is to expire or otherwise cease to have effect, in accordance with a provision of the instrument, details of the provision are set out in the endnotes.
Contents
1............ Name of Regulations........................................................................... 1
2............ Definitions.......................................................................................... 1
3............ Serious and organised crime offences................................................ 1
4............ Search warrant.................................................................................... 1
5............ Scale prescribed for payment of expenses of witnesses...................... 1
7............ Service of summons to appear before an examiner............................. 1
8............ Warrant for arrest of witness............................................................... 3
8A......... Duties, functions and powers conferred by State laws........................ 3
9............ Disclosure of ACC information—international bodies....................... 4
10.......... Disclosure of ACC information—bodies corporate............................ 4
Schedule 1— 5
Form 1—Search warrant under section 22 5
Form 2—Warrant under section 31 8
Schedule 2—Scale for payment of expenses of witnesses 10
Schedule 3—Duties, functions and powers conferred on certain persons and bodies by State laws 11
Part 1—Laws of New South Wales 11
Part 2—Laws of Victoria 18
Part 3—Laws of Queensland 31
Part 4—Laws of Western Australia 32
Part 5—Laws of South Australia 37
Part 6—Laws of Tasmania 40
Part 7—Laws of the Australian Capital Territory 41
Part 8—Laws of the Northern Territory 42
Schedule 4—Duties, functions and powers conferred on the ACC by State laws 52
Part 1—Laws of New South Wales 52
Part 2—Laws of Victoria 53
Part 3—Laws of Queensland 54
Part 4—Laws of Western Australia 55
Part 5—Laws of South Australia 56
Part 7—Laws of the Australian Capital Territory 57
Schedule 5—Duties, functions and powers conferred on Federal Court Judge or Federal Circuit Court Judge by State laws 58
Part 2—Laws of Victoria 58
Part 4—Laws of Western Australia 59
Schedule 6—Disclosure of ACC information—international bodies 60
Schedule 7—Disclosure of ACC information—bodies corporate 61
Part 1—Bodies corporate 61
Part 2—Classes of bodies corporate 65
Endnotes 70
Endnote 1—Legislation history 70
Endnote 2—Amendment history 73
Endnote 3—Uncommenced amendments 79
Australian Crime Commission Amendment Regulations 2006 (No. 1) (2006 No. 43) 79
Endnote 4—Misdescribed amendments [none] 85
1 Name of Regulations
These Regulations are the Australian Crime Commission Regulations 2002.
2 Definitions
In these Regulations:
ACC means the Australian Crime Commission.
Act means the Australian Crime Commission Act 2002.
3 Serious and organised crime offences
For paragraph (d) of the definition of serious and organised crime in subsection 4(1) of the Act, each offence mentioned in Division 272 or 273 of the Criminal Code is prescribed.
4 Search warrant
A warrant issued by an issuing officer under section 22 of the Act shall be in accordance with Form 1 in Schedule 1.
5 Scale prescribed for payment of expenses of witnesses
(1) For the purposes of section 26 of the Act, the prescribed scale is the scale in Schedule 2.
(2) In the scale in Schedule 2, a reference to the High Court Rules shall be read as a reference to the High Court Rules as in force from time to time.
7 Service of summons to appear before an examiner
(1) For the purposes of subsection 30(1) or (2) of the Act, each of the following manners of serving a summons is prescribed:
(a) where the person named in the summons is a natural person:
(i) tendering a copy of the summons to the person or, if on tender of the copy the person refuses to accept it, putting it down in the presence of the person or leaving it at or upon the place or premises where the person is;
(ii) if service in the manner specified in subparagraph (i) is not practicable—leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing, or employed, at that place or sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or at the last known or usual postal address of the person;
(iii) if a Judge has, subject to subregulation (2), given a direction that the summons should be so served—leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person, or sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by the person;
(b) where the person named in the summons is a body corporate:
(i) tendering a copy of the summons to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, above the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate or, if on tender of the copy the person refuses to accept it, leaving it at or upon the premises;
(ii) sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or at a postal address of the body corporate.
(2) A Judge shall not give a direction referred to in subparagraph (1)(a)(iii) in relation to the service of a summons on a person unless the Judge is satisfied upon information furnished in writing by an examiner, that:
(a) service of the summons on the person in a manner specified in subparagraph (1)(a)(i) or (ii) has not been, or is not likely to be, successful; and
(b) there is a likelihood that service of the summons in a manner specified in paragraph (1)(a)(iii) would result in the summons coming to the notice of the person.
(3) In this regulation, Judge means:
(a) a Judge of the Federal Court; or
(b) a Judge of a court of a State or Territory.
8 Warrant for arrest of witness
A warrant issued under subsection 31(1) of the Act for the apprehension of a person shall be in accordance with Form 2 in Schedule 1.
8A Duties, functions and powers conferred by State laws
(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) For subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 3 may be conferred on the person or body mentioned in the item.
(3) For subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 5 may be conferred on a Judge of the Federal Court or a Judge of the Federal Circuit Court, as mentioned in the item.
9 Disclosure of ACC information—international bodies
For paragraph 59AA(1)(d) of the Act, an international body mentioned in Schedule 6 is prescribed.
10 Disclosure of ACC information—bodies corporate
For subsection 59AB(1) of the Act, a body corporate, or a class of bodies corporate, mentioned in Schedule 7 is prescribed.
Schedule 1—
Form 1—Search warrant under section 22
(regulation 3)
COMMONWEALTH OF AUSTRALIA
Australian Crime Commission Act 2002
SEARCH WARRANT UNDER SECTION 22
TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the police force of (insert name of State, as the case requires)] * [any other person] who is the executing officer for this warrant:
On the basis of:
(a) an application made *[under subsection 22(1)] *[by telephone under subsection 23(1)] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to:
*[land situated at (insert address);]
*[premises situated at (insert address);]
*[the vessel (insert name) owned by (insert name and address of owner);]
*[the aircraft (insert identifying marks) owned by (insert name and address of owner);]
*[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);] and
(b) information given to me *[by affidavit] *[by affidavit and orally] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2;
I, (insert full name of issuing officer), a *[Judge] *[magistrate] of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:
(c) *[at any time of the day or night] *[between the hours of ... and ... ] to enter *[on] *[into] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle]; and
(d) to search the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] for things of a relevant kind specified in Schedule 1 that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2; and
(e) to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2 found *[on] *[in] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] and to deliver them to any person participating in the special ACC *[operation] *[investigation].
THIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).
Issued on (insert date of issue).
...........................................................................
(Signature and designation of issuing officer)
(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.)
*This warrant is issued for the following reasons:
(insert the reasons)
Schedule 1
(Insert a description of the particular thing or things, connected with the special ACC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.)
