Australian Crime Commission Regulations 2018

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Australian Crime Commission Regulations 2018

- F2018L01780
In force - Superseded Version
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Regulations as made

These regulations remake the Australian Crime Commission Regulations 2002 in their entirety, with some amendments to ensure that the regulations remain relevant and fit for purpose, enabling the Australian Criminal Intelligence Commission to perform its legislative functions under section 7A of the Australian Crime Commission Act 2002.

Administered by: Attorney-General's

+ Sunset Information

Registered

17 Dec 2018

Tabling History	Date
Tabled HR	12-Feb-2019
Tabled Senate	12-Feb-2019

Part 1—Preliminary

Part 2—Matters prescribed for purposes of Act

Schedule 1—Bodies that collect national policing information

Schedule 2—Systems that hold national policing information

Schedule 3—Forms of warrants

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

Schedule 5—Duties, functions and powers conferred on certain persons and bodies by State laws

Schedule 6—Duties, functions and powers conferred on Federal Court Judges or Federal Circuit Court Judges by State laws

Schedule 7—Disclosure of ACC information to certain international bodies

Schedule 8—Disclosure of national policing information to certain bodies

Schedule 9—Disclosure of ACC information to certain bodies corporate and classes of bodies corporate

TOC

HIDE

Commonwealth Coat of Arms of Australia

Australian Crime Commission Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 13 December 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Linda Reynolds

Assistant Minister for Home Affairs
Parliamentary Secretary to the Minister for Home Affairs

Contents

Part 1—Preliminary 1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedule 10................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—Matters prescribed for purposes of Act 2

6............ National policing information........................................................................................ 2

7............ Serious and organised crime offences........................................................................... 2

8............ Name or acronym specified for ACC............................................................................ 2

9............ Allowance for travelling and other expenses—complying with a notice under section 21A of the Act 2

10.......... Search warrant............................................................................................................... 3

11.......... Scale for payment of expenses of witnesses.................................................................. 3

12.......... Service of summons to appear before an examiner........................................................ 3

13.......... Warrant for arrest of witness......................................................................................... 5

14.......... Duties, functions and powers conferred by State laws.................................................. 5

15.......... Disclosure of ACC information to certain international bodies..................................... 5

16.......... Disclosure of national policing information to certain bodies........................................ 5

17.......... Disclosure of ACC information to certain bodies corporate and classes of bodies corporate 5

Schedule 1—Bodies that collect national policing information 6

1............ Bodies that collect national policing information........................................................... 6

Schedule 2—Systems that hold national policing information 8

1............ Systems that hold national policing information............................................................ 8

Schedule 3—Forms of warrants 9

Form 1—Search warrant under section 22 of the Act 9

Form 2—Warrant under section 31 of the Act 11

Schedule 4—Duties, functions and powers conferred on the ACC by State laws 13

Part 1—Laws of New South Wales 13

1............ Duties, functions and powers conferred on the ACC by laws of New South Wales... 13

Part 2—Laws of Victoria 14

2............ Duties, functions and powers conferred on the ACC by laws of Victoria................... 14

Part 3—Laws of Queensland 15

3............ Duties, functions and powers conferred on the ACC by laws of Queensland............. 15

Part 4—Laws of Western Australia 16

4............ Duties, functions and powers conferred on the ACC by laws of Western Australia... 16

Part 5—Laws of South Australia 17

5............ Duties, functions and powers conferred on the ACC by laws of South Australia....... 17

Part 6—Laws of Tasmania 18

6............ Duties, functions and powers conferred on the ACC by laws of Tasmania................ 18

Part 7—Laws of the Australian Capital Territory 19

7............ Duties, functions and powers conferred on the ACC by laws of the Australian Capital Territory 19

Part 8—Laws of the Northern Territory 20

8............ Duties, functions and powers conferred on the ACC by laws of the Northern Territory 20

Schedule 5—Duties, functions and powers conferred on certain persons and bodies by State laws 21

Part 1—Laws of New South Wales 21

1............ Duties, functions and powers conferred on certain persons and bodies by laws of New South Wales 21

Part 2—Laws of Victoria 27

2............ Duties, functions and powers conferred on certain persons and bodies by laws of Victoria 27

Part 3—Laws of Queensland 35

3............ Duties, functions and powers conferred on certain persons and bodies by laws of Queensland 35

Part 4—Laws of Western Australia 39

4............ Duties, functions and powers conferred on certain persons and bodies by laws of Western Australia 39

Part 5—Laws of South Australia 51

5............ Duties, functions and powers conferred on certain persons and bodies by laws of South Australia 51

Part 6—Laws of Tasmania 58

6............ Duties, functions and powers conferred on certain persons and bodies by laws of Tasmania 58

Part 7—Laws of the Australian Capital Territory 68

7............ Duties, functions and powers conferred on certain persons and bodies by laws of the Australian Capital Territory.................................................................................................................................... 68

Part 8—Laws of the Northern Territory 78

8............ Duties, functions and powers conferred on certain persons and bodies by laws of the Northern Territory 78

Schedule 6—Duties, functions and powers conferred on Federal Court Judges or Federal Circuit Court Judges by State laws 88

Part 1—Laws of Victoria 88

1............ Duties, functions and powers conferred on certain Judges by laws of Victoria.......... 88

Part 2—Laws of Western Australia 89

2............ Duties, functions and powers conferred on certain Judges by laws of Western Australia 89

Schedule 7—Disclosure of ACC information to certain international bodies 90

1............ International bodies to which ACC information may be disclosed.............................. 90

Schedule 8—Disclosure of national policing information to certain bodies 91

1............ Bodies to which national policing information may be disclosed................................ 91

Schedule 9—Disclosure of ACC information to certain bodies corporate and classes of bodies corporate 92

Part 1—Bodies corporate to which ACC information may be disclosed 92

1............ Bodies corporate to which ACC information may be disclosed.................................. 92

Part 2—Classes of bodies corporate to which ACC information may be disclosed 96

2............ Classes of bodies corporate to which ACC information may be disclosed.................. 96

Schedule 10—Repeals 99

Australian Crime Commission Regulations 2002 99

Part 1—Preliminary

1 Name

This instrument is the Australian Crime Commission Regulations 2018.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	18 December 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Australian Crime Commission Act 2002.

4 Schedule 10

Each instrument that is specified in Schedule 10 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) ACC;

(b) Board;

(d) examiner;

(e) member of the staff of the ACC.

In this instrument:

Act means the Australian Crime Commission Act 2002.

Part 2—Matters prescribed for purposes of Act

6 National policing information

Bodies that collect national policing information

(1) For the purposes of subparagraph (a)(iii) of the definition of national policing information in subsection 4(1) of the Act, the following bodies are prescribed:

(a) a body or organisation that is approved by the CEO as an accredited body under subsection 46A(5) of the Act;

(b) a body mentioned in Schedule 1.

Kinds of national policing information

(2) For the purposes of paragraph (b) of the definition of national policing information in subsection 4(1) of the Act, information that is held under, or that relates to the administration of, a system mentioned in Schedule 2 is prescribed.

7 Serious and organised crime offences

For the purposes of 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.

8 Name or acronym specified for ACC

For the purposes of subsection 7(1A) of the Act, each of the following names and acronyms is specified:

(a) the Australian Criminal Intelligence Commission;

(b) the ACIC;

9 Allowance for travelling and other expenses—complying with a notice under section 21A of the Act

For the purposes of section 21F of the Act, the following allowances are prescribed:

(a) for a person’s travel to appear before an examiner or member of the staff of the ACC—such amount as is reasonable:

(i) for the person’s travel to and from the place at which the person is required to attend; and

(ii) if the person is required to be absent overnight from the person’s usual place of residence—for meals and accommodation;

(b) for other expenses incurred by a person’s appearance before an examiner or member of the staff of the ACC:

(i) in the case of a person remunerated by wages, salary or fee—such amount as is lost by the person’s appearance before the examiner or staff member; and

(ii) in any other case—$25.00 per hour of the person’s appearance before the examiner or staff member.

10 Search warrant

A warrant issued by an issuing officer under section 22 of the Act may be in accordance with Form 1 in Schedule 3.

11 Scale for payment of expenses of witnesses

For the purposes of section 26 of the Act, the prescribed scale is the scale set out in the following table.

Scale for payment of expenses of witness
Item	Witness	Expenses
1	Witness appearing because of the witness’ professional, scientific or other special skill or knowledge	The amount provided for in the Royal Commissions Regulations 2001 in relation to expenses of witnesses possessing such skill or knowledge
2	Witness appearing for any other reason	In the case of a witness remunerated by wages, salary or fee—such amount as is lost by the witness’ attendance In any other case—such amount as is provided for in the Royal Commissions Regulations 2001 in relation to expenses of witnesses generally
3	In addition to items 1 and 2—witness appearing to give expert evidence	A reasonable amount for qualifying to give that evidence
4	In addition to items 1 and 2—any witness	Such amount as is reasonable: (a) for the witness’ travel to and from the place at which the witness attends; and (b) if the witness is required to be absent overnight from the witness’ usual place of residence—for meals and accommodation

12 Service of summons to appear before an examiner

(1) For the purposes of subsection 30(1) and paragraph 30(2)(c) of the Act, this section prescribes the manner of serving a summons.

Service on a natural person

(2) Subject to subsection (4), if the person named in the summons is a natural person, the summons is to be served by:

(a) delivering a copy of the summons to the person personally; or

(b) if on delivery 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; or

(i) 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 who is, or is reasonably believed to be, residing, or employed, at that place; or

(ii) 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 the last known or usual postal address of the person; or

(d) if a Judge has, subject to subsection (5), given a direction for the service of the summons:

(i) 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

(ii) 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.

Service on a body corporate

(3) Subject to subsection (4), if the person named in the summons is a body corporate, the summons is to be served by:

(a) delivering a copy of the summons to a person:

(i) who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate; and

(ii) who is, or is reasonably believed to be, over 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

(b) if on delivery of the copy the person refuses to accept it—leaving it at or upon the premises where the person is; or

(c) 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 to a postal address of the body corporate.

Service to an electronic address etc.

(4) A summons may be served:

(a) if the person named in the summons has nominated an electronic address for service in a document given to the ACC by the person—by sending it to the nominated electronic address for service; or

(b) in any manner that the summons would be required or permitted to be served on the person named in the summons under rule 10.02, 10.03, 10.04, 10.05, 10.09 or 10.22 of the Federal Court Rules 2011 if:

(i) the summons were a document of a kind to which the rule applied; and

(ii) the person were a person of a kind to which the rule applied.

Directions by a Judge

(5) A Judge must not give a direction mentioned in paragraph (2)(d) in relation to the service of a summons on a person unless the Judge is satisfied upon information given in writing by an examiner that:

(a) service of the summons on the person in a manner specified in paragraph (2)(a), (b) or (c) 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 (2)(d) would result in the summons coming to the notice of the person.

(6) In this section, Judge means:

(a) a Judge of the Federal Court; or

(b) a Judge of the Federal Circuit Court; or

13 Warrant for arrest of witness

A warrant issued under section 31 of the Act for the apprehension of a person may be in accordance with Form 2 in Schedule 3.

14 Duties, functions and powers conferred by State laws

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

(2) For the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 5 is a kind of duty, function or power that a law of a State may confer on the person or body mentioned in the item.

(3) For the purposes of subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 6 is a kind of duty, function or power that a law of a State may confer on a Judge of the Federal Court or a Judge of the Federal Circuit Court, as mentioned in the item.

15 Disclosure of ACC information to certain international bodies

For the purposes of paragraph 59AA(1)(d) of the Act, an international body mentioned in Schedule 7 is prescribed.

16 Disclosure of national policing information to certain bodies

For the purposes of paragraph 59AA(1B)(g) of the Act, a body mentioned in Schedule 8 is prescribed.

17 Disclosure of ACC information to certain bodies corporate and classes of bodies corporate

For the purposes of subsection 59AB(1) of the Act, a body corporate, or a class of bodies corporate, mentioned in Schedule 9 is prescribed.

Schedule 1—Bodies that collect national policing information

Note: See subsection 6(1).

1 Bodies that collect national policing information

The following table sets out bodies that are prescribed for the purposes of subparagraph (a)(iii) of the definition of national policing information in subsection 4(1) of the Act.

