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Australian Crime Commission Regulations 2018

Authoritative Version
Regulations as amended, taking into account amendments up to Royal Commissions (Consequential Amendments) Regulations 2019
Administered by: Home Affairs
Registered 22 Oct 2019
Start Date 21 Sep 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Australian Crime Commission Regulations 2018

made under the

Australian Crime Commission Act 2002

Compilation No. 1

Compilation date:                              21 September 2019

Includes amendments up to:            F2019L01225

Registered:                                         22 October 2019

 

About this compilation

This compilation

This is a compilation of the Australian Crime Commission Regulations 2018 that shows the text of the law as amended and in force on 21 September 2019 (the compilation date).

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

Uncommenced amendments

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

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

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

3............ Authority....................................................................................................................... 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........................................ 6

17.......... Disclosure of ACC information to certain bodies corporate and classes of bodies corporate   6

Schedule 1—Bodies that collect national policing information               7

1............ Bodies that collect national policing information........................................................... 7

Schedule 2—Systems that hold national policing information                9

1............ Systems that hold national policing information............................................................ 9

Schedule 3—Forms of warrants                                                                                             10

Form 1—Search warrant under section 22 of the Act                                                            10

Form 2—Warrant under section 31 of the Act                                                                            13

Schedule 4—Duties, functions and powers conferred on the ACC by State laws          15

Part 1—Laws of New South Wales                                                                                                     15

1............ Duties, functions and powers conferred on the ACC by laws of New South Wales... 15

Part 2—Laws of Victoria                                                                                                                           16

2............ Duties, functions and powers conferred on the ACC by laws of Victoria................... 16

Part 3—Laws of Queensland                                                                                                                  17

3............ Duties, functions and powers conferred on the ACC by laws of Queensland............. 17

Part 4—Laws of Western Australia                                                                                                    18

4............ Duties, functions and powers conferred on the ACC by laws of Western Australia... 18

Part 5—Laws of South Australia                                                                                                         19

5............ Duties, functions and powers conferred on the ACC by laws of South Australia....... 19

Part 6—Laws of Tasmania                                                                                                                       20

6............ Duties, functions and powers conferred on the ACC by laws of Tasmania................ 20

Part 7—Laws of the Australian Capital Territory                                                                    21

7............ Duties, functions and powers conferred on the ACC by laws of the Australian Capital Territory           21

Part 8—Laws of the Northern Territory                                                                                         22

8............ Duties, functions and powers conferred on the ACC by laws of the Northern Territory 22

Schedule 5—Duties, functions and powers conferred on certain persons and bodies by State laws                                                                                                                        23

Part 1—Laws of New South Wales                                                                                                     23

1............ Duties, functions and powers conferred on certain persons and bodies by laws of New South Wales    23

Part 2—Laws of Victoria                                                                                                                           29

2............ Duties, functions and powers conferred on certain persons and bodies by laws of Victoria    29

Part 3—Laws of Queensland                                                                                                                  37

3............ Duties, functions and powers conferred on certain persons and bodies by laws of Queensland              37

Part 4—Laws of Western Australia                                                                                                    41

4............ Duties, functions and powers conferred on certain persons and bodies by laws of Western Australia    41

Part 5—Laws of South Australia                                                                                                         54

5............ Duties, functions and powers conferred on certain persons and bodies by laws of South Australia        54

Part 6—Laws of Tasmania                                                                                                                       62

6............ Duties, functions and powers conferred on certain persons and bodies by laws of Tasmania  62

Part 7—Laws of the Australian Capital Territory                                                                    72

7............ Duties, functions and powers conferred on certain persons and bodies by laws of the Australian Capital Territory.................................................................................................................................... 72

Part 8—Laws of the Northern Territory                                                                                         83

8............ Duties, functions and powers conferred on certain persons and bodies by laws of the Northern Territory              83

Schedule 6—Duties, functions and powers conferred on Federal Court Judges or Federal Circuit Court Judges by State laws                              94

Part 1—Laws of Victoria                                                                                                                           94

1............ Duties, functions and powers conferred on certain Judges by laws of Victoria.......... 94

Part 2—Laws of Western Australia                                                                                                    95

2............ Duties, functions and powers conferred on certain Judges by laws of Western Australia        95

Schedule 7—Disclosure of ACC information to certain international bodies    96

1............ International bodies to which ACC information may be disclosed.............................. 96