Schedule 2
1. The special ACC *[operation] *[investigation] is (insert description of the special ACC operation/investigation).
2. The federally relevant criminal activity that is the subject of the ACC special *[operation] *[investigation] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates).
3. The ACC is conducting a special *[operation] *[investigation], in accordance with a determination by the Board of the ACC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the *[intelligence operation] *[investigation into matters relating to federally relevant criminal activity] is a special *[operation] *[investigation]. The determination of the Board is (insert details of the determination of the Board).
*Omit if inapplicable
Form 2—Warrant under section 31
(regulation 8)
COMMONWEALTH OF AUSTRALIA
Australian Crime Commission Act 2002
WARRANT UNDER SECTION 31
TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the Police Force of the (insert name of State, as case requires)] *[any other person]:
On the basis of:
(a) the application made by *[(insert full name of applicant)], an examiner appointed under subsection 46B(1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and
(b) my satisfaction by evidence on oath that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):
*[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver *[his] *[her] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;]
*[in relation to whom a summons has been issued under subsection 28(1) of the Australian Crime Commission Act 2002:
(i) has absconded or is likely to abscond; or
(ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;]
*[has committed an offence under subsection 30(1) of the Australian Crime Commission Act 2002, or is likely to do so;]
I, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant:
(a) if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and
(b) to apprehend (insert full name of person to be apprehended):
to bring *[him] *[her], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law.
Dated (insert date of issue).
...............................................................
(Signature and designation of Judge)
*Omit if inapplicable
Schedule 2—Scale for payment of expenses of witnesses
(regulation 5)
1. Witness appearing before an examiner to give evidence because of his professional, scientific or other special skill or knowledge in respect of each day on which he so appears, an amount of not less than the lesser amount specified in the High Court Rules in relation to expenses of witnesses possessing such skill or knowledge and not more than the greater amount so specified.
2. Witness, other than a witness referred to in Item 1, appearing before an examiner:
(a) in the case of a witness remunerated by wages, salary or fee—such amount as is provided for in the High Court Rules in relation to expenses of witnesses so remunerated;
(b) in any other case—such amount as is provided for in the High Court Rules in relation to expenses of witnesses generally.
3. Witness appearing before an examiner to give expert evidence—in addition to any other amount payable to him under Item 1 or 2, a reasonable amount for qualifying to give that evidence.
4. Any witness appearing before an examiner such amount as is reasonable:
(a) in respect of his conveyance to and from the place at which he so attends; and
(b) if he is required to be absent overnight from his usual place of residence—for meals and accommodation.
Schedule 3—Duties, functions and powers conferred on certain persons and bodies by State laws
(subregulation 8A(2))
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 |
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 | CEO |
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 |
Part 2—Laws of Victoria
Item | Law | Provision | Duty, function or power | Person or body |
2001 | Crimes (Assumed Identities) Act 2004 | subsection 4(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
2002 | Crimes (Assumed Identities) Act 2004 | paragraph 4(3)(a) | Power to approve form of application for authority | CEO |
2003 | Crimes (Assumed Identities) Act 2004 | subsection 4(3) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
2004 | Crimes (Assumed Identities) Act 2004 | subsection 4(4) | Power to require additional information | CEO |
2005 | Crimes (Assumed Identities) Act 2004 | subsection 5(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
2006 | Crimes (Assumed Identities) Act 2004 | subsection 5(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
2007 | Crimes (Assumed Identities) Act 2004 | subsection 5(3) | Duty to appoint a member of the staff of the ACC to supervise the acquisition or use of an assumed identity by an authorised civilian | CEO |
2008 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(a) | Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages | CEO |
2009 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
2010 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
2011 | Crimes (Assumed Identities) Act 2004 | paragraph 6(1)(a) | Power to approve the form of an authority | CEO |
2012 | Crimes (Assumed Identities) Act 2004 | subsections 6(2) and (3) | Duty to include certain particulars in an authority | CEO |
2013 | Crimes (Assumed Identities) Act 2004 | paragraph 8(1)(a) | Power to vary or cancel an authority | CEO |
2014 | Crimes (Assumed Identities) Act 2004 | paragraph 8(1)(b) | Duty to cancel an authority | CEO |
2015 | Crimes (Assumed Identities) Act 2004 | subsection 8(2) | Duty to give written notice of the variation or cancellation of an authority | CEO |
2016 | Crimes (Assumed Identities) Act 2004 | subsection 8(3) | Duty to give reasons for the variation or cancellation of an authority | CEO |
2017 | Crimes (Assumed Identities) Act 2004 | subsections 9(1), (2) and (3) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
2018 | Crimes (Assumed Identities) Act 2004 | subsection 9(4) | Duty to cancel an authority | CEO |
2019 | Crimes (Assumed Identities) Act 2004 | subsection 9(5) | Duty to record opinion and reasons for it, in writing | CEO |
2020 | Crimes (Assumed Identities) Act 2004 | paragraph 10(2)(a) | Power to apply for an order to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic) | CEO |
2021 | Crimes (Assumed Identities) Act 2004 | subsection 11(2) | Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic) | CEO |
2022 | Crimes (Assumed Identities) Act 2004 | subsection 11(3) | Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction | CEO |
2023 | Crimes (Assumed Identities) Act 2004 | subsection 13(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
2024 | Crimes (Assumed Identities) Act 2004 | subsection 16(1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
2025 | Crimes (Assumed Identities) Act 2004 | subsection 19(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
2026 | Crimes (Assumed Identities) Act 2004 | subsection 24(2) | Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity | CEO |
2027 | Crimes (Assumed Identities) Act 2004 | subsection 31(1) | Duty to submit a report to the Minister | CEO |
2028 | Crimes (Assumed Identities) Act 2004 | subsection 31(2) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament | CEO |