Bodies that collect national policing information
Item	Body
1	Access Canberra
2	ACT Corrective Services
3	Attorney‑General’s Department of South Australia
4	Australian Communications and Media Authority
5	Australian Criminal Intelligence Commission
6	Australian Electoral Commission
7	Australian Government Attorney‑General’s Department
8	Australian Government Department of Defence
9	Australian Government Department of Foreign Affairs and Trade
10	Australian Government Department of Health
11	Australian Government Department of Home Affairs
12	Australian Government Department of Human Services
13	Australian Securities and Investments Commission
14	Australian Security Intelligence Organisation
15	Australian Taxation Office
16	Australian Transaction Reports and Analysis Centre
17	Austroads Ltd (ACN 136 812 390)
18	Courts Administration Authority of South Australia
19	Court Services Victoria
20	Department for Correctional Services of South Australia
21	Department of Communities of Western Australia
22	Department of Human Services of South Australia
23	Department of Justice and Attorney‑General of Queensland
24	Department of Justice and Regulation of Victoria
25	Department of Justice of New South Wales
26	Department of Justice of Tasmania
27	Department of Justice of Western Australia
28	Department of Police, Fire and Emergency Management of Tasmania
29	Department of the Attorney‑General and Justice of the Northern Territory
30	Federal Bureau of Investigation of the United States of America
31	Geoscience Australia
32	Justice and Community Safety Directorate of the Australian Capital Territory
33	Magistrates Court of Tasmania
34	Magistrates’ Court of Victoria
35	New Zealand Police
36	Northern Territory Police, Fire and Emergency Services
37	Office of the Children’s Guardian of New South Wales
38	Queensland Corrective Services
39	The International Criminal Police Organization—INTERPOL
40	Victorian Institute of Forensic Medicine

Schedule 2—Systems that hold national policing information

Note: See subsection 6(2).

1 Systems that hold national policing information

Information that is held under, or that relates to the administration of, a system mentioned in the following table is prescribed for the purposes of paragraph (b) of the definition of national policing information in subsection 4(1) of the Act.

Systems that hold national policing information
Item	System
1	Any system that alerts a person conducting a working with children check, or a vulnerable person assessment, on a person (the *applicant*) to a decision previously made by any Australian jurisdiction in respect of an application by the applicant for such a check or assessment in that jurisdiction
2	CrimTrac Audit Log Integration Facility
3	The Australian Ballistic Information Network
4	The Australian Firearms Information Network
5	The Australian National Child Offender Register
6	The Biometric Identification Services System
7	The Child Exploitation Tracking System
8	The End User Declaration Online System
9	The External Agency Management System
10	The Managed Person System
11	The National Automated Fingerprint Identification System
12	The National Child Offender System
13	The National Criminal Intelligence System (*NCIS*), including any interim, developmental or pre‑production NCIS systems
14	The National Criminal Investigation DNA Database
15	The National Firearm Licensing Registration System
16	The National Firearms Identification Database
17	The National Missing Person and Victim System—DVI (Disaster Victim Identification)
18	The National Missing Person and Victim System—MPUB (Missing Person and Unidentified Bodies)
19	The National Names Index
20	The National Order Reference Solution
21	The National Police Checking Service Support System
22	The National Police Reference System
23	The National Vehicle of Interest System

Schedule 3—Forms of warrants

Note: See sections 10 and 13.

Form 1—Search warrant under section 22 of the Act

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 ACIC *[operation] *[investigation] specified in Schedule 2;

I, (insert full name of issuing officer), a Judge 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 ACIC *[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 ACIC *[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 ACIC *[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 ACIC 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 ACIC *[operation] *[investigation] is (insert description of the special ACIC operation/investigation).

2. The federally relevant criminal activity that is the subject of the ACIC special *[operation] *[investigation] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates).

3. The ACIC is conducting a special *[operation] *[investigation], in accordance with a determination by the Board of the ACIC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the *[intelligence operation] *[investigation into matters relating to federally relevant criminal activity] is a special *[operation] *[investigation]. The determination of the Board is (insert details of the determination of the Board).

*Omit if inapplicable

Form 2—Warrant under section 31 of the Act

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 or affirmation 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:

(d) 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 4—Duties, functions and powers conferred on the ACC by State laws

Note: See subsection 14(1).

Part 1—Laws of New South Wales

1 Duties, functions and powers conferred on the ACC by laws of New South Wales

A duty, function or power under a provision of a law of New South Wales mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.

Laws of New South Wales
Item	Law	Provision	Duty, function or power
1	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 20(2)	Duty to indemnify an issuing agency, and an officer of the agency, for any liability properly incurred
2	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 23(2)	Duty to indemnify an authorised person for any liability properly incurred
3	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 30(2)	Duty to indemnify an issuing agency, and an officer of the agency, for any liability properly incurred

Part 2—Laws of Victoria

2 Duties, functions and powers conferred on the ACC by laws of Victoria

A duty, function or power under a provision of a law of Victoria mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.

Laws of Victoria
Item	Law	Provision	Duty, function or power
1	Crimes (Assumed Identities) Act 2004	subsection 18(2)	Duty to indemnify an issuing agency, or an officer of an issuing agency, in certain circumstances
2	Crimes (Assumed Identities) Act 2004	subsection 21(2)	Duty to indemnify an authorised person in certain circumstances
3	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
4	Crimes (Controlled Operations) Act 2004	subsection 29(2)	Duty to indemnify a participant in an authorised operation against civil liability

Part 3—Laws of Queensland

3 Duties, functions and powers conferred on the ACC by laws of Queensland

A duty, function or power under a provision of a law of Queensland mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.

Laws of Queensland
Item	Law	Provision	Duty, function or power
1	Police Powers and Responsibilities Act 2000	subsection 684(3)	Power to require a police officer to record information in another entity’s register
2	Witness Protection Act 2000	subsection 6(1)	Power to apply to include a person in the program
3	Witness Protection Act 2000	subparagraph 43(1)(b)(i)	Power to notify the chairperson that a protected person is under investigation etc. for a serious offence (as defined in subsection 43(3))

Part 4—Laws of Western Australia

4 Duties, functions and powers conferred on the ACC by laws of Western Australia

A duty, function or power under a provision of a law of Western Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.

Laws of Western Australia
Item	Law	Provision	Duty, function or power
1	First Home Owner Grant Regulations 2000	subregulation 11(1)	Power to receive confidential information
2	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
3	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
4	Surveillance Devices Act 1998	subsection 41(2)	Duty to consult before destroying certain records or reports
5	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
6	Surveillance Devices Regulations 1999	paragraph 7(1)(a)	Duty to keep Part 5 records in a secure place
7	Surveillance Devices Regulations 1999	paragraph 7(1)(b)	Duty to destroy Part 5 records
8	Surveillance Devices Regulations 1999	subregulation 7(2)	Duty to keep records concerning Part 5 records

Part 5—Laws of South Australia

5 Duties, functions and powers conferred on the ACC by laws of South Australia

A duty, function or power under a provision of a law of South Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.

Laws of South Australia
Item	Law	Provision	Duty, function or power
1	Criminal Investigation (Covert Operations) Act 2009	section 17	Duty to indemnify an issuing agency and its officers
2	Criminal Investigation (Covert Operations) Act 2009	section 20	Duty to indemnify an authorised person
3	Criminal Investigation (Covert Operations) Act 2009	subsection 23(2)	Duty to indemnify an issuing agency and its officers
4	Surveillance Devices Act 2016	paragraph 31(a)	Duty to keep, as records, copies of applications for warrants and copies of warrants
5	Surveillance Devices Act 2016	paragraph 31(b)	Duty to keep information and material derived from the use of a listening or surveillance device
6	Surveillance Devices Act 2016	paragraph 31(c)	Duty to control, manage access to and destroy records, information and material

Part 6—Laws of Tasmania

6 Duties, functions and powers conferred on the ACC by laws of Tasmania

A duty, function or power under a provision of a law of Tasmania mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.

Laws of Tasmania
Item	Law	Provision	Duty, function or power
1	Police Powers (Assumed Identities) Act 2006	subsection 20(2)	Duty to indemnify an issuing agency and its officers
2	Police Powers (Assumed Identities) Act 2006	subsection 23(2)	Duty to indemnify an authorised person
3	Police Powers (Assumed Identities) Act 2006	subsection 29(2)	Duty to indemnify an issuing agency and its officers
4	Police Powers (Controlled Operations) Act 2006	subsection 19(2)	Duty to indemnify a participant in an authorised operation against civil liability

Part 7—Laws of the Australian Capital Territory

7 Duties, functions and powers conferred on the ACC by laws of the Australian Capital Territory

A duty, function or power under a provision of a law of the Australian Capital Territory mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.

Laws of the Australian Capital Territory
Item	Law	Provision	Duty, function or power
1	Gambling and Racing Control Act 1999	paragraph 37(d)	Power to authorise a person to receive information
2	Taxation Administration Act 1999	paragraph 97(d)	Power to authorise a person to receive information

Part 8—Laws of the Northern Territory

8 Duties, functions and powers conferred on the ACC by laws of the Northern Territory

A duty, function or power under a provision of a law of the Northern Territory mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.

Laws of the Northern Territory
Item	Law	Provision	Duty, function or power
1	Police (Special Investigative and Other Powers) Act	subsection 21(2)	Duty to indemnify a participant on a controlled operation against civil liability
2	Police (Special Investigative and Other Powers) Act	subsection 55(2)	Duty to indemnify an issuing agency and its officers
3	Police (Special Investigative and Other Powers) Act	subsection 59(2)	Duty to indemnify an authorised person
4	Police (Special Investigative and Other Powers) Act	subsection 65(2)	Duty to indemnify an issuing agency and its officers

Schedule 5—Duties, functions and powers conferred on certain persons and bodies by State laws

Note: See subsection 14(2).

Part 1—Laws of New South Wales

1 Duties, functions and powers conferred on certain persons and bodies by laws of New South Wales

A duty, function or power under a provision of a law of New South Wales mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.

