Australian Crime Commission Regulations 2002

Statutory Rules 1984 No. 132 as amended

made under the

Australian Crime Commission Act 2002

This compilation was prepared on 13 July 2010
taking into account amendments up to SLI 2010 No. 194

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Definitions 

 3 Serious and organised crime offences 

 4 Search warrant 

 5 Scale prescribed for payment of expenses of witnesses 

 7 Service of summons to appear before an examiner 

 8 Warrant for arrest of witness 

 8A Duties, functions and powers conferred by State laws 

 9 Agencies and bodies to which information may be given 

Schedule 1  

Form 1 Search warrant under section 22 

Form 2 Warrant under section 31 

Schedule 2 Scale for payment of expenses of witnesses 

Schedule 3 Duties, functions and powers conferred on certain persons and bodies by State laws             

Part 1 Laws of New South Wales 

Part 2 Laws of Victoria 

Part 3 Laws of Queensland 

Part 4 Laws of Western Australia 

Part 5 Laws of South Australia 

Part 6 Laws of Tasmania 

Part 7 Laws of the Australian Capital Territory 

Part 8 Laws of the Northern Territory 

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

Part 1 Laws of New South Wales 

Part 2 Laws of Victoria 

Part 3 Laws of Queensland 

Part 4 Laws of Western Australia 

Part 5 Laws of South Australia 

Part 7 Laws of the Australian Capital Territory 

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

Part 2  Laws of Victoria 

Part 4 Laws of Western Australia 

Schedule 6 Agencies and bodies to which information may be given             

Part 1 Commonwealth 

Part 2 New South Wales 

Part 3 Victoria 

Part 4 Queensland 

Part 5 Western Australia 

Part 6 South Australia 

Part 7 Tasmania 

Part 8 Australian Capital Territory 

Part 9 Northern Territory 

Notes   

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Australian Crime Commission Regulations 2002.

2 Definitions

  In these Regulations:

ACC means the Australian Crime Commission.

Act means the Australian Crime Commission Act 2002.

3 Serious and organised crime offences

  For paragraph (d) of the definition of serious and organised crime in subsection 4 (1) of the Act, each offence mentioned in Division 272 or 273 of the Criminal Code is prescribed.

4 Search warrant

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

5 Scale prescribed for payment of expenses of witnesses

 (1) For the purposes of section 26 of the Act, the prescribed scale is the scale in Schedule 2.

 (2) In the scale in Schedule 2, a reference to the High Court Rules shall be read as a reference to the High Court Rules as in force from time to time.

7 Service of summons to appear before an examiner

 (1) For the purposes of subsection 30 (1) or (2) of the Act, each of the following manners of serving a summons is prescribed:

 (a) where the person named in the summons is a natural person:

 (i) tendering a copy of the summons to the person or, if on tender of the copy the person refuses to accept it, putting it down in the presence of the person or leaving it at or upon the place or premises where the person is;

 (ii) if service in the manner specified in subparagraph (i) is not practicable — leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing, or employed, at that place or sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or at the last known or usual postal address of the person;

 (iii) if a Judge has, subject to subregulation (2), given a direction that the summons should be so served — leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person, or sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by the person;

 (b) where the person named in the summons is a body corporate:

 (i) tendering a copy of the summons to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, above the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate or, if on tender of the copy the person refuses to accept it, leaving it at or upon the premises;

 (ii) sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or at a postal address of the body corporate.

 (2) A Judge shall not give a direction referred to in subparagraph (1) (a) (iii) in relation to the service of a summons on a person unless the Judge is satisfied upon information furnished in writing by an examiner, that:

 (a) service of the summons on the person in a manner specified in subparagraph (1) (a) (i) or (ii) has not been, or is not likely to be, successful; and

 (b) there is a likelihood that service of the summons in a manner specified in paragraph (1) (a) (iii) would result in the summons coming to the notice of the person.

 (3) In this regulation, Judge means:

 (a) a Judge of the Federal Court; or

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

8 Warrant for arrest of witness

  A warrant issued under subsection 31 (1) of the Act for the apprehension of a person shall be in accordance with Form 2 in Schedule 1.