2029 | Crimes (Assumed Identities) Act 2004 | subsection 32(1) | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
2030 | Crimes (Assumed Identities) Act 2004 | subsection 33(1) | Duty to arrange for records to be audited | CEO |
2031 | Crimes (Assumed Identities) Act 2004 | subsection 33(2) | Power to appoint auditor | CEO |
2032 | Crimes (Assumed Identities) Act 2004 | section 34 | Power to delegate functions to senior officers | CEO |
2068 | Evidence Act 1958 | subsection 42BB(1) | Power to give a witness identity protection certificate | CEO |
2069 | Evidence Act 1958 | subsection 42BB(2) | Duty to make all reasonable enquiries | CEO |
2070 | Evidence Act 1958 | subsection 42BB(3) | Duty not to give a witness identity protection certificate until a statutory declaration is obtained | CEO |
2071 | Evidence Act 1958 | subsection 42BC(1) | Duty to make a statutory declaration | Member of the staff of the ACC |
2072 | Evidence Act 1958 | subsection 42BD(1) | Duty to state certain information in a witness identity protection certificate | CEO |
2073 | Evidence Act 1958 | subsection 42BD(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
2074 | Evidence Act 1958 | subsection 42BF(2) | Duty to cancel a witness identity protection certificate | CEO |
2075 | Evidence Act 1958 | subsection 42BF(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
2076 | Evidence Act 1958 | subsections 42BG(2) and (3) | Power to permit a person to give information | CEO |
2077 | Evidence Act 1958 | subsections 42BI(1), (2) and (3) | Duty to submit a report to the Minister | CEO |
2078 | Evidence Act 1958 | subsection 42BJ(2) | Power to delegate functions | CEO |
2079 | Surveillance Devices Act 1999 | subsection 15(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
2080 | Surveillance Devices Act 1999 | paragraph 15(2)(a) | Power to approve the making of an application for a surveillance device warrant | CEO, or a member of the staff of the ACC |
2081 | Surveillance Devices Act 1999 | subsections 15(2), (3), (4), (5) and (6) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
2082 | Surveillance Devices Act 1999 | subsection 16(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
2083 | Surveillance Devices Act 1999 | subsection 16(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
2084 | Surveillance Devices Act 1999 | subsections 19(1), (2), (3), (4), (6), (7) and (8) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
2085 | Surveillance Devices Act 1999 | subsection 19(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
2086 | Surveillance Devices Act 1999 | subsection 20(1) | Power to apply for extension or variation of surveillance device warrant | Member of the staff of the ACC |
2087 | Surveillance Devices Act 1999 | subsection 20(2) | Duty to comply with requirements for making an application under subsection 20(1) | Member of the staff of the ACC |
2088 | Surveillance Devices Act 1999 | subsection 20(3) | Duty to comply with requirements in section 15 for making an application under subsection 20(1) | Member of the staff of the ACC |
2089 | Surveillance Devices Act 1999 | subsection 20(3) | Power to make a remote application under subsection 20(1) in accordance with subsection 16(1) | Member of the staff of the ACC |
2090 | Surveillance Devices Act 1999 | subsection 20(3) | Duty to transmit an affidavit in accordance with subsection 16(2) | Member of the staff of the ACC |
2091 | Surveillance Devices Act 1999 | subsection 20A(2) | Duty to revoke a surveillance device warrant | CEO |
2092 | Surveillance Devices Act 1999 | subsection 20B(2) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued and the warrant is revoked | CEO |
2093 | Surveillance Devices Act 1999 | subsection 20B(3) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued | CEO |
2094 | Surveillance Devices Act 1999 | subsection 20B(4) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
2095 | Surveillance Devices Act 1999 | subsection 20C(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
2096 | Surveillance Devices Act 1999 | paragraph 20C(2)(a) | Power to approve the making of an application for a retrieval warrant | CEO, or a member of the staff of the ACC |
2097 | Surveillance Devices Act 1999 | subsections 20C(2), (3), (4), (5) and (6) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
2098 | Surveillance Devices Act 1999 | subsection 20D(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
2099 | Surveillance Devices Act 1999 | subsection 20D(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
2100 | Surveillance Devices Act 1999 | section 20G | Power to act in accordance with retrieval warrant | Member of the staff of the ACC |
2101 | Surveillance Devices Act 1999 | subsection 20H(3) | Duty to revoke a retrieval warrant | CEO |
2102 | Surveillance Devices Act 1999 | subsection 20H(4) | Duty to inform chief officer if the grounds for issue of a retrieval warrant no longer exist | Member of the staff of the ACC |
2103 | Surveillance Devices Act 1999 | subsection 21(1) | Power to apply for an order directing a person to assist in the execution of a warrant | Member of the staff of the ACC |
2104 | Surveillance Devices Act 1999 | subsection 21(2) | Duty to comply with requirements for making an application | Member of the staff of the ACC |
2105 | Surveillance Devices Act 1999 | subsections 26(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
2106 | Surveillance Devices Act 1999 | subsection 26(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO, or a member of the staff of the ACC |
2107 | Surveillance Devices Act 1999 | subsection 26(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
2108 | Surveillance Devices Act 1999 | subsections 27(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
2109 | Surveillance Devices Act 1999 | subsection 27(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO, or a member of the staff of the ACC |
2110 | Surveillance Devices Act 1999 | subsection 27(4) | Power to act in accordance with an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
2111 | Surveillance Devices Act 1999 | subsection 28(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO, or a member of the staff of the ACC |
2112 | Surveillance Devices Act 1999 | subsection 28(2) | Duty to comply with requirements for making an application for approval | CEO, or a member of the staff of the ACC |
2113 | Surveillance Devices Act 1999 | paragraph 30H(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
2114 | Surveillance Devices Act 1999 | paragraph 30H(1)(b) | Duty to destroy records and reports | CEO |
2115 | Surveillance Devices Act 1999 | section 30K | Duty to report to judge or magistrate including certain details | Member of the staff of the ACC |
2116 | Surveillance Devices Act 1999 | subsections 30L(1), (2) and (3) | Duty to submit annual report to the Minister | CEO |
2117 | Surveillance Devices Act 1999 | section 30M | Duty to keep documents connected with warrants and emergency authorisations | CEO |
2118 | Surveillance Devices Act 1999 | section 30N | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
2119 | Surveillance Devices Act 1999 | section 30O | Duty to cause register of warrants and emergency authorisations, including certain details, to be kept | CEO |