Laws of New South Wales
Item	Law	Provision	Duty, function or power	Person or body
1	Births, Deaths and Marriages Registration Regulation 2017	clause 17	Power to apply for an old birth certificate	Member of the staff of the ACC
2	Crime Commission Act 2012	paragraph 50(1)(c)	Duty to serve on Management Committee	Chair of the Board
3	Crime Commission Act 2012	subsection 51(1)	Functions of the Management Committee	Chair of the Board
4	Crime Commission Act 2012	subsections 51(2) and (3)	Duty to be satisfied of certain matters	Chair of the Board
5	Crime Commission Act 2012	section 52	Duty to review, and power to renew, reference	Chair of the Board
6	Crime Commission Act 2012	section 53	Power to impose limitations	Chair of the Board
7	Crime Commission Act 2012	section 55	Power to obtain independent legal advice	Chair of the Board
8	Crime Commission Act 2012	section 57	Power to give directions and furnish guidelines and duty to furnish, and consult about, certain guidelines	Chair of the Board
9	Crime Commission Act 2012	subsection 58(1)	Power to make arrangements	Chair of the Board
10	Crime Commission Act 2012	subsection 58(3)	Power to give directions and furnish guidelines	Chair of the Board
11	Crime Commission Act 2012	subclause 7(2) of Schedule 2	Power to appoint a person to attend a meeting of the Management Committee	Chair of the Board
12	Crime Commission Act 2012	subclause 7(4) of Schedule 2	Functions of a member of the Management Committee	Chair of the Board
13	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 6(1)	Power to grant or refuse to grant an authority to acquire or use an assumed identity	CEO
14	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 6(2)	Duty not to grant an authority unless satisfied of certain matters	CEO
15	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 6(3)	Duty to appoint a member of staff of the ACC to supervise the acquisition or use of an assumed identity by an authorised civilian	CEO
16	Law Enforcement and National Security (Assumed Identities) Act 2010	section 9	Power to vary or cancel an authority to acquire or use an assumed identity	CEO
17	Law Enforcement and National Security (Assumed Identities) Act 2010	section 10	Duty to review each authority granted	CEO
18	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 11(2)	Power to apply for an order to make an entry in the Births, Deaths and Marriages Register	CEO
19	Law Enforcement and National Security (Assumed Identities) Act 2010	section 13	Duty to apply for an order to cancel an entry that has been made in a register of births, deaths and marriages	CEO
20	Law Enforcement and National Security (Assumed Identities) Act 2010	sections 15 and 27	Power to request the chief officer of an issuing agency to do certain things	CEO
21	Law Enforcement and National Security (Assumed Identities) Act 2010	sections 18 and 29	Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity	CEO
22	Law Enforcement and National Security (Assumed Identities) Act 2010	sections 20 and 30	Duty to indemnify an issuing agency or an officer of the agency	CEO
23	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 21(1) and section 31	Power to acquire or use (or both) an assumed identity	Member of the staff of the ACC
24	Law Enforcement and National Security (Assumed Identities) Act 2010	section 26	Power to make certain representations about an authorised person	CEO
25	Law Enforcement and National Security (Assumed Identities) Act 2010	section 35	Duty to report to the Minister on authorities and assumed identities	CEO
26	Law Enforcement and National Security (Assumed Identities) Act 2010	section 36	Duty to cause appropriate records to be kept	CEO
27	Law Enforcement and National Security (Assumed Identities) Act 2010	section 37	Duty to arrange for the records to be audited and appoint a person to conduct the audit	CEO
28	Law Enforcement and National Security (Assumed Identities) Act 2010	subsection 39(2)	Power to delegate functions	CEO
29	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
30	Law Enforcement (Controlled Operations) Act 1997	subsection 5(2A)	Duty to provide certain particulars	Member of the staff of the ACC
31	Law Enforcement (Controlled Operations) Act 1997	subsection 5(3)	Power to require additional information	CEO
32	Law Enforcement (Controlled Operations) Act 1997	subsection 6(1)	Power to authorise or refuse to authorise a controlled operation	CEO
33	Law Enforcement (Controlled Operations) Act 1997	subsection 6(2)	Duty not to grant authority unless code of conduct is prescribed by the regulations	CEO
34	Law Enforcement (Controlled Operations) Act 1997	subsection 6(3)	Duty to be satisfied of certain matters	CEO
35	Law Enforcement (Controlled Operations) Act 1997	subsection 6(4)	Duty to have regard to certain matters	CEO
36	Law Enforcement (Controlled Operations) Act 1997	subsection 8(2)	Duty to include certain details in an authority	CEO
37	Law Enforcement (Controlled Operations) Act 1997	subsection 8(5)	Duty to ensure that written notes are kept of certain matters	CEO
38	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
39	Law Enforcement (Controlled Operations) Act 1997	subsection 10(2)	Power to require additional information	CEO
40	Law Enforcement (Controlled Operations) Act 1997	subsection 10(3)	Power to vary an authority or refuse an application for a variation	CEO
41	Law Enforcement (Controlled Operations) Act 1997	subsection 10(4)	Duty to be satisfied of certain matters	CEO
42	Law Enforcement (Controlled Operations) Act 1997	subsection 10(6)	Duty to use form of authority	CEO
43	Law Enforcement (Controlled Operations) Act 1997	subsection 10(8)	Duty to ensure that written notes are kept of certain matters	CEO
44	Law Enforcement (Controlled Operations) Act 1997	section 12	Power to cancel an authority	CEO
45	Law Enforcement (Controlled Operations) Act 1997	section 13	Power to engage in certain controlled activities	Member of the staff of the ACC
46	Law Enforcement (Controlled Operations) Act 1997	section 13B	Function of principal law enforcement officer	Member of the staff of the ACC
47	Law Enforcement (Controlled Operations) Act 1997	subsection 14(1)	Power to apply for retrospective authority	Member of the staff of the ACC
48	Law Enforcement (Controlled Operations) Act 1997	subsection 14(2)	Power to permit the manner of application for retrospective authority	CEO
49	Law Enforcement (Controlled Operations) Act 1997	subsection 14(3)	Power to require information	CEO
50	Law Enforcement (Controlled Operations) Act 1997	subsection 14(4)	Power to grant or refuse application for retrospective authority	CEO
51	Law Enforcement (Controlled Operations) Act 1997	subsection 14(5)	Duty to be satisfied of certain matters	CEO
52	Law Enforcement (Controlled Operations) Act 1997	section 15	Duty to report	Member of the staff of the ACC
53	Law Enforcement (Controlled Operations) Act 1997	section 17	Power to issue a certificate certifying certain matters	CEO
54	Law Enforcement (Controlled Operations) Act 1997	section 20C	Additional duties when making an application under section 5 for a cross border controlled operation	Member of the staff of the ACC
55	Law Enforcement (Controlled Operations) Act 1997	section 20D	Duty to be satisfied of additional matters before granting an authority to conduct a cross border controlled operation	CEO
56	Law Enforcement (Controlled Operations) Act 1997	section 20E	Duty to include certain additional details in an authority for a cross border controlled operation	CEO
57	Law Enforcement (Controlled Operations) Act 1997	section 20G	Power to apply for variation of authority for a cross border controlled operation for an additional purpose	Member of the staff of the ACC
58	Law Enforcement (Controlled Operations) Act 1997	section 21	Duty to give a notice to the Inspector	CEO
59	Law Enforcement (Controlled Operations) Act 1997	section 29	Power to delegate	CEO
60	Law Enforcement (Controlled Operations) Regulation 2017	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
61	Law Enforcement (Controlled Operations) Regulation 2017	clause 6	Duty to use form for grant of authority	CEO
62	Law Enforcement (Controlled Operations) Regulation 2017	clause 7	Power to make an urgent variation application, and duty to ensure that written notes are kept of certain information	Member of the staff of the ACC
63	Law Enforcement (Controlled Operations) Regulation 2017	clause 8	Duty to use form for grant of variation of authority	CEO
64	Law Enforcement (Controlled Operations) Regulation 2017	clause 9	Duty to include certain matters in report	Member of the staff of the ACC
65	Law Enforcement (Controlled Operations) Regulation 2017	clause 11	Duty to include certain details in a notice given to the Inspector with respect to the granting of an authority	CEO
66	Law Enforcement (Controlled Operations) Regulation 2017	clause 12	Duty to include certain details in a notice given to the Inspector with respect to the variation of an authority	CEO
67	Law Enforcement (Controlled Operations) Regulation 2017	clause 13	Duty to include certain details in a notice given to the Inspector with respect to the receipt of a report	CEO
68	Law Enforcement (Controlled Operations) Regulation 2017	Schedule 2, as applied by clause 10	Duty to act in good faith, disclose certain matters, refrain from certain conduct, brief participants, comply with lawful directions and report breaches of code	Member of the staff of the ACC
69	Law Enforcement (Powers and Responsibilities) Regulation 2016	clause 19	Power to act as custody manager	Member of the staff of the ACC
70	Witness Protection Act 1995	section 15	Power to apply to have a new entry made in a register and a document issued, and duty to provide evidence	CEO

Part 2—Laws of Victoria

2 Duties, functions and powers conferred on certain persons and bodies by laws of Victoria

A duty, function or power under a provision of a law of Victoria mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.

Laws of Victoria
Item	Law	Provision	Duty, function or power	Person or body
1	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
2	Crimes (Assumed Identities) Act 2004	paragraph 4(3)(a)	Power to approve form of application for authority	CEO
3	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
4	Crimes (Assumed Identities) Act 2004	subsection 4(4)	Power to require additional information	CEO
5	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
6	Crimes (Assumed Identities) Act 2004	subsection 5(2)	Duty not to grant an authority unless satisfied of certain matters	CEO
7	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
8	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
9	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
10	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
11	Crimes (Assumed Identities) Act 2004	paragraph 6(1)(a)	Power to approve the form of an authority	CEO
12	Crimes (Assumed Identities) Act 2004	subsections 6(2) and (3)	Duty to include certain particulars in an authority	CEO
13	Crimes (Assumed Identities) Act 2004	paragraph 8(1)(a)	Power to vary or cancel an authority	CEO
14	Crimes (Assumed Identities) Act 2004	paragraph 8(1)(b)	Duty to cancel an authority	CEO
15	Crimes (Assumed Identities) Act 2004	subsection 8(2)	Duty to give written notice of the variation or cancellation of an authority	CEO
16	Crimes (Assumed Identities) Act 2004	subsection 8(3)	Duty to give reasons for the variation or cancellation of an authority	CEO
17	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
18	Crimes (Assumed Identities) Act 2004	subsection 9(4)	Duty to cancel an authority	CEO
19	Crimes (Assumed Identities) Act 2004	subsection 9(5)	Duty to record an opinion and reasons for it, in writing	CEO
20	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
21	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
22	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
23	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
24	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
25	Crimes (Assumed Identities) Act 2004	subsection 19(1)	Power to acquire or use an assumed identity	Member of the staff of the ACC
26	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
27	Crimes (Assumed Identities) Act 2004	subsection 31(1)	Duty to submit a report to the Minister	CEO
28	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
29	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
30	Crimes (Assumed Identities) Act 2004	subsection 33(1)	Duty to arrange for records to be audited	CEO
31	Crimes (Assumed Identities) Act 2004	subsection 33(2)	Power to appoint auditor	CEO
32	Crimes (Assumed Identities) Act 2004	section 34	Power to delegate functions to senior officers	CEO
33	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BB(1)	Power to give a witness identity protection certificate	CEO
34	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BB(2)	Duty to make all reasonable enquiries	CEO
35	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BB(3)	Duty not to give a witness identity protection certificate until a statutory declaration is obtained	CEO
36	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BC(1)	Duty to make a statutory declaration	Member of the staff of the ACC
37	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BD(1)	Duty to state certain information in a witness identity protection certificate	CEO
38	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BD(2)	Duty not to state certain information in a witness identity protection certificate	CEO
39	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BF(2)	Duty to cancel a witness identity protection certificate	CEO
40	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BF(3)	Duty to give notice that a witness identity protection certificate has been cancelled	CEO
41	Evidence (Miscellaneous Provisions) Act 1958	subsections 42BG(2) and (3)	Power to permit a person to give information	CEO
42	Evidence (Miscellaneous Provisions) Act 1958	subsections 42BI(1), (2) and (3)	Duty to submit a report to the Minister	CEO
43	Evidence (Miscellaneous Provisions) Act 1958	subsection 42BJ(2)	Power to delegate functions	CEO
44	Surveillance Devices Act 1999	subsection 15(1)	Power to apply for a surveillance device warrant	Member of the staff of the ACC
45	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
46	Surveillance Devices Act 1999	subsections 15(2), (3), (4), (5), (6) and (6A)	Duty to comply with requirements for making an application for a surveillance device warrant	Member of the staff of the ACC
47	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
48	Surveillance Devices Act 1999	subsection 16(2)	Duty to transmit an affidavit in certain circumstances	Member of the staff of the ACC
49	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
50	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
51	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
52	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
53	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
54	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
55	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
56	Surveillance Devices Act 1999	subsection 20A(2)	Duty to revoke a surveillance device warrant	CEO
57	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
58	Surveillance Devices Act 1999	subsection 20B(3)	Duty to ensure that use of a surveillance device authorised by a warrant is discontinued	CEO
59	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
60	Surveillance Devices Act 1999	subsection 20C(1)	Power to apply for a retrieval warrant	Member of the staff of the ACC
61	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
62	Surveillance Devices Act 1999	subsections 20C(2), (3), (4), (5), (6) and (6A)	Duty to comply with requirements for making an application for a retrieval warrant	Member of the staff of the ACC
63	Surveillance Devices Act 1999	subsection 20D(1)	Power to make a remote application for a retrieval warrant	Member of the staff of the ACC
64	Surveillance Devices Act 1999	subsection 20D(2)	Duty to transmit an affidavit in certain circumstances	Member of the staff of the ACC
65	Surveillance Devices Act 1999	section 20G	Power to act in accordance with retrieval warrant	Member of the staff of the ACC
66	Surveillance Devices Act 1999	subsection 20H(3)	Duty to revoke a retrieval warrant	CEO
67	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
68	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
69	Surveillance Devices Act 1999	subsections 21(2), (2A) and (3)	Duty to comply with requirements for making an application	Member of the staff of the ACC
70	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
71	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
72	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
73	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
74	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
75	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
76	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
77	Surveillance Devices Act 1999	subsections 28(2) and (2A)	Duty to comply with requirements for making an application for approval	CEO, or a member of the staff of the ACC
78	Surveillance Devices Act 1999	paragraph 30H(1)(a)	Duty to ensure that records and reports are kept securely	CEO
79	Surveillance Devices Act 1999	paragraph 30H(1)(b)	Duty to destroy records and reports	CEO
80	Surveillance Devices Act 1999	section 30K	Duty to report to judge or magistrate, including certain details	Member of the staff of the ACC
81	Surveillance Devices Act 1999	subsections 30L(1), (2) and (3)	Duty to submit annual report to the Minister	CEO
82	Surveillance Devices Act 1999	subsection 30L(4)	Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament	CEO
83	Surveillance Devices Act 1999	section 30M	Duty to keep documents connected with warrants and emergency authorisations	CEO
84	Surveillance Devices Act 1999	section 30N	Duty to keep other records in connection with warrants and emergency authorisations	CEO
85	Surveillance Devices Act 1999	section 30O	Duty to cause register of warrants and emergency authorisations, including certain details, to be kept	CEO
86	Surveillance Devices Act 1999	subsection 30P(3)	Duty to ensure that members of the staff of the ACC assist the Victorian Inspectorate	CEO
87	Surveillance Devices Act 1999	subsection 36(1)	Power to issue a written evidentiary certificate	CEO, or a member of the staff of the ACC
88	Witness Protection Act 1991	subsection 6(1A)	Power to apply for an order for authorisation	CEO
89	Witness Protection Act 1991	subsection 6(2)	Duty to provide evidence	CEO
90	Witness Protection Act 1991	subsection 8(1)	Power to make a new entry in the register of births or register of marriages	Member of the staff of the ACC
91	Witness Protection Act 1991	paragraph 9(2)(b)	Power to apply to the Supreme Court for an order that the entry be cancelled	CEO
92	Witness Protection Act 1991	subsection 9(4)	Power to cancel an entry in the register of births or register of marriages	Member of the staff of the ACC
93	Witness Protection Act 1991	subsection 10(2)	Power to disclose former identity	CEO, or a member of the staff of the ACC
94	Witness Protection Act 1991	section 15	Power to give a certificate	CEO
95	Witness Protection Act 1991	subsection 21(1)	Power to make arrangements with the Chief Commissioner of Police	CEO

