Federal Register of Legislation - Australian Government

Primary content

SR 1984 No. 132 Regulations as amended, taking into account amendments up to Crimes Legislation (Consequential Amendments) Regulation 2015
Principal Regulations
Administered by: Attorney-General's
Registered 09 Jun 2015
Start Date 05 Jun 2015
End Date 30 Jun 2016
Date of repeal 18 Dec 2018
Repealed by Australian Crime Commission Regulations 2018
Table of contents.

Australian Crime Commission Regulations 2002

Statutory Rules No. 132, 1984

made under the

Australian Crime Commission Act 2002

Compilation No. 21

Compilation date:                              5 June 2015

Includes amendments up to:            SLI No. 76, 2015

Registered:                                         9 June 2015

 

About this compilation

This compilation

This is a compilation of the Australian Crime Commission Regulations 2002 that shows the text of the law as amended and in force on 5 June 2015 (the compilation date).

This compilation was prepared on 5 June 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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                                                                                                20

Part 3—Laws of Queensland                                                                                        35

Part 4—Laws of Western Australia                                                                         36

Part 5—Laws of South Australia                                                                               42

Part 6—Laws of Tasmania                                                                                            46

Part 7—Laws of the Australian Capital Territory                                          48

Part 8—Laws of the Northern Territory                                                              49

Schedule 4—Duties, functions and powers conferred on the ACC by State laws          61

Part 1—Laws of New South Wales                                                                           61

Part 2—Laws of Victoria                                                                                                62

Part 3—Laws of Queensland                                                                                        63

Part 4—Laws of Western Australia                                                                         64

Part 5—Laws of South Australia                                                                               65

Part 7—Laws of the Australian Capital Territory                                          66

Schedule 5—Duties, functions and powers conferred on Federal Court Judge or Federal Circuit Court Judge by State laws      67

Part 2—Laws of Victoria                                                                                                67

Part 4—Laws of Western Australia                                                                         68

Schedule 6—Disclosure of ACC information—international bodies           69

Schedule 7—Disclosure of ACC information—bodies corporate    70

Part 1—Bodies corporate                                                                                                70

Part 2—Classes of bodies corporate                                                                         74

Endnotes                                                                                                                                    79

Endnote 1—About the endnotes                                                                            79

Endnote 2—Abbreviation key                                                                                80

Endnote 3—Legislation history                                                                             81

Endnote 4—Amendment history                                                                           83


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 1Search 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 2Warrant 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 2Scale 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 3Duties, functions and powers conferred on certain persons and bodies by State laws

(subregulation 8A(2))

Part 1Laws 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 2Laws 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 3Laws of Queensland

 

Item

Law

Provision

Duty, function or power

Person or body

301

Crime and Corruption Act 2001

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

Function of being a member of the reference committee

CEO

302

Crime and Corruption Act 2001

subsection 279(4)

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

CEO

Part 4Laws 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 5Laws 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 6Laws 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 7Laws 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 8Laws 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 4Duties, functions and powers conferred on the ACC by State laws

(subregulation 8A(1))

Part 1Laws 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 2Laws 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 3Laws 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 4Laws 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 5Laws 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 7Laws 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 5Duties, functions and powers conferred on Federal Court Judge or Federal Circuit Court Judge by State laws

(subregulation 8A(3))

Part 2Laws 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 4Laws 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 6Disclosure 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 7Disclosure of ACC information—bodies corporate

(regulation 10)

Part 1Bodies 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 2Classes 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—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

 

Endnote 2—Abbreviation key

 

A = Act

orig = original

ad = added or inserted

par = paragraph(s)/subparagraph(s)

am = amended

    /sub‑subparagraph(s)

amdt = amendment

pres = present

c = clause(s)

prev = previous

C[x] = Compilation No. x

(prev…) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

    effect

rs = repealed and substituted

F = Federal Register of Legislative Instruments

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LI = Legislative Instrument

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment

SR = Statutory Rules

mod = modified/modification

Sub‑Ch = Sub‑Chapter(s)

No. = Number(s)

SubPt = Subpart(s)

o = order(s)

underlining = whole or part not

Ord = Ordinance

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

1984 No. 132

4 July 1984

4 July 1984

 

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 (r 2)

2002 No. 325

20 Dec 2002

1 Jan 2003 (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

Sch 2: 12 Mar 2004 (r 2(b))
Remainder: 11 Mar 2004 (r 2(a))

2005 No. 296

15 Dec 2005 (F2005L04034)

16 Dec 2005

2006 No. 43

6 Mar 2006 (F2006L00592)

Sch 2, 4 and 5: 1 July 2006 (r 2(1)(b), (d), (e) and F2006L01970)
Sch 3: never commenced (r 2(1)(c))
Remainder: 7 Mar 2006 (r 2(1)(a))

as repealed by

 

 

 

21, 2015

16 Mar 2015 (F2015L00297)

Sch 3 (Pt 1): 17 Mar 2015 (s 2)

2006 No. 114

2 June 2006 (F2006L01692)

3 June 2006

2006 No. 219

25 Aug 2006 (F2006L02563)

26 Aug 2006

2006 No. 307

1 Dec 2006 (F2006L03859)

2 Dec 2006

2007 No. 289

28 Sept 2007 (F2007L03788)

29 Sept 2007

2010 No. 194

12 July 2010 (F2010L01916)

13 July 2010

2011 No. 120

30 June 2011 (F2011L01364)

1 July 2011

2012 No. 155

2 July 2012 (F2012L01485)

3 July 2012

2012 No. 269

23 Nov 2012 (F2012L02243)

24 Nov 2012

51, 2013

11 Apr 2013 (F2013L00649)

Sch 1 (items 2–6): 12 Apr 2013 (s 2 item 2)

76, 2015

4 June 2015 (F2015L00787)

Sch 1 (item 1): 5 June 2015 (s 2)

 

Endnote 4—Amendment history

 

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

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

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

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

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

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

 

am No 76, 2015

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