2120 | Surveillance Devices Act 1999 | subsection 30P(3) | Duty to ensure that members of the staff of the ACC assist the Ombudsman | CEO |
2121 | Surveillance Devices Act 1999 | subsection 36(1) | Power to issue a written evidentiary certificate | CEO or a member of the staff of the ACC |
2122 | Witness Protection Act 1991 | subsection 4(1) | Power to make a new entry in the register of births or register of marriages | Member of the staff of the ACC |
2123 | Witness Protection Act 1991 | subsection 6(1A) | Power to apply for an order for authorisation | CEO |
2124 | Witness Protection Act 1991 | subsection 6(2) | Duty to provide evidence | CEO |
2125 | Witness Protection Act 1991 | subsection 10(2) | Power to disclose former identity | CEO, or member of the staff of the ACC |
2126 | Witness Protection Act 1991 | section 15 | Power to give a certificate | CEO |
2127 | Witness Protection Act 1991 | subsection 21(1) | Power to make arrangements with the Chief Commissioner of Police | CEO |
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 |
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 |
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 |
Part 6—Laws of Tasmania
Item | Law | Provision | Duty, function or power | Person or body |
601 | Witness Protection Act 2000 | subsection 7(1) and paragraph 11(a) | Power under an authorising court order to cause the Registrar to make an entry in the register of births or register of marriages | Member of the staff of the ACC |
602 | Witness Protection Act 2000 | subsection 9(2) | Power to apply for court order in relation to making an entry in the register of births or register of marriages | CEO |
603 | Witness Protection Act 2000 | subsection 9(3) | Duty to provide evidence to the court | CEO |
604 | Witness Protection Act 2000 | paragraph 12(2)(b) | Power to apply for court order for cancellation of an entry in the register of births or register of marriages | CEO |
605 | Witness Protection Act 2000 | subsection 13(2) | Power to disclose the former identity of a witness or a member of the family of a witness | CEO, or a member of the staff of the ACC |
606 | Witness Protection Act 2000 | paragraph 13(4)(a) | Power to authorise a disclosure or communication of information | CEO |
607 | Witness Protection Act 2000 | section 18 | Power to accept evidence and to give a certificate to the Registrar | CEO |
608 | Witness Protection Act 2000 | subsection 24(1) | Power to make arrangements with the Commissioner of Police | CEO |
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 |
Schedule 4—Duties, functions and powers conferred on the ACC by State laws
(subregulation 8A(1))
Part 1—Laws of New South Wales
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 |
Part 2—Laws of Victoria
Item | Law | Provision | Duty, function or power |
201 | Crimes (Assumed Identities) Act 2004 | subsection 18(2) | Duty to indemnify an issuing agency, or an officer of an issuing agency, in certain circumstances |
202 | Crimes (Assumed Identities) Act 2004 | subsection 21(2) | Duty to indemnify an authorised person in certain circumstances |
203 | Crimes (Assumed Identities) Act 2004 | subsection 27(2) | Duty to indemnify an issuing agency of a participating jurisdiction, or an officer of such an issuing agency, in certain circumstances |
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 |
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 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 |
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 |
Schedule 5—Duties, functions and powers conferred on Federal Court Judge or Federal Circuit Court Judge by State laws
(subregulation 8A(3))
Part 2—Laws of Victoria
Item | Law | Provision | Duty, function or power | Federal Court Judge or Federal Circuit Court Judge |
201 | Australian Crime Commission (State Provisions) Regulations 2004 | regulation 5 | Power to give directions in relation to service of summons | Judge of the Federal Court |
202 | Australian Crime Commission (State Provisions) Regulations 2004 | regulation 6 | Duty to use prescribed form for warrant for the apprehension of a witness | Judge of the Federal Court |
203 | Australian Crime Commission (State Provisions) Regulations 2004 | regulation 7 | Duty to use prescribed form for search warrant | Judge of the Federal Court, or Judge of the Federal Circuit Court |
Part 4—Laws of Western Australia
Item | Law | Provision | Duty, function or power | Federal Court Judge or Federal Circuit Court Judge |
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 |
Schedule 6—Disclosure of ACC information—international bodies
(regulation 9)
Item | International body |
101 | European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) |
102 | The International Criminal Police Organization‑INTERPOL |
103 | European Police Office (Europol) |
104 | The Egmont Group of Financial Intelligence Units |
105 | Financial Action Task Force (FATF) |
Schedule 7—Disclosure of ACC information—bodies corporate
(regulation 10)
Part 1—Bodies corporate
Item | Body corporate |
101 | Accounting Professional & Ethical Standards Board Limited (ACN 118 227 259) |
102 | Advanced Share Registry Ltd (ACN 127 175 946) |
103 | Aircraft Owners and Pilots Association of Australia (ACN 004 274 588) |
104 | Air Freight Council of New South Wales Incorporated (NSW Y3046044) |
105 | Alliance of Australian Retailers Pty Ltd (ACN 145 378 589) |
106 | Apple Pty Limited (ACN 002 510 054) |
107 | Association of Mining and Exploration Companies Inc. (WA A0810217E) |
108 | Auctioneers and Valuers Association of Australia (Incorporated) (ACN 000 109 544) |
109 | Australasian Casino Association Inc (ACT A 02124) |
110 | Australasian Telecommunications Fraud & Risk Association Incorporated (NSW INC9881222) |
111 | Australian Airports Association Limited (ACN 008 647 336) |
112 | Australian Bankers’ Association Incorporated (NSW INC9884254) |
113 | Australian Catholic University Limited (ACN 050 192 660) |
114 | Australian Constructors Association Limited (ACN 065 806 948) |
115 | Australian Custodial Services Association Limited (ACN 072 659 619) |
116 | Australian Cycling Federation (ACT A 01304) |
117 | Australian Direct Marketing Association Ltd (ACN 002 909 800) |
118 | Australian Financial Markets Association Limited (ACN 119 827 904) |
119 | Australian Football League (ACN 004 155 211) |
120 | Australian Information Industry Association Limited (ACN 008 568 036) |
121 | Australian Institute of Conveyancers Incorporated (SA A20917) |
122 | Australian Institute of Superannuation Trustees (ACN 123 284 275) |
123 | Australian Interactive Media Industry Association Incorporated (WA A 1002747C) |
124 | Australian Logistics Council Ltd (ACN 131 860 136) |
125 | Australian Market and Social Research Society Ltd (ACN 002 882 635) |
126 | Australian Medical Association Limited (ACN 008 426 793) |
127 | Australian Mobile Telecommunications Association Limited (ACN 065 814 315) |
128 | Australian Payments Clearing Association Limited (ACN 055 136 519) |
129 | Australian Petroleum Production & Exploration Association Limited (ACN 000 292 713) |
130 | Australian Racing Board Limited (ACN 104 986 334) |
131 | Australian Rugby League Commission Limited (ACN 003 107 293) |
132 | Australian Rugby Union Limited (ACN 002 898 544) |