Part 3—Laws of Queensland

3 Duties, functions and powers conferred on certain persons and bodies by laws of Queensland

A duty, function or power under a provision of a law of Queensland mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.

Laws of Queensland
Item	Law	Provision	Duty, function or power	Person or body
1	Crime and Corruption Act 2001	paragraph 278(1)(e) and subsection 278(1A)	Function of being a member of the reference committee	CEO
2	Crime and Corruption Act 2001	subsection 279(4)	Power to appoint person as deputy for the CEO for a reference committee meeting	CEO
3	Police Powers and Responsibilities Act 2000	subsection 328(1)	Power to apply for a surveillance device warrant	Member of the staff of the ACC
4	Police Powers and Responsibilities Act 2000	subsections 328(3) and (4)	Duty to comply with requirements for making an application for a surveillance device warrant	Member of the staff of the ACC
5	Police Powers and Responsibilities Act 2000	subsection 328(8)	Duty to advise the public interest monitor of an application	Member of the staff of the ACC
6	Police Powers and Responsibilities Act 2000	subsection 328(9)	Duty to give information as required by judge or magistrate	Member of the staff of the ACC
7	Police Powers and Responsibilities Act 2000	paragraph 329(1)(a)	Power to be present at consideration of application	Member of the staff of the ACC
8	Police Powers and Responsibilities Act 2000	subsections 332(1) to (4)	Power to act in accordance with a surveillance device warrant	Member of the staff of the ACC
9	Police Powers and Responsibilities Act 2000	subsection 332(6)	Duty to use a surveillance device under a warrant only in the performance of duty	Member of the staff of the ACC
10	Police Powers and Responsibilities Act 2000	subsection 333(1)	Power to apply for extension or amendment of surveillance device warrant	Member of the staff of the ACC
11	Police Powers and Responsibilities Act 2000	subsection 333(3)	Duty to comply with requirements in section 328 for making an application under subsection 333(1)	Member of the staff of the ACC
12	Police Powers and Responsibilities Act 2000	subsection 335(2)	Duty to inform the CEO if use of a surveillance device under a warrant is no longer necessary	Member of the staff of the ACC
13	Police Powers and Responsibilities Act 2000	subsection 335(3)	Duty to ensure that use of a surveillance device under a warrant is discontinued if no longer necessary and notify the public interest monitor	CEO
14	Police Powers and Responsibilities Act 2000	subsection 335(5)	Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued	CEO
15	Police Powers and Responsibilities Act 2000	subsection 336(1)	Power to apply for a retrieval warrant	Member of the staff of the ACC
16	Police Powers and Responsibilities Act 2000	subsections 336(2) and (3)	Duty to comply with requirements for making an application for a retrieval warrant	Member of the staff of the ACC
17	Police Powers and Responsibilities Act 2000	subsection 336(4)	Duty to advise the public interest monitor of application for a retrieval warrant	Member of the staff of the ACC
18	Police Powers and Responsibilities Act 2000	subsection 336(5)	Duty to provide information as required by judge or magistrate	Member of the staff of the ACC
19	Police Powers and Responsibilities Act 2000	paragraph 337(1)(a)	Power to be present at hearing of application	Member of the staff of the ACC
20	Police Powers and Responsibilities Act 2000	section 340	Power to act in accordance with retrieval warrant	Member of the staff of the ACC
21	Police Powers and Responsibilities Act 2000	subsection 342(1)	Duty to inform CEO if grounds for issue of retrieval warrant no longer exist	Member of the staff of the ACC
22	Police Powers and Responsibilities Act 2000	subsection 342(2)	Duty to give written notice to the public interest monitor if grounds for issue of retrieval warrant no longer exist	CEO
23	Police Powers and Responsibilities Act 2000	subsections 343(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
24	Police Powers and Responsibilities Act 2000	subsection 343(3)	Power to give an emergency authorisation for the use of a surveillance device	Member of the staff of the ACC
25	Police Powers and Responsibilities Act 2000	subsection 343(4)	Power to act in accordance with emergency authorisation for the use of a surveillance device	Member of the staff of the ACC
26	Police Powers and Responsibilities Act 2000	subsection 344(1)	Duty to apply for approval of the exercise of powers under an emergency authorisation	Member of the staff of the ACC
27	Police Powers and Responsibilities Act 2000	subsection 344(2)	Duty to comply with requirements for making an application for approval	Member of the staff of the ACC
28	Police Powers and Responsibilities Act 2000	subsection 344(3)	Duty to advise the public interest monitor of making an application for approval	Member of the staff of the ACC
29	Police Powers and Responsibilities Act 2000	subsection 344(4)	Duty to give information as required by judge	Member of the staff of the ACC
30	Police Powers and Responsibilities Act 2000	paragraph 345(1)(a)	Power to be present at hearing of application for approval	Member of the staff of the ACC
31	Police Powers and Responsibilities Act 2000	subsection 347(4)	Duty to comply with order specifying how information and records must be dealt with	Member of the staff of the ACC
32	Police Powers and Responsibilities Act 2000	section 349	Power to execute a corresponding warrant in the jurisdiction	Member of the staff of the ACC
33	Police Powers and Responsibilities Act 2000	section 350	Power to execute a corresponding emergency authorisation in the jurisdiction	Member of the staff of the ACC
34	Police Powers and Responsibilities Act 2000	section 353	Power to use, communicate or publish protected information for certain purposes	Member of the staff of the ACC
35	Police Powers and Responsibilities Act 2000	paragraph 354(2)(a)	Duty to ensure that records and reports are kept securely	CEO
36	Police Powers and Responsibilities Act 2000	paragraph 354(2)(b)	Duty to destroy records and reports	CEO
37	Police Powers and Responsibilities Act 2000	section 357	Duty to report on warrant to issuing judge or magistrate	Member of the staff of the ACC
38	Police Powers and Responsibilities Act 2000	section 359	Duty to cause documents connected with warrants and emergency authorisations to be kept	CEO
39	Police Powers and Responsibilities Act 2000	section 360	Duty to keep other records in connection with warrants and emergency authorisations	CEO
40	Police Powers and Responsibilities Act 2000	subsection 364(1)	Power to issue a written evidentiary certificate	Member of the staff of the ACC
41	Witness Protection Act 2000	subsection 6(2)	Function of signing an application to include a person in the program	CEO, or a member of the staff of the ACC
42	Witness Protection Act 2000	subsection 6(2)	Power to authorise an officer to sign an application	CEO
43	Witness Protection Act 2000	subsection 33(2)	Power to make an application under section 16	CEO
44	Witness Protection Act 2000	subsection 40(1)	Power to make an arrangement with the chairperson	CEO

Part 4—Laws of Western Australia

4 Duties, functions and powers conferred on certain persons and bodies by laws of Western Australia

A duty, function or power under a provision of a law of Western Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.