8A Duties, functions and powers conferred by State laws

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

 (2) For subparagraphs 55A (4) (b) (ii) and (5) (b) (ii) of the Act, each kind of duty, function or power under a provision of a State law mentioned in an item in Schedule 3 may be conferred on the person or body mentioned in the item.

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

9 Agencies and bodies to which information may be given

  For paragraph 59 (7) (c) of the Act, an agency or body mentioned in Schedule 6 is prescribed.

 

Schedule 1  

Form 1 Search warrant under section 22

(regulation 3)

COMMONWEALTH OF AUSTRALIA

Australian Crime Commission Act 2002

SEARCH WARRANT UNDER SECTION 22

TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the police force of (insert name of State, as the case requires)] * [any other person] who is the executing officer for this warrant:

On the basis of:

 (a) an application made *[under subsection 22 (1)] *[by telephone under subsection 23 (1)] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to:

*[land situated at (insert address);]

*[premises situated at (insert address);]

*[the vessel (insert name) owned by (insert name and address of owner);]

*[the aircraft (insert identifying marks) owned by (insert name and address of owner);]

*[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);] and

 (b) information given to me *[by affidavit] *[by affidavit and orally] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2;

I, (insert full name of issuing officer), a *[Judge] *[magistrate] of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:

 (c) *[at any time of the day or night] *[between the hours of ... and ... ] to enter *[on] *[into] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle]; and

 (d) to search the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] for things of a relevant kind specified in Schedule 1 that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2; and

 (e) to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACC *[operation] *[investigation] specified in Schedule 2 found *[on] *[in] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] and to deliver them to any person participating in the special ACC *[operation] *[investigation].

THIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).

Issued on (insert date of issue).

..................................

(Signature and designation of issuing officer)

 

(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.)

 

*This warrant is issued for the following reasons:

(insert the reasons)

Schedule 1

(Insert a description of the particular thing or things, connected with the special ACC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.)

Schedule 2

1. The special ACC *[operation] *[investigation] is (insert description of the special ACC operation/investigation).

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

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

 

*Omit if inapplicable

 

Form 2 Warrant under section 31

(regulation 8)

COMMONWEALTH OF AUSTRALIA

Australian Crime Commission Act 2002

WARRANT UNDER SECTION 31

TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the Police Force of the (insert name of State, as case requires)] *[any other person]:

On the basis of:

 (a) the application made by *[(insert full name of applicant)], an examiner appointed under subsection 46B (1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and

 (b) my satisfaction by evidence on oath that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):

*[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver *[his] *[her] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;]

*[in relation to whom a summons has been issued under subsection 28 (1) of the Australian Crime Commission Act 2002:

 (i) has absconded or is likely to abscond; or

 (ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;]

*[has committed an offence under subsection 30 (1) of the Australian Crime Commission Act 2002, or is likely to do so;]

I, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant:

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

 (b) to apprehend (insert full name of person to be apprehended):

to bring *[him] *[her], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law.

Dated (insert date of issue).

............................

(Signature and designation of Judge)

 

*Omit if inapplicable

Schedule 2 Scale for payment of expenses of witnesses

(regulation 5)

 

 1. Witness appearing before an examiner to give evidence because of his professional, scientific or other special skill or knowledge in respect of each day on which he so appears, an amount of not less than the lesser amount specified in the High Court Rules in relation to expenses of witnesses possessing such skill or knowledge and not more than the greater amount so specified.

 2. Witness, other than a witness referred to in Item 1, appearing before an examiner:

 (a) in the case of a witness remunerated by wages, salary or fee — such amount as is provided for in the High Court Rules in relation to expenses of witnesses so remunerated;

 (b) in any other case — such amount as is provided for in the High Court Rules in relation to expenses of witnesses generally.

 3. Witness appearing before an examiner to give expert evidence — in addition to any other amount payable to him under Item 1 or 2, a reasonable amount for qualifying to give that evidence.

 4. Any witness appearing before an examiner such amount as is reasonable:

 (a) in respect of his conveyance to and from the place at which he so attends; and

 (b) if he is required to be absent overnight from his usual place of residence — for meals and accommodation.