133 | Australian Security Industry Association Ltd (ACN 000 813 365) |
134 | Australian Shipowners Association Limited (ACN 006 627 934) |
135 | Australian Telemarketing and Call Centre Association Incorporated (NSW Y1162006) |
136 | Australian Teleservices Association Limited (ACN 089 791 186) |
137 | Boardroom Pty Limited (ACN 003 209 836) |
138 | Bond University Limited (ACN 010 694 121) |
139 | Canberra Greyhound Racing Club Inc (ACT A 00183) |
140 | Canberra Harness Racing Club Inc (ACT A 00139) |
141 | Canberra Racing Club Inc (ACT A 00037) |
142 | Coalition of Major Professional and Participation Sports Association Inc. (VIC A0056112U) |
143 | Communications Alliance Ltd (ACN 078 026 507) |
144 | Computershare Limited (ACN 005 485 825) |
145 | CPA Australia Ltd (ACN 008 392 452) |
146 | Cricket Australia (ACN 006 089 130) |
147 | Customer Contact Management Association Inc. (VIC A0033335W) |
148 | Customs Brokers and Forwarders Council of Australia Inc. (ARBN 107 526 385) |
149 | eBay Australia and New Zealand Pty Limited (ACN 086 288 888) |
150 | Facebook Australia Pty Ltd (ACN 134 012 543) |
151 | Financial Services Council Ltd (ACN 080 744 163) |
152 | Football Federation Australia Limited (ACN 106 478 068) |
153 | Fundraising Institute Australia (ACN 088 146 801) |
154 | Google Australia Pty Ltd (ACN 102 417 032) |
155 | Greyhounds Australasia Limited (ACN 106 879 903) |
156 | Greyhound Racing SA Limited (ACN 094 569 525) |
157 | Harness Racing Australia Inc (ACT A 00324) |
158 | Harness Racing SA Limited (ACN 094 559 930) |
159 | Insurance Council of Australia Limited (ACN 005 617 318) |
160 | Internet Industry Association (ACN 071 075 575) |
161 | Institute of Public Accountants Limited (ACN 004 130 643) |
162 | Link Market Services Limited (ACN 083 214 537) |
163 | Medicines Australia Limited (ACN 126 990 001) |
164 | Microsoft Pty Ltd (ACN 002 589 460) |
165 | Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council Aboriginal Corporation (ICN 2043) |
166 | Nokia Australia Pty Ltd (ACN 007 366 949) |
167 | Plastics and Chemicals Industries Association Inc. (VIC A0028854D) |
168 | Post Office Agents Association Limited (ACN 006 382 314) |
169 | Queensland Multimodal Freight Council Ltd (ACN 086 118 514) |
170 | Queensland Transport and Logistics Council Ltd (ACN 135 427 851) |
171 | Racing Information Services Australia Pty Limited (ACN 105 994 330) |
172 | Racing Queensland Limited (ACN 142 786 874) |
173 | Racing Victoria Limited (ACN 096 917 930) |
174 | Regional Aviation Association of Australia Limited (ACN 008 568 054) |
175 | Research in Motion Australia Pty Limited (ACN 101 219 425) |
176 | Sea Freight Council of New South Wales Incorporated (NSW Y3045929) |
177 | Security Transfer Registrars Pty Ltd (ACN 008 894 488) |
178 | Self Storage Association of Australasia Limited (ACN 050 341 725) |
179 | Shipping Australia Limited (ACN 096 012 574) |
180 | SMSF Professionals’ Association of Australia Limited (ACN 103 739 617) |
181 | South Australian Freight Council Incorporated (SA A37752) |
182 | Tasmanian Freight Logistics Council Limited (ACN 085 776 441) |
183 | Tasracing Pty. Ltd. (ACN 137 188 286) |
184 | Tennis Australia Limited (ACN 006 281 125) |
185 | The Association of Market and Social Research Organisations in Australia (AMSRO) Inc. (VIC A0026832C) |
186 | The Association of Superannuation Funds of Australia Limited (ACN 002 786 290) |
187 | The Australian Retailers Association (registered under Chapter 2 of the Fair Work (Registered Organisations) Act 2009) |
188 | The Competitive Carriers’ Coalition (ACT A 04157) |
189 | The Darwin Turf Club Incorporated (NT 00046C) |
190 | The Institute of Chartered Accountants in Australia (ARBN 084 642 571) |
191 | The Pharmacy Guild of Australia (registered under Chapter 2 of the Fair Work (Registered Organisations) Act 2009) |
192 | The Real Estate Institute of Australia Limited (ACN 008 652 597) |
193 | The Retail Traders’ Associations of Australia Limited (ACN 003 586 623) |
194 | The University of Notre Dame Australia (ARBN 116 998 746) |
195 | Thoroughbred Racing S.A. Limited (ACN 094 475 939) |
196 | Universities Australia (ACN 008 502 930) |
197 | Victorian Freight and Logistics Council Ltd (ACN 091 962 751) |
198 | Yahoo!7 Pty Ltd (ACN 089 187 100) |
Part 2—Classes of bodies corporate
Item | Class of bodies corporate |
201 | Bodies corporate that are ADIs, within the meaning of subsection 5(1) of the Banking Act 1959 |
202 | Bodies corporate that are either of the following, within the meaning of section 9 of the Aviation Transport Security Act 2004: (a) accredited air cargo agents; (b) aviation industry participants |
203 | Bodies corporate that are maritime industry participants within the meaning of section 10 of the Maritime Transport and Offshore Facilities Security Act 2003 |
204 | Bodies corporate that hold any of the following licences: (a) a depot licence under Part IVA of the Customs Act 1901; (b) a warehouse licence under Part V of the Customs Act 1901; (c) a broker’s licence under Part XI of the Customs Act 1901 |
205 | Bodies corporate that hold a casino licence within the meaning of any of the following: (a) subsection 3(1) of the Casino Control Act 1992 of New South Wales; (b) subsection 3(1) of the Casino Control Act 1991 of Victoria; (c) subsection 3(1) of the Casino Act 1997 of South Australia; (d) subsection 3(1) of the Gaming Control Act 1993 of Tasmania; (e) the Dictionary to the Casino Control Act 2006 of the Australian Capital Territory; (f) section 3 of the Gaming Control Act of the Northern Territory |
206 | Bodies corporate that are casino licensees within the meaning of subsection 3(1) of the Casino Control Act 1984 of Western Australia |
207 | Bodies corporate that are casino operators within the meaning of the Casino Control Act 1982 of Queensland |
208 | Bodies corporate that are administrators appointed under: (a) paragraph 31(12)(d) of the Casino Control Act 1982 of Queensland; or (b) section 21E of the Casino Control Act 1984 of Western Australia; or (c) section 39 of the Casino Control Act 2006 of the Australian Capital Territory |
209 | Bodies corporate that are managers appointed under: (a) section 28 of the Casino Control Act 1992 of New South Wales; or (b) section 22 of the Casino Control Act 1991 of Victoria; or (c) section 63 of the Casino Act 1997 of South Australia |
210 | Bodies corporate that hold a carrier licence under the Telecommunications Act 1997 |
211 | Bodies corporate that are service providers within the meaning of the Telecommunications Act 1997 |
212 | Bodies corporate that are any of the following, within the meaning of Chapter 7 of the Corporations Act 2001: (a) CS facility licensees; (b) financial services licensees; (c) market licensees |
213 | Bodies corporate that are registered under Part 2 of the Financial Sector (Collection of Data) Act 2001 |
214 | Bodies corporate that meet the following requirements: (a) provide a designated service that is listed in table 1, 2 or 3 in section 6 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; (b) are entered on the Reporting Entities Roll under Part 3A of that Act |
215 | Bodies corporate that are RSE licensees within the meaning of subsection 10(1) of the Superannuation Industry (Supervision) Act 1993 |