Laws of Western Australia
Item	Law	Provision	Duty, function or power	Person or body
1	Criminal Investigation (Covert Powers) Act 2012	subsection 10(1)	Power to apply for authority to conduct a controlled operation	Member of the staff of the ACC
2	Criminal Investigation (Covert Powers) Act 2012	subsection 10(7)	Duty to provide certain information	Member of the staff of the ACC
3	Criminal Investigation (Covert Powers) Act 2012	subsection 10(8)	Power to require additional information	CEO
4	Criminal Investigation (Covert Powers) Act 2012	subsection 10(9)	Duty to make a written record of an urgent application and give a copy to the chief officer as soon as practicable	Member of the staff of the ACC
5	Criminal Investigation (Covert Powers) Act 2012	section 11	Power to authorise or refuse to authorise a controlled operation	CEO
6	Criminal Investigation (Covert Powers) Act 2012	sections 12 to 14	Duty to be satisfied of certain matters	CEO
7	Criminal Investigation (Covert Powers) Act 2012	subsection 15(6)	Duty to include certain particulars in an authority	CEO
8	Criminal Investigation (Covert Powers) Act 2012	subsection 15(8)	Duty to make a written record of particulars in subsection 15(6) after granting an urgent authority	CEO
9	Criminal Investigation (Covert Powers) Act 2012	subsection 17(1)	Power to vary, or to refuse to vary, an authority	CEO
10	Criminal Investigation (Covert Powers) Act 2012	subsection 17(3)	Duty to give written document to the principal law enforcement officer after varying an authority	CEO
11	Criminal Investigation (Covert Powers) Act 2012	subsection 19(1)	Power to apply for a variation of an authority	Member of the staff of the ACC
12	Criminal Investigation (Covert Powers) Act 2012	subsection 19(7)	Power to require additional information	CEO
13	Criminal Investigation (Covert Powers) Act 2012	subsection 19(8)	Duty to make a written record of an urgent application and give a copy to the authorising officer	Member of the staff of the ACC
14	Criminal Investigation (Covert Powers) Act 2012	subsection 20(1)	Power to vary, or to refuse to vary, an authority on application	CEO
15	Criminal Investigation (Covert Powers) Act 2012	subsections 20(2) and (3)	Duty to be satisfied of certain matters	CEO
16	Criminal Investigation (Covert Powers) Act 2012	subsection 21(5)	Duty to include certain particulars in a variation	CEO
17	Criminal Investigation (Covert Powers) Act 2012	subsection 21(6)	Duty to make a written record of particulars for subsection 21(5) after making an urgent variation	CEO
18	Criminal Investigation (Covert Powers) Act 2012	subsection 22(1)	Power to cancel an authority	CEO
19	Criminal Investigation (Covert Powers) Act 2012	subsection 22(4)	Duty to specify reasons for cancelling the authority	CEO
20	Criminal Investigation (Covert Powers) Act 2012	paragraph 23(1)(a)	Power to engage in specified controlled conduct	Member of the staff of the ACC
21	Criminal Investigation (Covert Powers) Act 2012	subsection 25(2)	Power to apply for retrospective authority for unlawful conduct by a participant in an authorised operation	Member of the staff of the ACC
22	Criminal Investigation (Covert Powers) Act 2012	subsection 25(4)	Power to require additional information	CEO
23	Criminal Investigation (Covert Powers) Act 2012	subsection 25(5)	Power to grant or refuse retrospective authority on application	CEO
24	Criminal Investigation (Covert Powers) Act 2012	subsection 25(6)	Duty to be satisfied of certain matters	CEO
25	Criminal Investigation (Covert Powers) Act 2012	subsection 25(7)	Duty not to grant retrospective authority with respect to certain types of conduct	CEO
26	Criminal Investigation (Covert Powers) Act 2012	section 26	Duty to provide the Corruption and Crime Commission with written information, and any additional information it requires, about a retrospective authority	CEO
27	Criminal Investigation (Covert Powers) Act 2012	subsection 28(2)	Duty to indemnify a participant in an authorised operation against civil liability	CEO
28	Criminal Investigation (Covert Powers) Act 2012	subsection 33(1)	Duty to report loss of or damage to property	Member of the staff of the ACC
29	Criminal Investigation (Covert Powers) Act 2012	subsections 33(2) and (3)	Duty to notify owner of loss or damage in certain circumstances	CEO
30	Criminal Investigation (Covert Powers) Act 2012	section 36	Duty to report to chief officer on authorised operation	Member of the staff of the ACC
31	Criminal Investigation (Covert Powers) Act 2012	section 37	Duty to report twice a year to the Corruption and Crime Commission on controlled operations conducted during past 6 months	CEO
32	Criminal Investigation (Covert Powers) Act 2012	subsection 38(2)	Duty to advise the Minister of information that should be excluded from the Corruption and Crime Commission’s report before tabling	CEO
33	Criminal Investigation (Covert Powers) Act 2012	section 39	Duty to cause certain documents to be kept	CEO
34	Criminal Investigation (Covert Powers) Act 2012	section 40	Duty to cause a general register to be kept and to include certain details in it	CEO
35	Criminal Investigation (Covert Powers) Act 2012	subsection 41(2)	Duty to allow the Corruption and Crime Commission to enter agency premises, give the Commission full and free access to records, and give information to the Commission	CEO, or a member of the staff of the ACC
36	Criminal Investigation (Covert Powers) Act 2012	subsection 41(4)	Duty to ensure that members of staff of the ACC give the Commission reasonable assistance	CEO
37	Criminal Investigation (Covert Powers) Act 2012	subsection 43(3)	Power to delegate a function under Part 2 of the Act	CEO
38	Criminal Investigation (Covert Powers) Act 2012	subsection 47(1)	Power to apply for an authority to acquire or use an assumed identity	Member of the staff of the ACC
39	Criminal Investigation (Covert Powers) Act 2012	subsections 47(2) to (7)	Duty to comply with requirements for making an application for an authority	Member of the staff of the ACC
40	Criminal Investigation (Covert Powers) Act 2012	subsection 47(8)	Power to require additional information	CEO
41	Criminal Investigation (Covert Powers) Act 2012	subsection 47(9)	Duty to make a written record of an urgent application and give a copy to the authorising officer	Member of the staff of the ACC
42	Criminal Investigation (Covert Powers) Act 2012	subsection 48(1)	Power to grant or refuse to grant an authority to acquire or use an assumed identity	CEO
43	Criminal Investigation (Covert Powers) Act 2012	subsection 48(2)	Duty not to grant an authority unless satisfied of certain matters	CEO
44	Criminal Investigation (Covert Powers) Act 2012	subsection 48(3)	Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian	CEO
45	Criminal Investigation (Covert Powers) Act 2012	paragraph 48(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
46	Criminal Investigation (Covert Powers) Act 2012	paragraph 48(5)(b)	Power to grant an authority that authorises a request to produce and give evidence of an assumed identity	CEO
47	Criminal Investigation (Covert Powers) Act 2012	paragraph 48(5)(c)	Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction	CEO
48	Criminal Investigation (Covert Powers) Act 2012	subsections 49(5) and (6)	Duty to include certain particulars in an authority	CEO
49	Criminal Investigation (Covert Powers) Act 2012	subsection 49(7)	Duty to make a written record after granting an urgent authority	CEO
50	Criminal Investigation (Covert Powers) Act 2012	subsection 51(1)	Power to vary an authority	CEO
51	Criminal Investigation (Covert Powers) Act 2012	subsection 51(9)	Duty to include certain particulars in a variation of authority	CEO
52	Criminal Investigation (Covert Powers) Act 2012	subsection 51(10)	Duty to make a written record of the particulars in subsection 51(9) for an urgent variation of authority	CEO
53	Criminal Investigation (Covert Powers) Act 2012	subsection 52(1)	Duty to cancel an authority	CEO
54	Criminal Investigation (Covert Powers) Act 2012	subsection 52(2)	Duty to give written notice of the variation or cancellation of an authority	CEO
55	Criminal Investigation (Covert Powers) Act 2012	subsection 52(8)	Duty to include certain particulars in a cancellation of authority	CEO
56	Criminal Investigation (Covert Powers) Act 2012	subsection 52(9)	Duty to make a written record of the particulars in subsection 52(8) for an urgent cancellation of authority	CEO
57	Criminal Investigation (Covert Powers) Act 2012	subsections 53(1), (2) and (3)	Duty to review each authority granted under the Act at least once every 12 months	CEO
58	Criminal Investigation (Covert Powers) Act 2012	subsection 53(4)	Duty to cancel an authority	CEO
59	Criminal Investigation (Covert Powers) Act 2012	subsection 53(5)	Duty to record an opinion, and reasons for it, in writing	CEO
60	Criminal Investigation (Covert Powers) Act 2012	paragraph 54(3)(a)	Power to apply for an order to make an entry in the Register	CEO
61	Criminal Investigation (Covert Powers) Act 2012	subsection 55(2)	Duty to apply for an order to cancel an entry made in the Register	CEO
62	Criminal Investigation (Covert Powers) Act 2012	subsection 55(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
63	Criminal Investigation (Covert Powers) Act 2012	subsection 58(3)	Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity	CEO
64	Criminal Investigation (Covert Powers) Act 2012	subsection 61(3)	Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity	CEO
65	Criminal Investigation (Covert Powers) Act 2012	subsection 63(2)	Duty to indemnify an issuing agency and its officers	CEO
66	Criminal Investigation (Covert Powers) Act 2012	subsection 64(1)	Power to acquire or use an assumed identity	Member of the staff of the ACC
67	Criminal Investigation (Covert Powers) Act 2012	paragraph 64(3)(a)	Power to make a false or misleading representation	Member of the staff of the ACC
68	Criminal Investigation (Covert Powers) Act 2012	subsection 66(2)	Duty to indemnify an authorised person	CEO
69	Criminal Investigation (Covert Powers) Act 2012	subsection 69(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
70	Criminal Investigation (Covert Powers) Act 2012	subsection 72(2)	Duty to indemnify an issuing agency and its officers	CEO
71	Criminal Investigation (Covert Powers) Act 2012	subsection 76(1)	Duty to submit an annual report to the Minister	CEO
72	Criminal Investigation (Covert Powers) Act 2012	subsection 76(2)	Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament	CEO
73	Criminal Investigation (Covert Powers) Act 2012	section 77	Duty to cause appropriate records, including certain details, about the operation of the Act to be kept	CEO
74	Criminal Investigation (Covert Powers) Act 2012	subsection 78(1)	Duty to arrange for records to be audited	CEO
75	Criminal Investigation (Covert Powers) Act 2012	subsection 78(2)	Power to appoint auditor	CEO
76	Criminal Investigation (Covert Powers) Act 2012	subsection 79(3)	Power to delegate functions to senior officers	CEO
77	Criminal Investigation (Covert Powers) Act 2012	subsection 82(1)	Power to give a witness identity protection certificate	CEO
78	Criminal Investigation (Covert Powers) Act 2012	subsection 82(2)	Duty to make inquiries	CEO
79	Criminal Investigation (Covert Powers) Act 2012	subsection 83(2)	Duty to state certain information in a witness identity protection certificate	CEO
80	Criminal Investigation (Covert Powers) Act 2012	subsection 83(3)	Duty not to state certain information in a witness identity protection certificate	CEO
81	Criminal Investigation (Covert Powers) Act 2012	subsection 99(2)	Power to cancel a witness identity protection certificate	CEO
82	Criminal Investigation (Covert Powers) Act 2012	subsection 99(3)	Duty to give notice that a witness identity protection certificate has been cancelled	CEO
83	Criminal Investigation (Covert Powers) Act 2012	subsection 100(2)	Power to permit a person to give information	CEO
84	Criminal Investigation (Covert Powers) Act 2012	subsection 100(3)	Duty to include certain information in the permission	CEO
85	Criminal Investigation (Covert Powers) Act 2012	subsection 102(1)	Power to sign an evidentiary certificate	CEO
86	Criminal Investigation (Covert Powers) Act 2012	subsection 103(1)	Duty to submit an annual report to the Minister	CEO
87	Criminal Investigation (Covert Powers) Act 2012	subsection 103(2)	Duty to include certain information in annual report	CEO
88	Criminal Investigation (Covert Powers) Act 2012	subsection 103(3)	Duty not to include certain information in annual report	CEO
89	Criminal Investigation (Covert Powers) Act 2012	subsection 105(3)	Power to delegate functions to senior officers	CEO
90	Surveillance Devices Act 1998	subsection 3(1)	Power to authorise a person	Chair of the Board of the ACC
91	Surveillance Devices Act 1998	subsection 13(9)	Power to take action in accordance with a warrant	Member of the staff of the ACC
92	Surveillance Devices Act 1998	paragraph 15(1)(c)	Power to apply for a warrant	Member of the staff of the ACC
93	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
94	Surveillance Devices Act 1998	paragraph 15(3)(c)	Power to authorise action	Chair of the Board of the ACC
95	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
96	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
97	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
98	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
99	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
100	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
101	Surveillance Devices Act 1998	paragraph 17(2)(c)	Duty to complete a form of warrant	Member of the staff of the ACC
102	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
103	Surveillance Devices Act 1998	subsection 17(5)	Power to act in accordance with a form of warrant	Member of the staff of the ACC
104	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
105	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
106	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
107	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
108	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
109	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
110	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
111	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
112	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
113	Surveillance Devices Act 1998	subsection 21(1)	Power to apply for or issue an emergency authorisation	Member of the staff of the ACC
114	Surveillance Devices Act 1998	subsection 21(2)	Power to apply for or issue 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
115	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
116	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
117	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
118	Surveillance Devices Act 1998	subsection 21(6)	Power to take action in accordance with an emergency authorisation	Member of the staff of the ACC
119	Surveillance Devices Act 1998	subsection 21(7)	Power to issue a composite emergency authorisation	Member of the staff of the ACC
120	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
121	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
122	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
123	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
124	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
125	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
126	Surveillance Devices Act 1998	subsection 43(3)	Duty to give a report to the Minister	Chair of the Board of the ACC
127	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
128	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
129	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
130	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

Part 5—Laws of South Australia

5 Duties, functions and powers conferred on certain persons and bodies by laws of South Australia

A duty, function or power under a provision of a law of South Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.