Schedule 8—Disclosure of national policing information to certain bodies         97

1............ Bodies to which national policing information may be disclosed................................ 97

Schedule 9—Disclosure of ACC information to certain bodies corporate and classes of bodies corporate                                                                                                      98

Part 1—Bodies corporate to which ACC information may be disclosed                     98

1............ Bodies corporate to which ACC information may be disclosed.................................. 98

Part 2—Classes of bodies corporate to which ACC information may be disclosed 102

2............ Classes of bodies corporate to which ACC information may be disclosed................ 102

Endnotes                                                                                                                                                             105

Endnote 1—About the endnotes                                                                                                    105

Endnote 2—Abbreviation key                                                                                                        106

Endnote 3—Legislation history                                                                                                     107

Endnote 4—Amendment history                                                                                                   108


Part 1Preliminary

  

1  Name

                   This instrument is the Australian Crime Commission Regulations 2018.

3  Authority

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

5  Definitions

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

(a)    ACC;

(b)    Board;

(c)    CEO;

(d)    examiner;

(e)    member of the staff of the ACC.

                   In this instrument:

Act means the Australian Crime Commission Act 2002.

Part 2Matters 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;

                     (c)  the ACC.

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 by subparagraph 6(1)(a)(i) of the Royal Commissions Regulations 2019 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 by subparagraph 6(1)(a)(ii) of the Royal Commissions Regulations 2019 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

                     (c)  if service in the manner specified in paragraph (a) or (b) is not practicable:

                              (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

                     (c)  a Judge of a court of a State or Territory.

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 1Bodies 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 2Systems 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 3Forms of warrants

Note:       See sections 10 and 13.

Form 1Search 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 2Warrant 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:

             (c)  if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and

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

Note:       See subsection 14(1).

Part 1Laws 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 2Laws 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 3Laws 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 4Laws 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 5Laws 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 6Laws 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 7Laws 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 8Laws 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 5Duties, functions and powers conferred on certain persons and bodies by State laws

Note:       See subsection 14(2).

Part 1Laws 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 2Laws 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 3Laws 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 4Laws 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 5Laws 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 6Laws 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 7Laws 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

Crimes (Controlled Operations) Act 2008

subsection 33(2)

Power to delegate a function under the Act to senior officers

CEO

65

Crimes (Protection of Witness Identity) Act 2011

subsection 11(1)

Power to give a witness identity protection certificate

CEO

66

Crimes (Protection of Witness Identity) Act 2011

subsection 12(1)

Duty to state certain information in a witness identity protection certificate

CEO

67

Crimes (Protection of Witness Identity) Act 2011

subsection 12(2)

Duty not to state certain information in a witness identity protection certificate

CEO

68

Crimes (Protection of Witness Identity) Act 2011

subsection 12(3)

Duty to make enquiries for subsection 12(1)

CEO

69

Crimes (Protection of Witness Identity) Act 2011

subsection 15(2)

Duty to cancel a witness identity protection certificate

CEO

70

Crimes (Protection of Witness Identity) Act 2011

subsection 15(3)

Duty to give notice that a witness identity protection certificate has been cancelled

CEO

71

Crimes (Protection of Witness Identity) Act 2011

subsection 19(2)

Power to permit a person to give information

CEO

72

Crimes (Protection of Witness Identity) Act 2011

subsection 19(3)

Duty to state certain information in the permission

CEO

73

Crimes (Protection of Witness Identity) Act 2011

subsection 21(1)

Duty to prepare an annual report

CEO

74

Crimes (Protection of Witness Identity) Act 2011

subsection 21(2)

Duty to include certain information in annual report

CEO

75

Crimes (Protection of Witness Identity) Act 2011

subsection 21(3)

Duty not to include certain information in annual report

CEO

76

Crimes (Protection of Witness Identity) Act 2011

subsection 21(4)

Duty give annual report to Minister

CEO

77

Crimes (Protection of Witness Identity) Act 2011

subsection 23(2)

Power to delegate functions to senior officers

CEO

78

Crimes (Surveillance Devices) Act 2010

subsection 11(1)

Power to apply for a surveillance device warrant

Member of the staff of the ACC

79

Crimes (Surveillance Devices) Act 2010

subsection 11(3)

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

Member of the staff of the ACC

80

Crimes (Surveillance Devices) Act 2010

subsection 11(4)