216 | Bodies corporate that are general insurers within the meaning of section 11 of the Insurance Act 1973 |
217 | Bodies corporate that hold a licence under the Therapeutic Goods Act 1989 |
218 | Bodies corporate that are wholesalers within the meaning of the Australian Code of Good Wholesaling Practice for Medicines in Schedules 2, 3, 4 and 8, as in force at 1 April 2011 |
219 | Bodies corporate that conduct a pharmacy business in accordance with the Health Practitioner Regulation National Law 2009 of New South Wales |
220 | Bodies corporate that own a pharmacy business in accordance with the Pharmacy Business Ownership Act 2001 of Queensland |
221 | Bodies corporate that are pharmacy services providers within the meaning of subsection 26(1) of the Health Practitioner Regulation National Law (South Australia) Act 2010 of South Australia |
222 | Bodies corporate that hold an interest in a pharmacy business in accordance with the Pharmacy Control Act 2001 of Tasmania |
223 | Bodies corporate that are licensees within the meaning of subsection 3(1) of the Pharmacy Regulation Act 2010 of Victoria |
224 | Bodies corporate that own, or hold a proprietary interest in, a pharmacy business that is carried on in accordance with the Pharmacy Act 2010 of Western Australia |
225 | Bodies corporate that are complying pharmacy corporations within the meaning of section 128A of the Health Act 1993 of the Australian Capital Territory |
226 | Bodies corporate that: (a) are authorised pharmacy business owners; and (b) conduct pharmacy businesses; within the meaning of Schedule 7 to the Health Practitioners Act of the Northern Territory |
227 | Bodies corporate that hold a permit, lease, licence or authority, however described, under: (a) the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (b) any of the following State laws: (i) the Petroleum (Offshore) Act 1982 of New South Wales; (ii) the Offshore Petroleum and Greenhouse Gas Storage Act 2010 of Victoria; (iii) the Petroleum (Submerged Lands) Act 1982 of Queensland; (iv) the Petroleum (Submerged Lands) Act 1982 of Western Australia; (v) the Petroleum (Submerged Lands) Act 1982 of South Australia; (vi) the Petroleum (Submerged Lands) Act 1982 of Tasmania; or (c) any other State law or law of the Northern Territory enacted in accordance with the Offshore Constitutional Settlement mentioned in section 5 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 |
228 | Bodies corporate that meet the following requirements: (a) the body corporate holds a licence, lease, permit or authority, however described, in relation to specified land for any of the following purposes: (i) prospecting; (ii) exploration; (iii) retention of a right; (iv) occupation or use of the land in order to mine or extract minerals, or for a purpose ancillary to mining or extraction of minerals; (b) the body corporate holds the licence, lease, permit or authority mentioned in paragraph (a) under any of the following State and Territory laws: (i) the Mining Act 1992 of New South Wales; (ii) the Mineral Resources (Sustainable Development) Act 1990 of Victoria; (iii) the Mineral Resources Act 1989 of Queensland; (iv) the Mining Act 1978 of Western Australia; (v) the Mining Act 1971 of South Australia; (vi) the Planning and Development Act 2007 of the Australian Capital Territory; (vii) the Mineral Titles Act 2010 of the Northern Territory |
229 | Bodies corporate that hold a master licence under: (a) the Security Industry Act 2003 of the Australian Capital Territory; or (b) the Security Industry Act 1997 of New South Wales |
230 | Bodies corporate that hold a security firm licence under: (a) the Private Security Act of the Northern Territory; or (b) the Security Providers Act 1993 of Queensland |
231 | Bodies corporate that hold a licence under Part 2 of the Security and Investigation Agents Act 1995 of South Australia |
232 | Bodies corporate that hold a private security business licence under the Private Security Act 2004 of Victoria |
233 | Bodies corporate that hold an agents licence under the Security and Investigations Agents Act 2002 of Tasmania |
234 | Bodies corporate that are licensed as security agents under the Security and Related Activities (Control) Act 1996 of Western Australia |
235 | Bodies corporate that, in accordance with a contract between the body corporate and Australia Post: (a) are community postal agents; or (b) operate a licensed post office or a franchised post office |
236 | Bodies corporate that are liable entities within the meaning of the Clean Energy Act 2011 |
237 | Bodies corporate that hold a Registry account within the meaning of section 4 of the Australian National Registry of Emissions Units Act 2011 |
238 | Bodies corporate that are registered training organisations within the meaning of section 3 of the National Vocational Education and Training Regulator Act 2011 |
Endnotes
Endnote 1—Legislation history
This endnote sets out details of the legislation history of the Australian Crime Commission Regulations 2002.
Number and year | Gazettal or FRLI registration date | Commencement date | Application, saving and transitional provisions |
1984 No. 132 | 4 July 1984 | 1 July 1984 (see Gazette 1984, No. S245) | |
1985 No. 3 | 1 Feb 1985 | 1 Feb 1985 | — |
1986 No. 29 | 7 Mar 1986 | 7 Mar 1986 | — |
1989 No. 138 | 30 June 1989 | 1 July 1989 | — |
1990 No. 38 | 27 Feb 1990 | 27 Feb 1990 | — |
1990 No. 270 | 21 Aug 1990 | 14 Aug 1990 | — |
1992 No. 9 | 31 Jan 1992 | 1 Feb 1992 | — |
1992 No. 280 | 8 Sept 1992 | 8 Sept 1992 | — |
1996 No. 286 | 18 Dec 1996 | 18 Dec 1996 | — |
2001 No. 294 | 9 Oct 2001 | 12 Oct 2001(see Gazette 2001, No. S428 and r. 2) | — |
2002 No. 325 | 20 Dec 2002 | 1 Jan 2003 (see r. 2) | — |
2003 No. 164 | 2 July 2003 | 2 July 2003 | — |
2003 No. 236 | 18 Sept 2003 | 18 Sept 2003 | — |
2003 No. 252 | 10 Oct 2003 | 10 Oct 2003 | — |
2004 No. 31 | 11 Mar 2004 | rr. 1–3 and Schedule 1: 11 Mar 2004 Remainder: 12 Mar 2004 | — |
2005 No. 296 | 15 Dec 2005 (see F2005L04034) | 16 Dec 2005 | — |
2006 No. 43 | 6 Mar 2006 (see F2006L00592) | rr. 1–3 and Schedule 1: 7 Mar 2006 Schedules 2, 4 and 5: 1 July 2006 (see r. 2 and F2006L01970) Schedule 3: (see r. 2 and Note 2) | — |
2006 No. 114 | 2 June 2006 (see F2006L01692) | 3 June 2006 | — |
2006 No. 219 | 25 Aug 2006 (see F2006L02563) | 26 Aug 2006 | — |
2006 No. 307 | 1 Dec 2006 (see F2006L03859) | 2 Dec 2006 | — |
2007 No. 289 | 28 Sept 2007 (see F2007L03788) | 29 Sept 2007 | — |
2010 No. 194 | 12 July 2010 (see F2010L01916) | 13 July 2010 | — |
2011 No. 120 | 30 June 2011 (see F2011L01364) | 1 July 2011 | — |
2012 No. 155 | 2 July 2012 (see F2012L01485) | 3 July 2012 | — |
2012 No. 269 | 23 Nov 2012 (see F2012L02243) | 24 Nov 2012 | — |
51, 2013 | 11 Apr 2013 (see F2013L00649) | Schedule 1 (items 2‑6): (a) | — |
(a) Section 2 (item 2) of the Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 2013 (No. 1) provides as follows:
2 Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
2. Schedule 1 | Immediately after the commencement of Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012. | 12 April 2013 |
Endnote 2—Amendment history
This endnote sets out the amendment history of the Australian Crime Commission Regulations 2002.