Laws of South Australia
Item	Law	Provision	Duty, function or power	Person or body
1	Criminal Investigation (Covert Operations) Act 2009	subsection 6(1)	Power to apply for an authority to acquire or use an assumed identity	Member of the staff of the ACC
2	Criminal Investigation (Covert Operations) Act 2009	subsection 6(3)	Duty to comply with requirements for making an application for an authority	Member of the staff of the ACC
3	Criminal Investigation (Covert Operations) Act 2009	subsection 6(4)	Duty to provide additional information required by the chief officer	Member of the staff of the ACC
4	Criminal Investigation (Covert Operations) Act 2009	subsection 7(1)	Power to grant an authority to acquire or use an assumed identity	CEO
5	Criminal Investigation (Covert Operations) Act 2009	subsection 7(2)	Duty not to grant an authority unless satisfied of certain matters	CEO
6	Criminal Investigation (Covert Operations) Act 2009	subsection 7(3)	Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian	CEO
7	Criminal Investigation (Covert Operations) Act 2009	paragraph 7(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
8	Criminal Investigation (Covert Operations) Act 2009	paragraph 7(5)(b)	Power to grant an authority that authorises a request to produce and give evidence of an assumed identity	CEO
9	Criminal Investigation (Covert Operations) Act 2009	paragraph 7(5)(c)	Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction	CEO
10	Criminal Investigation (Covert Operations) Act 2009	paragraph 8(c)	Duty to include certain particulars in an authority	CEO
11	Criminal Investigation (Covert Operations) Act 2009	paragraph 10(1)(a)	Power to vary or cancel an authority	CEO
12	Criminal Investigation (Covert Operations) Act 2009	paragraph 10(1)(b)	Duty to cancel an authority	CEO
13	Criminal Investigation (Covert Operations) Act 2009	subsection 10(2)	Duty to give written notice of variation or cancellation of an authority	CEO
14	Criminal Investigation (Covert Operations) Act 2009	subsection 10(3)	Duty to specify reason for variation or cancellation in notice	CEO
15	Criminal Investigation (Covert Operations) Act 2009	subsection 11(1)	Duty to review each authority granted under the Act at least once every 12 months	CEO
16	Criminal Investigation (Covert Operations) Act 2009	paragraph 11(3)(a)	Duty to record an opinion, and reasons for it, in writing	CEO
17	Criminal Investigation (Covert Operations) Act 2009	paragraph 11(3)(b)	Duty to cancel an authority	CEO
18	Criminal Investigation (Covert Operations) Act 2009	paragraph 12(2)(a)	Power to apply for an order to make an entry in the Register	CEO
19	Criminal Investigation (Covert Operations) Act 2009	subsection 13(2)	Duty to apply for an order to cancel an entry made in the Register	CEO
20	Criminal Investigation (Covert Operations) Act 2009	subsection 13(4)	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
21	Criminal Investigation (Covert Operations) Act 2009	subsection 14(1)	Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity	CEO
22	Criminal Investigation (Covert Operations) Act 2009	subsection 15(1)	Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity	CEO
23	Criminal Investigation (Covert Operations) Act 2009	subsection 18(1)	Power to acquire or use an assumed identity	Member of the staff of the ACC
24	Criminal Investigation (Covert Operations) Act 2009	subsection 23(1)	Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity	CEO
25	Criminal Investigation (Covert Operations) Act 2009	section 27	Duty to cause appropriate records, including certain details, about the operation of the Act to be kept	CEO
26	Criminal Investigation (Covert Operations) Act 2009	subsection 28(1)	Duty to arrange for records to be audited	CEO
27	Criminal Investigation (Covert Operations) Act 2009	subsection 28(2)	Power to appoint auditor	CEO
28	Criminal Investigation (Covert Operations) Act 2009	subsection 29(2)	Power to delegate functions to senior officers	CEO
29	Criminal Investigation (Covert Operations) Act 2009	subsection 31(1)	Power to give a witness identity protection certificate	CEO
30	Criminal Investigation (Covert Operations) Act 2009	subsection 31(2)	Duty to obtain certain information	CEO
31	Criminal Investigation (Covert Operations) Act 2009	subsection 31(5)	Duty to make all reasonable enquiries	CEO
32	Criminal Investigation (Covert Operations) Act 2009	subsection 33(1)	Duty to state certain information in a witness identity protection certificate	CEO
33	Criminal Investigation (Covert Operations) Act 2009	subsection 33(2)	Duty not to state certain information in a witness identity protection certificate	CEO
34	Criminal Investigation (Covert Operations) Act 2009	subsection 34(1)	Power to cancel a witness identity protection certificate	CEO
35	Criminal Investigation (Covert Operations) Act 2009	subsection 34(2)	Duty to give notice that a witness identity protection certificate has been cancelled	CEO
36	Criminal Investigation (Covert Operations) Act 2009	section 35	Power to permit a person to give information	CEO
37	Criminal Investigation (Covert Operations) Act 2009	subsection 42(2)	Power to delegate functions	CEO
38	Criminal Investigation (Covert Operations) Act 2009	subsection 47(1)	Duty to submit an annual report to the Minister that includes certain information	CEO
39	Criminal Investigation (Covert Operations) Act 2009	subsection 47(2)	Duty not to include certain information in annual report	CEO
40	Criminal Investigation (Covert Operations) Act 2009	subsection 47(3)	Duty to advise the Minister of any information in the annual report that should be excluded before the report is laid before Parliament	CEO
41	Surveillance Devices Act 2016	subsection 14(1)	Power to apply for a surveillance device (tracking) warrant	Member of the staff of the ACC
42	Surveillance Devices Act 2016	subsection 14(2)	Power to apply for a variation or renewal of a surveillance device (tracking) warrant	Member of the staff of the ACC
43	Surveillance Devices Act 2016	subsections 14(3), (4) and (5)	Duty to comply with the requirements for making a surveillance device (tracking) warrant application	Member of the staff of the ACC
44	Surveillance Devices Act 2016	subsection 14(4)	Duty to make a contemporaneous written record of details of a surveillance device (tracking) warrant application	CEO
45	Surveillance Devices Act 2016	subsection 14(6)	Power to require further information in relation to a surveillance device (tracking) warrant application	CEO
46	Surveillance Devices Act 2016	subsection 15(1)	Power to issue a surveillance device (tracking) warrant	CEO
47	Surveillance Devices Act 2016	subsection 15(2)	Duty to include certain details in a surveillance device (tracking) warrant	CEO
48	Surveillance Devices Act 2016	subsection 15(4)	Duty to cancel a surveillance device (tracking) warrant if satisfied that grounds for issue have ceased to exist	CEO
49	Surveillance Devices Act 2016	subsection 15(5)	Power to cancel a surveillance device (tracking) warrant	CEO
50	Surveillance Devices Act 2016	subsection 17(1)	Power to apply for a surveillance device (general) warrant	Member of the staff of the ACC
51	Surveillance Devices Act 2016	subsection 17(2)	Power to apply for a variation or renewal of a surveillance device (general) warrant	Member of the staff of the ACC
52	Surveillance Devices Act 2016	subsections 17(3) and (4)	Duty to comply with the requirements for making a surveillance device (general) warrant application	Member of the staff of the ACC
53	Surveillance Devices Act 2016	subsection 18(1)	Power to make a remote application for the issue, variation or renewal of a surveillance device (general) warrant	Member of the staff of the ACC
54	Surveillance Devices Act 2016	subsections 18(2) and (3)	Duty to comply with the requirements for making a remote surveillance device (general) warrant application for issue, variation or renewal	Member of the staff of the ACC
55	Surveillance Devices Act 2016	subsection 19(5)	Duty to cancel a surveillance device (tracking) warrant if satisfied that grounds for issue have ceased to exist	CEO
56	Surveillance Devices Act 2016	subsection 19(6)	Power to cancel a surveillance device (tracking) warrant	CEO
57	Surveillance Devices Act 2016	subsection 20(1)	Power to apply for a surveillance device (emergency) authority	Member of the staff of the ACC
58	Surveillance Devices Act 2016	subsections 20(2) and (3)	Duty to comply with the requirements for making a surveillance device (emergency) authority application	Member of the staff of the ACC
59	Surveillance Devices Act 2016	subsection 21(1)	Power to issue a surveillance device (emergency) authority and duty to be satisfied of certain matters before doing so	CEO
60	Surveillance Devices Act 2016	subsection 21(2)	Duty to include certain details in a surveillance device (emergency) authority	CEO
61	Surveillance Devices Act 2016	subsection 21(3)	Power to issue a surveillance device (emergency) authority using a code name for the applicant or responsible officer	CEO
62	Surveillance Devices Act 2016	subsection 21(5)	Duty not to issue a surveillance device (emergency) authority that authorises installation or use of a surveillance device outside South Australia	CEO
63	Surveillance Devices Act 2016	subsection 21(6)	Duty to cancel a surveillance device (emergency) authority if satisfied that grounds for issue have ceased to exist	CEO
64	Surveillance Devices Act 2016	subsection 21(7)	Power to cancel a surveillance device (emergency) authority	CEO
65	Surveillance Devices Act 2016	subsection 22(1)	Duty to apply to a judge for confirmation of a surveillance device (emergency) authority	Member of the staff of the ACC
66	Surveillance Devices Act 2016	subsections 22(2) and (3)	Duty to comply with the requirements for making an application for confirmation of a surveillance device (emergency) authority	Member of the staff of the ACC
67	Surveillance Devices Act 2016	sections 24 and 25	Power to execute a corresponding warrant or a corresponding emergency authority in South Australia	Member of the staff of the ACC
68	Surveillance Devices Act 2016	subsection 26(1)	Duty to manage records relating to a surveillance device (tracking) warrant in accordance with the regulations	CEO
69	Surveillance Devices Act 2016	subsection 26(2)	Duty to manage records relating to a surveillance device (emergency) authority in accordance with the regulations	CEO
70	Surveillance Devices Act 2016	section 31	Duty to keep, control, manage access to and destroy records, information and material in accordance with the regulations	CEO
71	Surveillance Devices Act 2016	subsection 37(1)	Power to seize a surveillance device or a record of information from a surveillance device	Member of the staff of the ACC
72	Surveillance Devices Act 2016	paragraph 37(2)(a)	Power to break into, enter and search any premises in which the member suspects on reasonable grounds there is a surveillance device or record liable to be seized	Member of the staff of the ACC
73	Surveillance Devices Act 2016	paragraph 37(2)(b)	Power to stop, detain and search, or detain and search, any vehicle that the member suspects on reasonable grounds contains a surveillance device or record liable to be seized	Member of the staff of the ACC
74	Surveillance Devices Act 2016	paragraph 37(2)(c)	Power to detain and search any person who the member suspects on reasonable grounds has possession of a surveillance device or record liable to be seized	Member of the staff of the ACC
75	Surveillance Devices Act 2016	subsection 37(3)	Duty to return a surveillance device or record that has been seized	Member of the staff of the ACC
76	Surveillance Devices Regulations 2017	subregulation 4(1)	Duty to ensure that records are stored securely	CEO
77	Surveillance Devices Regulations 2017	subregulation 4(2)	Power to authorise the removal of a record from storage	CEO
78	Surveillance Devices Regulations 2017	regulation 5	Duty to keep and maintain a records register and power to authorise a person to make an entry in the register	CEO
79	Surveillance Devices Regulations 2017	regulation 6	Duty to enter certain details in the register in relation to accessing a record in the register by a person authorised under the Act	CEO
80	Surveillance Devices Regulations 2017	regulation 7	Duties in relation to copying of a record in the register	CEO
81	Surveillance Devices Regulations 2017	regulation 8	Power to authorise destruction of a record and duty to record on the register any such destruction	CEO
82	Witness Protection Act 1996	subsection 6(1)	Power to make an arrangement in connection with the administration of a complementary witness protection law	CEO
83	Witness Protection Act 1996	subsection 18(1)	Power to give a participant permission not to disclose the participant’s former identity	CEO
84	Witness Protection Act 1996	paragraph 21(3)(a)	Power to authorise a disclosure of information	CEO

Part 6—Laws of Tasmania

6 Duties, functions and powers conferred on certain persons and bodies by laws of Tasmania

A duty, function or power under a provision of a law of Tasmania mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.