Schedule 3 Duties, functions and powers conferred on certain persons and bodies by State laws

(subregulation 8A (2))

Part 1 Laws of New South Wales

 

Item

Law

Provision

Duty, function or power

Person or body

101

Births, Deaths and Marriages Registration Regulation 2001

clause 13

Power to apply for an old birth certificate

Member of the staff of the ACC

102

Crimes (Detention After Arrest) Regulation 1998

clause 12

Power to act as custody manager

Member of the staff of the ACC

103

Law Enforcement and National Security (Assumed Identities) Act 1998

section 4

Power to grant, vary or revoke an assumed identity approval

CEO

104

Law Enforcement and National Security (Assumed Identities) Act 1998

section 5

Power to acquire and use an assumed identity

Member of the staff of the ACC

105

Law Enforcement and National Security (Assumed Identities) Act 1998

section 6

Power to request a body to do certain things

CEO

106

Law Enforcement and National Security (Assumed Identities) Act 1998

subsection 7 (1)

Power to apply for an order to make an entry in a register of births or marriages

CEO

107

Law Enforcement and National Security (Assumed Identities) Act 1998

subsection 7 (3)

Duty to provide evidence

CEO

108

Law Enforcement and National Security (Assumed Identities) Act 1998

subsection 7 (5)

Duty to maintain records

CEO

109

Law Enforcement and National Security (Assumed Identities) Act 1998

section 10

Duty to ensure that a record is kept of assumed identity approvals granted, varied or revoked

CEO

110

Law Enforcement and National Security (Assumed Identities) Act 1998

section 11

Duty to appoint a person to audit record of assumed identity approvals

CEO

111

Law Enforcement and National Security (Assumed Identities) Act 1998

section 16

Power to delegate functions

CEO

112

Law Enforcement (Controlled Operations) Act 1997

subsection 5 (1)

Power to apply for authority to conduct a controlled operation

Member of the staff of the ACC

113

Law Enforcement (Controlled Operations) Act 1997

subsection 5 (2A)

Duty to provide certain particulars

Member of the staff of the ACC

114

Law Enforcement (Controlled Operations) Act 1997

subsection 5 (3)

Power to require additional information

CEO

115

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (1)

Power to authorise or refuse to authorise a controlled operation

CEO

116

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (2)

Duty not to grant authority unless code of conduct is prescribed by the regulations

CEO

117

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (3)

Duty to be satisfied of certain matters

CEO

118

Law Enforcement (Controlled Operations) Act 1997

subsection 6 (4)

Duty to have regard to certain matters

CEO

120

Law Enforcement (Controlled Operations) Act 1997

subsection 8 (2)

Duty to include certain details in an authority

CEO

121

Law Enforcement (Controlled Operations) Act 1997

subsection 8 (5)

Duty to ensure that written notes are kept of certain matters

CEO

122

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (1)

Power to apply for a variation of an authority

Member of the staff of the ACC

123

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (2)

Power to require additional information

CEO

124

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (3)

Power to vary an authority or refuse an application for a variation

CEO

125

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (4)

Duty to be satisfied of certain matters

CEO

126

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (6)

Duty to use form of authority

CEO

127

Law Enforcement (Controlled Operations) Act 1997

subsection 10 (8)

Duty to ensure that written notes are kept of certain matters

CEO

128

Law Enforcement (Controlled Operations) Act 1997

section 12

Power to cancel an authority

CEO

129

Law Enforcement (Controlled Operations) Act 1997

section 13

Power to engage in certain controlled activities

Member of the staff of the ACC

130

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (1)

Power to apply for retrospective authority

CEO

131

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (2)

Power to permit the manner of application for retrospective authority

CEO

132

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (3)

Power to require information

CEO

133

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (4)

Power to grant or refuse application for retrospective authority

CEO

134

Law Enforcement (Controlled Operations) Act 1997

subsection 14 (5)