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted exp. = expired or ceased to have effect |
Provision affected | How affected |
r. 1...................................... | rs. 2001 No. 294; 2002 No. 325 |
r. 2...................................... | rs. 1985 No. 3; 2002 No. 325 |
r. 3...................................... | ad. 2006 No. 307 |
| rs. 2010 No. 194 |
r. 3...................................... | rs. 1985 No. 3 |
| am. 2001 No. 294 |
Renumbered r. 4.................. | 2006 No. 307 |
r. 4...................................... | ad. 1985 No. 3 |
| rep. 1986 No. 29 |
r. 5...................................... | ad. 1985 No. 3 |
r. 6...................................... | ad. 1985 No. 3 |
| rep. 1992 No. 280 |
Heading to r. 7..................... | rs. 2002 No. 325 |
r. 7...................................... | ad. 1985 No. 3 |
| am. 1986 No. 29; 2002 No. 325 |
r. 8...................................... | ad. 1985 No. 3 |
| am. 2002 No. 325 |
r. 8A.................................... | ad. 2003 No. 236 |
| am. 2003 No. 252; 2004 No. 31; No. 51, 2013 |
Heading to r. 9..................... | rs. 2001 No. 294 |
r. 9...................................... | ad. 1985 No. 3 |
| rs. 1989 No. 138 |
| am. 1990 No. 270; 2001 No. 294 |
| rep. 2002 No. 325 |
| ad. 2003 No. 164 |
| rs. 2005 No. 296; 2012 Nos. 155 and 269 |
Heading to r. 10................... | rs. 2001 No. 294 |
| rep. 2002 No. 325 |
r. 10.................................... | ad. 1989 No. 138 |
| rs. 1990 No. 270 |
| am. 1992 No. 9; 2001 No. 294 |
| rep. 2002 No. 325 |
| ad. 2012 No. 269 |
Heading to r. 11................... | rs. 2001 No. 294 |
| rs. 2002 No. 325 |
r. 11.................................... | ad. 1989 No. 138 |
| am. 1990 No. 38 |
| rs. 1990 No. 270; 1992 No. 9 |
| am. 2001 No. 294 |
| rs. 2002 No. 325 |
| rep. 2003 No. 164 |
Schedule 1 | |
Schedule 1........................... | ad. 1985 No. 3 |
Form 1................................ | ad. 1985 No. 3 |
| rs. 1996 No. 286 |
| am. 2001 No. 294 |
| rs. 2002 No. 325 |
| am. 2007 No. 289 |
Form 2................................ | ad. 1985 No. 3 |
| rep. 1986 No. 29 |
Form 3................................ | ad. 1985 No. 3 |
| am. 1989 No. 138 |
| rep. 1992 No. 280 |
Form 4................................ | ad. 1985 No. 3 |
| rs. 1996 No. 286 |
| am. 2001 No. 294 |
| rs. 2002 No. 325 |
Schedule 2 | |
Schedule 2........................... | ad. 1985 No. 3 |
| am. 2002 No. 325 |
Schedule 3 | |
Heading to Schedule 3......... | rs. 2003 No. 252 |
Note to heading to............... Schedule 3 | rep. 2003 No. 252 |
Schedule 3........................... | ad. 2003 No. 236 |
| am. 2006 No. 43 |
Part 1 | |
Part 1................................... | ad. 2003 No. 252 |
| am. 2007 No. 289 |
Part 2 | |
Part 2................................... | am. 2004 No. 31; 2006 Nos. 43 and 219 |
Part 3 | |
Part 3................................... | ad. 2007 No. 289 |
Part 4 | |
Part 4................................... | ad. 2006 No. 219 |
Part 5 | |
Part 5................................... | ad. 2007 No. 289 |
Part 6 | |
Part 6................................... | ad. 2006 No. 114 |
| am. 2007 No. 289 |
Part 7 | |
Part 7................................... | ad. 2006 No. 219 |
Part 8 | |
Part 8................................... | ad. 2006 No. 219 |
Schedule 4 | |
Heading to Schedule 4......... | rs. 2004 No. 31 |
Schedule 4........................... | ad. 2003 No. 252 |
| am. 2006 No. 43 |
Part 1 | |
Heading to Part 1................. | ad. 2004 No. 31 |
Part 2 | |
Part 2................................... | ad. 2006 No. 43 |
| am. 2006 No. 43 |
Part 3 | |
Part 3................................... | ad. 2007 No. 289 |
Part 4 | |
Part 4................................... | ad. 2006 No. 219 |
Part 5 | |
Part 5................................... | ad. 2007 No.289 |
Part 7 | |
Part 7................................... | ad. 2006 No. 219 |
Schedule 5 | |
Heading to Schedule 5......... | am. No. 51, 2013 |
Schedule 5........................... | ad. 2004 No. 31 |
Part 2 | |
Part 2................................... | ad. 2004 No. 31 |
| am. No. 51, 2013 |
Part 4 | |
Part 4................................... | ad. 2006 No. 219 |
| am. No. 51, 2013 |
Schedule 6 | |
Schedule 6........................... | ad. 2005 No. 296 |
| am. 2006 No. 307; 2007 No. 289; 2010 No. 194; 2011 No. 120 |
| rs. 2012 No. 155 |
| rep. 2012 No. 269 |
| ad. 2012 No. 269 |
Part 1................................... | ad. 2005 No. 296 |
| am. 2006 No. 307; 2007 No. 289; 2010 No. 194; 2011 No. 120 |
| rs. 2012 No. 155 |
| rep. 2012 No. 269 |
Part 2................................... | ad. 2005 No. 296 |
| am. 2007 No. 289 |
| rs. 2010 No. 194; 2012 No. 155 |
| rep. 2012 No. 269 |
Part 3................................... | ad. 2005 No. 296 |
| rs. 2010 No. 194 |
| rep. 2012 No. 155 |
Part 4................................... | ad. 2005 No. 296 |
| rs. 2010 No. 194 |
| rep. 2012 No. 155 |
Part 5................................... ............................................ | ad. 2005 No. 296 |
| rs. 2010 No. 194 |
| rep. 2012 No. 155 |
Part 6................................... | ad. 2005 No. 296 |
| rs. 2010 No. 194 |
| rep. 2012 No. 155 |
Part 7................................... | ad. 2005 No. 296 |
| rs. 2010 No. 194 |
| rep. 2012 No. 155 |
Part 8................................... | ad. 2005 No. 296 |
| rs. 2010 No. 194 |
| rep. 2012 No. 155 |
Part 9................................... | ad. 2005 No. 296 |
| rs. 2010 No. 194 |
| rep. 2012 No. 155 |
Schedule 7 | |
Schedule 7........................... | ad. 2012 No. 269 |
Part 1 | |
Part 1................................... | ad. 2012 No. 269 |
Part 2 | |
Part 2................................... | ad. 2012 No. 269 |
Endnote 3—Uncommenced amendments
This endnote sets out amendments of the Australian Crime Commission Regulations 2002 that have not yet commenced.