Laws of Tasmania
Item	Law	Provision	Duty, function or power	Person or body
1	Police Powers (Assumed Identities) Act 2006	subsection 5(1)	Power to apply for an authority to acquire or use an assumed identity	Member of the staff of the ACC
2	Police Powers (Assumed Identities) Act 2006	paragraph 5(3)(a)	Power to approve form of application for authority	CEO
3	Police Powers (Assumed Identities) Act 2006	subsection 5(3)	Duty to comply with requirements for making an application for an authority	Member of the staff of the ACC
4	Police Powers (Assumed Identities) Act 2006	subsection 5(4)	Power to require additional information	CEO
5	Police Powers (Assumed Identities) Act 2006	subsection 6(1)	Power to grant or refuse to grant an authority to acquire or use an assumed identity	CEO
6	Police Powers (Assumed Identities) Act 2006	subsection 6(2)	Duty not to grant an authority unless satisfied of certain matters	CEO
7	Police Powers (Assumed Identities) Act 2006	subsection 6(3)	Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian	CEO
8	Police Powers (Assumed Identities) Act 2006	paragraph 6(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
9	Police Powers (Assumed Identities) Act 2006	paragraph 6(5)(b)	Power to grant an authority that authorises a request to produce and give evidence of an assumed identity	CEO
10	Police Powers (Assumed Identities) Act 2006	paragraph 6(5)(c)	Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction	CEO
11	Police Powers (Assumed Identities) Act 2006	paragraph 7(1)(a)	Power to approve the form of an authority	CEO
12	Police Powers (Assumed Identities) Act 2006	subsections 7(2) and (3)	Duty to include certain particulars in an authority	CEO
13	Police Powers (Assumed Identities) Act 2006	paragraph 9(1)(a)	Power to vary or cancel an authority	CEO
14	Police Powers (Assumed Identities) Act 2006	paragraph 9(1)(b)	Duty to cancel an authority	CEO
15	Police Powers (Assumed Identities) Act 2006	subsection 9(2)	Duty to give written notice of the variation or cancellation of an authority	CEO
16	Police Powers (Assumed Identities) Act 2006	subsection 9(3)	Duty to give reasons for the variation or cancellation of an authority	CEO
17	Police Powers (Assumed Identities) Act 2006	subsections 10(1), (2) and (3)	Duty to review each authority granted under the Act at least once every 12 months	CEO
18	Police Powers (Assumed Identities) Act 2006	subsection 10(4)	Duty to cancel an authority	CEO
19	Police Powers (Assumed Identities) Act 2006	subsection 10(5)	Duty to record an opinion that use of assumed identity is still necessary, and reasons for the opinion, in writing	CEO
20	Police Powers (Assumed Identities) Act 2006	paragraph 11(3)(a)	Power to apply for an order to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1999 (Tas.)	CEO
21	Police Powers (Assumed Identities) Act 2006	subsection 12(2)	Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1999 (Tas.)	CEO
22	Police Powers (Assumed Identities) Act 2006	subsection 12(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
23	Police Powers (Assumed Identities) Act 2006	subsection 15(2)	Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity	CEO
24	Police Powers (Assumed Identities) Act 2006	subsection 18(1)	Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity	CEO
25	Police Powers (Assumed Identities) Act 2006	subsection 21(1)	Power to acquire or use an assumed identity	Member of the staff of the ACC
26	Police Powers (Assumed Identities) Act 2006	subsection 26(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
27	Police Powers (Assumed Identities) Act 2006	subsection 33(1)	Duty to submit a report to the Minister	CEO
28	Police Powers (Assumed Identities) Act 2006	subsection 33(2)	Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament	CEO
29	Police Powers (Assumed Identities) Act 2006	section 34	Duty to cause appropriate records, including certain details, about the operation of the Act to be kept	CEO
30	Police Powers (Assumed Identities) Act 2006	subsection 35(1)	Duty to arrange for records to be audited	CEO
31	Police Powers (Assumed Identities) Act 2006	subsection 35(2)	Power to appoint auditor	CEO
32	Police Powers (Assumed Identities) Act 2006	section 36	Power to delegate functions to senior officers	CEO
33	Police Powers (Controlled Operations) Act 2006	subsection 9(1)	Power to apply for authority to conduct a controlled operation	Member of the staff of the ACC
34	Police Powers (Controlled Operations) Act 2006	subsection 9(4)	Duty to provide certain particulars	Member of the staff of the ACC
35	Police Powers (Controlled Operations) Act 2006	subsection 9(5)	Power to require additional information	CEO
36	Police Powers (Controlled Operations) Act 2006	subsection 9(6)	Duty to make a written record of an urgent application and give a copy to the chief officer as soon as practicable	Member of the staff of the ACC
37	Police Powers (Controlled Operations) Act 2006	subsection 10(1)	Power to authorise or refuse to authorise a controlled operation	CEO
38	Police Powers (Controlled Operations) Act 2006	subsection 10(2)	Duty to be satisfied of certain matters	CEO
39	Police Powers (Controlled Operations) Act 2006	subsection 11(3)	Duty to include certain details in an authority	Member of the staff of the ACC
40	Police Powers (Controlled Operations) Act 2006	subsection 11(5)	Duty to ensure that written notes are kept of certain matters	CEO
41	Police Powers (Controlled Operations) Act 2006	subsections 13(1) and (7)	Power to vary, or to refuse to vary, an authority	CEO
42	Police Powers (Controlled Operations) Act 2006	subsection 13(3)	Power to apply for a variation of an authority	Member of the staff of the ACC
43	Police Powers (Controlled Operations) Act 2006	subsection 13(6)	Power to require additional information	CEO
44	Police Powers (Controlled Operations) Act 2006	subsections 13(8) and (9)	Duty to be satisfied of certain matters	CEO
45	Police Powers (Controlled Operations) Act 2006	subsection 13(11)	Duty to ensure that written notes are kept of certain matters and give a formal variation to the applicant	CEO
46	Police Powers (Controlled Operations) Act 2006	section 14	Duty to include certain particulars in a formal variation	CEO
47	Police Powers (Controlled Operations) Act 2006	subsection 15(1)	Power to cancel an authority	CEO
48	Police Powers (Controlled Operations) Act 2006	subsection 16(1)	Power to engage in specified controlled conduct	Member of the staff of the ACC
49	Police Powers (Controlled Operations) Act 2006	subsection 24(1)	Duty to report loss of or damage to property	Member of the staff of the ACC
50	Police Powers (Controlled Operations) Act 2006	subsections 24(2) and (3)	Duty to notify owner of loss or damage in certain circumstances	CEO
51	Police Powers (Controlled Operations) Act 2006	section 27	Duty to report to chief officer on authorised operation	Member of the staff of the ACC
52	Police Powers (Controlled Operations) Act 2006	subsections 28(1), (2), (4) and (5)	Duty to report to Ministers on controlled operations conducted during financial year	CEO
53	Police Powers (Controlled Operations) Act 2006	subsection 28(3)	Duty to furnish additional information to Minister	CEO
54	Police Powers (Controlled Operations) Act 2006	subsection 28(7)	Duty to advise the Minister of information that should be excluded from the report before tabling	CEO
55	Police Powers (Controlled Operations) Act 2006	section 29	Duty to cause certain documents to be kept	CEO
56	Police Powers (Controlled Operations) Act 2006	section 30	Duty to cause a general register to be kept and to include certain details in it	CEO
57	Police Powers (Controlled Operations) Act 2006	paragraphs 32(2)(b) and (c)	Duty to allow free access, and give information, to the inspection entity	CEO, or a member of the staff of the ACC
58	Police Powers (Controlled Operations) Act 2006	subsection 32(3)	Duty to ensure that members of staff give the inspection entity reasonable assistance	CEO
59	Police Powers (Controlled Operations) Act 2006	subsection 34(2)	Power to delegate a function under the Act to senior officers	CEO
60	Police Powers (Surveillance Devices) Act 2006	subsection 9(1)	Power to apply for a surveillance device warrant	Member of the staff of the ACC
61	Police Powers (Surveillance Devices) Act 2006	subsection 9(3)	Duty to comply with requirements for making an application for a surveillance device warrant	Member of the staff of the ACC
62	Police Powers (Surveillance Devices) Act 2006	subsection 9(4)	Power to make an urgent application for a warrant	Member of the staff of the ACC
63	Police Powers (Surveillance Devices) Act 2006	subsection 9(5)	Duty to give information and send sworn affidavit	Member of the staff of the ACC
64	Police Powers (Surveillance Devices) Act 2006	subsection 10(1)	Power to make a remote application for a surveillance device warrant	Member of the staff of the ACC
65	Police Powers (Surveillance Devices) Act 2006	subsection 10(2)	Duty to transmit an affidavit in certain circumstances	Member of the staff of the ACC
66	Police Powers (Surveillance Devices) Act 2006	subsections 13(1) to (4)	Power to act in accordance with a surveillance device warrant	Member of the staff of the ACC
67	Police Powers (Surveillance Devices) Act 2006	subsection 13(5)	Duty to use a surveillance device under a warrant only in the performance of duty	Member of the staff of the ACC
68	Police Powers (Surveillance Devices) Act 2006	subsection 14(1)	Power to apply for extension or variation of surveillance device warrant	Member of the staff of the ACC
69	Police Powers (Surveillance Devices) Act 2006	subsection 14(2)	Duty to comply with requirements for making an application under subsection 14(1)	Member of the staff of the ACC
70	Police Powers (Surveillance Devices) Act 2006	subsection 14(3)	Duty to comply with requirements in section 9 for making an application under subsection 14(1)	Member of the staff of the ACC
71	Police Powers (Surveillance Devices) Act 2006	subsection 14(3)	Power to make a remote application under subsection 14(1) in accordance with subsection 10(1)	Member of the staff of the ACC
72	Police Powers (Surveillance Devices) Act 2006	subsection 14(3)	Duty to transmit an affidavit in accordance with subsection 10(2)	Member of the staff of the ACC
73	Police Powers (Surveillance Devices) Act 2006	subsection 15(4)	Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued	CEO
74	Police Powers (Surveillance Devices) Act 2006	subsection 16(2)	Duty to inform chief officer if use of surveillance device under warrant is no longer necessary	Member of the staff of the ACC
75	Police Powers (Surveillance Devices) Act 2006	subsection 16(3)	Duty to ensure that use of a surveillance device under warrant is discontinued if no longer necessary	CEO
76	Police Powers (Surveillance Devices) Act 2006	subsection 17(1)	Power to apply for a retrieval warrant	Member of the staff of the ACC
77	Police Powers (Surveillance Devices) Act 2006	subsections 17(2) and (3)	Duty to comply with requirements for making an application for a retrieval warrant	Member of the staff of the ACC
78	Police Powers (Surveillance Devices) Act 2006	subsection 17(4)	Power to make an urgent application for a retrieval warrant	Member of the staff of the ACC
79	Police Powers (Surveillance Devices) Act 2006	subsection 17(5)	Duty to provide information and send affidavit	Member of the staff of the ACC
80	Police Powers (Surveillance Devices) Act 2006	subsection 18(1)	Power to make a remote application for a retrieval warrant	Member of the staff of the ACC
81	Police Powers (Surveillance Devices) Act 2006	subsection 18(2)	Duty to transmit an affidavit in certain circumstances	Member of the staff of the ACC
82	Police Powers (Surveillance Devices) Act 2006	section 21	Power to act in accordance with a retrieval warrant	Member of the staff of the ACC
83	Police Powers (Surveillance Devices) Act 2006	subsection 22(3)	Duty to inform chief officer if grounds for issue of retrieval warrant no longer exist	Member of the staff of the ACC
84	Police Powers (Surveillance Devices) Act 2006	subsection 22(4)	Duty to cause application to be made for revocation of a retrieval warrant if grounds for issue no longer exist	CEO
85	Police Powers (Surveillance Devices) Act 2006	subsections 23(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
86	Police Powers (Surveillance Devices) Act 2006	subsection 23(3)	Power to give an emergency authorisation for the use of a surveillance device	CEO
87	Police Powers (Surveillance Devices) Act 2006	subsection 23(4)	Power to act in accordance with emergency authorisation for the use of a surveillance device	Member of the staff of the ACC
88	Police Powers (Surveillance Devices) Act 2006	subsections 24(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
89	Police Powers (Surveillance Devices) Act 2006	subsection 24(3)	Power to give an emergency authorisation for the use of a surveillance device	CEO
90	Police Powers (Surveillance Devices) Act 2006	subsection 24(4)	Power to act in accordance with an emergency authorisation for the use of a surveillance device	Member of the staff of the ACC
91	Police Powers (Surveillance Devices) Act 2006	subsection 25(1)	Duty to apply for approval of the exercise of powers under an emergency authorisation	CEO
92	Police Powers (Surveillance Devices) Act 2006	subsections 25(2) to (4)	Duty to comply with requirements for making an application for approval	CEO
93	Police Powers (Surveillance Devices) Act 2006	subsection 27(5)	Duty to comply with order specifying how information and records must be dealt with	CEO
94	Police Powers (Surveillance Devices) Act 2006	subsections 29(1) to (4)	Duty to report to Supreme Court or magistrate including certain details	Member of the staff of the ACC
95	Police Powers (Surveillance Devices) Act 2006	subsection 29(5)	Duty to comply with order specifying how information and records must be dealt with	Member of the staff of the ACC
96	Police Powers (Surveillance Devices) Act 2006	section 30	Power to execute a corresponding warrant in the jurisdiction	Member of the staff of the ACC
97	Police Powers (Surveillance Devices) Act 2006	section 31	Power to execute a corresponding emergency authorisation in the jurisdiction	Member of the staff of the ACC
98	Police Powers (Surveillance Devices) Act 2006	paragraph 34(1)(a)	Duty to ensure that records and reports are kept securely	CEO
99	Police Powers (Surveillance Devices) Act 2006	paragraph 34(1)(b)	Duty to destroy records and reports	CEO
100	Police Powers (Surveillance Devices) Act 2006	section 37	Duty to keep documents connected with warrants and emergency authorisations	CEO
101	Police Powers (Surveillance Devices) Act 2006	section 38	Duty to keep other records in connection with warrants and emergency authorisations	CEO
102	Police Powers (Surveillance Devices) Act 2006	section 39	Duty to cause register of warrants and emergency authorisations, including certain details, to be kept	CEO
103	Police Powers (Surveillance Devices) Act 2006	subsection 41(2)	Duty to give the inspection entity access and information	CEO, or a member of the staff of the ACC
104	Police Powers (Surveillance Devices) Act 2006	subsection 41(3)	Duty to ensure that members of the staff of the ACC assist the inspection entity	CEO
105	Police Powers (Surveillance Devices) Act 2006	subsection 43(1)	Power to issue a written evidentiary certificate	CEO
106	Police Powers (Surveillance Devices) Act 2006	subsections 44(1) to (3)	Duty to submit annual report to Ministers	CEO
107	Witness (Identity Protection) Act 2006	subsection 6(1)	Power to give a witness identity protection certificate	CEO
108	Witness (Identity Protection) Act 2006	subsection 6(2)	Duty to make all reasonable enquiries	CEO
109	Witness (Identity Protection) Act 2006	subsection 7(1)	Duty to state certain information in a witness identity protection certificate	CEO
110	Witness (Identity Protection) Act 2006	subsection 7(2)	Duty not to state certain information in a witness identity protection certificate	CEO
111	Witness (Identity Protection) Act 2006	subsection 13(2)	Duty to cancel a witness identity protection certificate	CEO
112	Witness (Identity Protection) Act 2006	subsection 13(3)	Duty to give notice that a witness identity protection certificate has been cancelled	CEO
113	Witness (Identity Protection) Act 2006	subsection 14(2)	Power to permit a person to give information	CEO
114	Witness (Identity Protection) Act 2006	subsection 14(3)	Duty to include certain information in the permission	CEO
115	Witness (Identity Protection) Act 2006	subsections 16(1), (2) and (3)	Duty to submit an annual report to Ministers	CEO
116	Witness (Identity Protection) Act 2006	subsection 24(2)	Power to delegate functions to senior officers	CEO
117	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
118	Witness Protection Act 2000	subsection 9(2)	Power to apply for a court order in relation to making an entry in the register of births or register of marriages	CEO
119	Witness Protection Act 2000	subsection 9(3)	Duty to provide evidence to the court	CEO
120	Witness Protection Act 2000	paragraph 12(2)(b)	Power to apply for a court order for cancellation of an entry in the register of births or register of marriages	CEO
121	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
122	Witness Protection Act 2000	paragraph 13(4)(a)	Power to authorise a disclosure or communication of information	CEO
123	Witness Protection Act 2000	section 18	Power to accept evidence and to give a certificate to the Registrar	CEO
124	Witness Protection Act 2000	subsection 24(1)	Power to make arrangements with the Commissioner of Police	CEO