Power to make an urgent application for a warrant

Member of the staff of the ACC

81

Crimes (Surveillance Devices) Act 2010

subsection 11(5)

Duty to give information and send sworn affidavit

Member of the staff of the ACC

82

Crimes (Surveillance Devices) Act 2010

subsection 12(1)

Power to make a remote application for a surveillance device warrant

Member of the staff of the ACC

83

Crimes (Surveillance Devices) Act 2010

subsection 12(2)

Duty to transmit an affidavit in certain circumstances

Member of the staff of the ACC

84

Crimes (Surveillance Devices) Act 2010

subsections 15(1) to (4)

Power to act in accordance with a surveillance device warrant

Member of the staff of the ACC

85

Crimes (Surveillance Devices) Act 2010

subsection 15(5)

Duty to use a surveillance device under a warrant only in the performance of duty

Member of the staff of the ACC

86

Crimes (Surveillance Devices) Act 2010

subsection 16(1)

Power to apply for extension or amendment of a surveillance device warrant

Member of the staff of the ACC

87

Crimes (Surveillance Devices) Act 2010

subsection 16(2)

Duty to comply with requirements for making an application under subsection 16(1)

Member of the staff of the ACC

88

Crimes (Surveillance Devices) Act 2010

subsection 16(3)

Duty to comply with requirements in section 11 for making an application under subsection 14(1)

Member of the staff of the ACC

89

Crimes (Surveillance Devices) Act 2010

subsection 16(3)

Power to make a remote application in accordance with subsection 12(1)

Member of the staff of the ACC

90

Crimes (Surveillance Devices) Act 2010

subsection 16(3)

Duty to transmit an affidavit in accordance with subsection 12(2)

Member of the staff of the ACC

91

Crimes (Surveillance Devices) Act 2010

subsection 18(2)

Duty to ensure that use of a surveillance device under warrant is discontinued if no longer necessary

CEO

92

Crimes (Surveillance Devices) Act 2010

subsection 18(3)

Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued

CEO

93

Crimes (Surveillance Devices) Act 2010

subsection 18(4)

Duty to inform chief officer if use of surveillance device under warrant is no longer necessary

Member of the staff of the ACC

94

Crimes (Surveillance Devices) Act 2010

subsection 19(1)

Power to apply for a retrieval warrant

Member of the staff of the ACC

95

Crimes (Surveillance Devices) Act 2010

subsections 19(2) and (3)

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

Member of the staff of the ACC

96

Crimes (Surveillance Devices) Act 2010

subsection 19(4)

Power to make an urgent application for a retrieval warrant

Member of the staff of the ACC

97

Crimes (Surveillance Devices) Act 2010

subsection 19(5)

Duty to provide information and send affidavit

Member of the staff of the ACC

98

Crimes (Surveillance Devices) Act 2010

subsection 20(1)

Power to make a remote application for a retrieval warrant

Member of the staff of the ACC

99

Crimes (Surveillance Devices) Act 2010

subsection 20(2)

Duty to transmit an affidavit in certain circumstances

Member of the staff of the ACC

100

Crimes (Surveillance Devices) Act 2010

section 23

Power to act in accordance with retrieval warrant

Member of the staff of the ACC

101

Crimes (Surveillance Devices) Act 2010

subsection 24(2)

Power to apply for revocation of retrieval warrant

Member of the staff of the ACC

102

Crimes (Surveillance Devices) Act 2010

subsection 24(5)

Duty to ensure an application is made for revocation of a retrieval warrant if grounds for issue no longer exist

CEO

103

Crimes (Surveillance Devices) Act 2010

subsection 24(6)

Duty to inform chief officer if grounds for issue of retrieval warrant no longer exist

Member of the staff of the ACC

104

Crimes (Surveillance Devices) Act 2010

subsections 25(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

105

Crimes (Surveillance Devices) Act 2010

subsection 25(3)

Power to give an emergency authorisation for the use of a surveillance device

CEO

106

Crimes (Surveillance Devices) Act 2010

subsection 25(4)

Power to act in accordance with emergency authorisation for the use of a surveillance device

Member of the staff of the ACC

107

Crimes (Surveillance Devices) Act 2010

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

108

Crimes (Surveillance Devices) Act 2010

subsection 26(3)

Power to give an emergency authorisation for the use of a surveillance device

CEO

109

Crimes (Surveillance Devices) Act 2010

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

110