Australian Crime Commission Amendment Regulations 2006 (No. 1) (2006 No. 43)
1 Schedule 3, Part 2
insert in correct numerical position
2033 | Crimes (Controlled Operations) Act 2004 | subsections 12(1) and (2) | Power to apply, by means of a formal application or an urgent application, for authority to conduct a controlled operation | Member of the staff of the ACC |
2034 | Crimes (Controlled Operations) Act 2004 | subsection 12(4) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
2035 | Crimes (Controlled Operations) Act 2004 | subsection 12(5) | Power to require additional information | CEO |
2036 | Crimes (Controlled Operations) Act 2004 | subsection 12(6) | Duty to make a written record of an urgent application and give a copy of the record to the chief officer | Member of the staff of the ACC |
2037 | Crimes (Controlled Operations) Act 2004 | section 13 | Power to authorise a controlled operation by granting an authority or refuse an application for an authority | CEO |
2038 | Crimes (Controlled Operations) Act 2004 | section 14 | Duty not to grant an authority to conduct a controlled operation unless satisfied of certain matters | CEO |
2039 | Crimes (Controlled Operations) Act 2004 | section 15 | Duty not to grant an authority to conduct a cross‑border controlled operation unless satisfied of certain matters | CEO |
2040 | Crimes (Controlled Operations) Act 2004 | section 16 | Duty not to grant an authority to conduct a local major controlled operation unless satisfied of certain matters | CEO |
2041 | Crimes (Controlled Operations) Act 2004 | section 17 | Duty not to grant an authority to conduct a local minor controlled operation unless satisfied of certain matters | CEO |
2042 | Crimes (Controlled Operations) Act 2004 | subsection 18(1) | Power to grant an authority by means of a formal authority or an urgent authority | CEO |
2043 | Crimes (Controlled Operations) Act 2004 | subsection 18(3) | Duty to include certain particulars in an authority | CEO |
2044 | Crimes (Controlled Operations) Act 2004 | subsection 18(5) | Duty to ensure written notes are kept of particulars for an urgent authority | CEO |
2045 | Crimes (Controlled Operations) Act 2004 | subsection 20(1) | Power to vary an authority | CEO |
2046 | Crimes (Controlled Operations) Act 2004 | subsections 21(1) and (3) | Power to apply, by means of a formal variation application or an urgent variation application, for a variation of an authority | Member of the staff of the ACC |
2047 | Crimes (Controlled Operations) Act 2004 | subsection 21(4) | Power to require additional information | CEO |
2048 | Crimes (Controlled Operations) Act 2004 | subsection 22(1) | Power to vary an authority or refuse an application for variation | CEO |
2049 | Crimes (Controlled Operations) Act 2004 | subsection 22(2) | Duty not to vary an authority unless satisfied of the matters in sections 14, 15, 16 and 17 (as applicable) | CEO |
2050 | Crimes (Controlled Operations) Act 2004 | subsection 23(1) | Power to vary an authority by means of a formal variation of authority or an urgent variation of authority | CEO |
2051 | Crimes (Controlled Operations) Act 2004 | paragraph 23(2)(a) | Duty to ensure that written notes are kept of certain matters | CEO |
2052 | Crimes (Controlled Operations) Act 2004 | paragraph 23(2)(b) | Duty to give the applicant a written document | CEO |
2053 | Crimes (Controlled Operations) Act 2004 | section 24 | Duty to include certain particulars in a variation of authority | CEO |
2054 | Crimes (Controlled Operations) Act 2004 | subsection 25(1) | Power to cancel an authority | CEO |
2055 | Crimes (Controlled Operations) Act 2004 | subsection 25(2) | Power to request cancellation of an authority | Member of the staff of the ACC |
2056 | Crimes (Controlled Operations) Act 2004 | section 26 | Power to engage in the controlled conduct specified in an authority | Member of the staff of the ACC |
2057 | Crimes (Controlled Operations) Act 2004 | subsection 34(1) | Duty to report any loss of or serious damage to property that occurs in the course of or as a direct result of an authorised operation to chief officer | Member of the staff of the ACC |
2058 | Crimes (Controlled Operations) Act 2004 | subsection 34(2) | Duty to take all reasonable steps to notify the owner of the property of the loss or damage | CEO |
2059 | Crimes (Controlled Operations) Act 2004 | subsection 34(4) | Duty to report any personal injury that occurs in the course of or as a direct result of an authorised operation to chief officer | Member of the staff of the ACC |
2060 | Crimes (Controlled Operations) Act 2004 | section 37 | Duty to make a report, including certain details, to chief officer after completion of an authorised operation | Member of the staff of the ACC |
2061 | Crimes (Controlled Operations) Act 2004 | subsections 38(1), (2), (3) and (5) | Duty to report to Ombudsman in relation to authorised operations | CEO |
2062 | Crimes (Controlled Operations) Act 2004 | subsection 38(4) | Duty to provide additional information in relation to an authorised operation | CEO |
2063 | Crimes (Controlled Operations) Act 2004 | subsection 39(3) | Duty to advise the Ombudsman of information that should be excluded from the report before the report is laid before Parliament | CEO |
2064 | Crimes (Controlled Operations) Act 2004 | section 40 | Duty to cause certain records connected with authorised operations to be kept | CEO |
2065 | Crimes (Controlled Operations) Act 2004 | subsection 41(1) | Duty to cause a general register to be kept, specifying certain details | CEO |
2066 | Crimes (Controlled Operations) Act 2004 | subsection 42(3) | Duty to ensure that members of staff of ACC assist Ombudsman | CEO |
2067 | Crimes (Controlled Operations) Act 2004 | subsection 45(1) | Power to delegate functions | CEO |
2 Schedule 4, Part 2
insert in correct numerical position
204 | Crimes (Controlled Operations) Act 2004 | subsection 29(2) | Duty to indemnify a participant in an authorised operation against civil liability incurred by the participant in certain circumstances |
Endnote 4—Misdescribed amendments [none]
There are no misdescribed amendments.