Part 7—Laws of the Australian Capital Territory

7 Duties, functions and powers conferred on certain persons and bodies by laws of the Australian Capital Territory

A duty, function or power under a provision of a law of the Australian Capital Territory mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.

Laws of the Australian Capital Territory
Item	Law	Provision	Duty, function or power	Person or body
1	Crimes (Assumed Identities) Act 2009	subsection 8(1)	Power to apply for an authority to acquire or use an assumed identity	Member of the staff of the ACC
2	Crimes (Assumed Identities) Act 2009	subsection 8(3)	Power to approve form of application for authority	CEO
3	Crimes (Assumed Identities) Act 2009	subsection 8(4)	Duty to comply with requirements for making an application for an authority	Member of the staff of the ACC
4	Crimes (Assumed Identities) Act 2009	subsection 8(5)	Power to require additional information	CEO
5	Crimes (Assumed Identities) Act 2009	subsection 9(1)	Power to grant or refuse to grant an authority to acquire or use an assumed identity	CEO
6	Crimes (Assumed Identities) Act 2009	subsection 9(2)	Duty not to grant an authority unless satisfied of certain matters	CEO
7	Crimes (Assumed Identities) Act 2009	paragraph 9(3)(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
8	Crimes (Assumed Identities) Act 2009	paragraph 9(3)(b)	Power to grant an authority that authorises a request for evidence of an assumed identity	CEO
9	Crimes (Assumed Identities) Act 2009	paragraph 9(3)(c)	Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction	CEO
10	Crimes (Assumed Identities) Act 2009	subsection 11(2)	Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian	CEO
11	Crimes (Assumed Identities) Act 2009	paragraph 12(1)(a)	Power to approve the form of an authority	CEO
12	Crimes (Assumed Identities) Act 2009	subsections 12(2) and (3)	Duty to include certain particulars in an authority	CEO
13	Crimes (Assumed Identities) Act 2009	paragraph 14(1)(a)	Power to amend or cancel an authority	CEO
14	Crimes (Assumed Identities) Act 2009	paragraph 14(1)(b)	Duty to cancel an authority	CEO
15	Crimes (Assumed Identities) Act 2009	subsection 14(2)	Duty to give written notice of the amendment or cancellation of an authority	CEO
16	Crimes (Assumed Identities) Act 2009	subsection 14(3)	Duty to give reasons for the amendment or cancellation of an authority	CEO
17	Crimes (Assumed Identities) Act 2009	subsections 15(1) and (2)	Duty to review each authority granted under the Act at least once every 12 months	CEO
18	Crimes (Assumed Identities) Act 2009	subsection 15(3)	Duty to cancel an authority	CEO
19	Crimes (Assumed Identities) Act 2009	subsection 15(4)	Duty to record an opinion that use of assumed identity still necessary, and reasons for the opinion, in writing	CEO
20	Crimes (Assumed Identities) Act 2009	paragraph 16(2)(a)	Power to apply for an order to make an entry in the register under the Births, Deaths and Marriages Registration Act 1997 (ACT)	CEO
21	Crimes (Assumed Identities) Act 2009	subsection 17(2)	Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1997 (ACT)	CEO
22	Crimes (Assumed Identities) Act 2009	subsection 17(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
23	Crimes (Assumed Identities) Act 2009	subsection 18(5)	Duty to return a certificate given by the registrar‑general under subsection 16(5)	CEO
24	Crimes (Assumed Identities) Act 2009	subsection 19(2)	Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity	CEO
25	Crimes (Assumed Identities) Act 2009	subsection 22(2)	Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity	CEO
26	Crimes (Assumed Identities) Act 2009	subsections 26(1) and (2)	Power to acquire or use an assumed identity	Member of the staff of the ACC
27	Crimes (Assumed Identities) Act 2009	subsection 31(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
28	Crimes (Assumed Identities) Act 2009	subsection 38(1)	Duty to submit an annual report to the Minister	CEO
29	Crimes (Assumed Identities) Act 2009	subsection 38(2)	Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Legislative Assembly	CEO
30	Crimes (Assumed Identities) Act 2009	section 39	Duty to cause appropriate records, including certain details, about the operation of the Act to be kept	CEO
31	Crimes (Assumed Identities) Act 2009	subsection 40(1)	Duty to arrange for records to be audited	CEO
32	Crimes (Assumed Identities) Act 2009	subsection 40(2)	Duty to appoint auditor	CEO
33	Crimes (Assumed Identities) Act 2009	subsection 41(2)	Duty to allow the Ombudsman to enter ACC premises, give the Ombudsman access to records and give information to the Ombudsman	CEO, or a member of the staff of the ACC
34	Crimes (Assumed Identities) Act 2009	subsection 41(3)	Duty to ensure members of the staff of the ACC give assistance to the Ombudsman	CEO
35	Crimes (Assumed Identities) Act 2009	section 42	Power to delegate functions to senior officers	CEO
36	Crimes (Controlled Operations) Act 2008	subsection 9(1)	Power to apply for authority to conduct a controlled operation	Member of the staff of the ACC
37	Crimes (Controlled Operations) Act 2008	subsection 9(4)	Duty to provide certain information	Member of the staff of the ACC
38	Crimes (Controlled Operations) Act 2008	subsection 9(5)	Power to require additional information	CEO
39	Crimes (Controlled Operations) Act 2008	subsection 9(6)	Duty to make a written record of an urgent application and give a copy to the chief officer as soon as practicable	Member of the staff of the ACC
40	Crimes (Controlled Operations) Act 2008	subsection 10(1)	Power to authorise or refuse to authorise a controlled operation	CEO
41	Crimes (Controlled Operations) Act 2008	subsection 10(2)	Duty to be satisfied of certain matters	CEO
42	Crimes (Controlled Operations) Act 2008	subsection 11(3)	Duty to include certain details in an authority	Member of the staff of the ACC
43	Crimes (Controlled Operations) Act 2008	subsection 11(5)	Duty to ensure that written notes are kept of certain matters	CEO
44	Crimes (Controlled Operations) Act 2008	subsections 13(1) and (8)	Power to amend, or to refuse to amend, an authority	CEO
45	Crimes (Controlled Operations) Act 2008	subsection 13(3)	Power to apply for an amendment of an authority	Member of the staff of the ACC
46	Crimes (Controlled Operations) Act 2008	subsection 13(6)	Power to require additional information	CEO
47	Crimes (Controlled Operations) Act 2008	subsections 13(9) and (10)	Duty to be satisfied of certain matters	CEO
48	Crimes (Controlled Operations) Act 2008	paragraph 13(11)(b)	Duty to be satisfied of certain matters before granting an urgent amendment of authority	CEO
49	Crimes (Controlled Operations) Act 2008	subsection 13(12)	Duty to ensure that written notes are kept of certain matters and give a formal amendment to the applicant	CEO
50	Crimes (Controlled Operations) Act 2008	subsection 13(13)	Duty to inform participants in a controlled operation about grant of a standard amendment of authority	Member of the staff of the ACC
51	Crimes (Controlled Operations) Act 2008	section 14	Duty to include certain particulars in a formal amendment	CEO
52	Crimes (Controlled Operations) Act 2008	subsection 15(1)	Power to cancel an authority	CEO
53	Crimes (Controlled Operations) Act 2008	subsection 16(1)	Power to engage in stated controlled conduct	Member of the staff of the ACC
54	Crimes (Controlled Operations) Act 2008	subsection 24(1)	Duty to report loss of or damage to property	Member of the staff of the ACC
55	Crimes (Controlled Operations) Act 2008	subsections 24(2) and (3)	Duty to notify owner of loss or damage in certain circumstances	CEO
56	Crimes (Controlled Operations) Act 2008	section 27	Duty to report to chief officer on authorised operation	Member of the staff of the ACC
57	Crimes (Controlled Operations) Act 2008	subsections 28(1), (2), (4), (5) and (6)	Duty to report to Ministers on controlled operations conducted during financial year	CEO
58	Crimes (Controlled Operations) Act 2008	subsection 28(3)	Duty to give additional information to Minister	CEO
59	Crimes (Controlled Operations) Act 2008	subsection 28(7)	Duty to advise the Minister of information that should be excluded from the report before tabling	CEO
60	Crimes (Controlled Operations) Act 2008	section 29	Duty to cause certain documents to be kept	CEO
61	Crimes (Controlled Operations) Act 2008	section 30	Duty to cause a general register to be kept and to include certain details in it	CEO
62	Crimes (Controlled Operations) Act 2008	subsection 31(2)	Duty to allow the Ombudsman to enter ACC premises, give the Ombudsman full and free access to records and give information to the Ombudsman	CEO, or a member of the staff of the ACC
63	Crimes (Controlled Operations) Act 2008	subsection 31(3)	Duty to ensure that members of staff of the ACC give the Ombudsman reasonable assistance	CEO
64

Federal Register of Legislation - Australian Government

Primary content

Australian Crime Commission Regulations 2018