Duty to be satisfied of certain matters

CEO

135

Law Enforcement (Controlled Operations) Act 1997

section 15

Duty to report

Member of the staff of the ACC

136

Law Enforcement (Controlled Operations) Act 1997

section 17

Power to issue a certificate certifying certain matters

CEO

137

Law Enforcement (Controlled Operations) Act 1997

section 21

Duty to give a notice to the Ombudsman

CEO

138

Law Enforcement (Controlled Operations) Act 1997

section 29

Power to delegate

CEO

139

Law Enforcement (Controlled Operations) Regulation 1998

clause 5

Power to make an urgent application, and duty to ensure that written notes are kept of certain information

Member of the staff of the ACC

140

Law Enforcement (Controlled Operations) Regulation 1998

clause 5A

Duty to use form for grant of authority

CEO

141

Law Enforcement (Controlled Operations) Regulation 1998

clause 6

Power to make an urgent application, and duty to ensure that written notes are kept of certain information

Member of the staff of the ACC

142

Law Enforcement (Controlled Operations) Regulation 1998

clause 6A

Duty to use form for grant of variation of authority

CEO

143

Law Enforcement (Controlled Operations) Regulation 1998

clause 7

Power to require certain matters to be included in report

CEO

144

Law Enforcement (Controlled Operations) Regulation 1998

clause 7

Duty to include certain matters in report

Member of the staff of the ACC

145

Law Enforcement (Controlled Operations) Regulation 1998

clause 9

Duty to give notice to the Ombudsman including certain details

CEO

146

Law Enforcement (Controlled Operations) Regulation 1998

clause 10

Duty to give notice to the Ombudsman including certain details

CEO

147

Law Enforcement (Controlled Operations) Regulation 1998

clause 12

Duty to give notice to the Ombudsman including certain details

CEO

148

Law Enforcement (Controlled Operations) Regulation 1998

Schedule 1, as applied by clause 8

Duty to act in good faith, disclose certain matters, refrain from certain conduct, and brief participants

Member of the staff of the ACC

149

New South Wales Crime Commission Act 1985

paragraph 24 (1) (c)

Duty to serve on Management Committee

Chair of the Board

150

New South Wales Crime Commission Act 1985

subsection 24 (3)

Power to appoint a person to attend a meeting of the Management Committee

Chair of the Board

151

New South Wales Crime Commission Act 1985

subsection 24 (5)

Functions of a member of the Management Committee

Chair of the Board

152

New South Wales Crime Commission Act 1985

subsection 25 (1)

Functions of the Management Committee

Chair of the Board

153

New South Wales Crime Commission Act 1985

subsection 25 (2)

Duty to be satisfied of certain matters

Chair of the Board

154

New South Wales Crime Commission Act 1985

subsection 25 (3)

Power to impose limitations

Chair of the Board

155

New South Wales Crime Commission Act 1985

subsection 25 (6)

Duty to give high priority to certain matters

Chair of the Board

156

New South Wales Crime Commission Act 1985

section 27

Power to give directions and furnish guidelines

Chair of the Board

157

New South Wales Crime Commission Act 1985

subsection 27A (1)

Power to make arrangements

Chair of the Board

158

New South Wales Crime Commission Act 1985

subsection 27A (3)

Power to give directions and furnish guidelines

Chair of the Board

159

Witness Protection Act 1995

section 15

Power to apply to have a new entry made in a register and a document issued, and duty to provide evidence

CEO

Part 2 Laws of Victoria

 

Item

Law

Provision

Duty, function or power

Person or body

2001

Crimes (Assumed Identities) Act 2004

subsection 4 (1)

Power to apply for an authority to acquire or use an assumed identity

Member of the staff of the ACC

2002

Crimes (Assumed Identities) Act 2004

paragraph 4 (3) (a)

Power to approve form of application for authority

CEO

2003

Crimes (Assumed Identities) Act 2004

subsection 4 (3)

Duty to comply with requirements for making an application for an authority

Member of the staff of the ACC

2004

Crimes (Assumed Identities) Act 2004

subsection 4 (4)

Power to require additional information

CEO

2005

Crimes (Assumed Identities) Act 2004

subsection 5 (1)

Power to grant or refuse to grant an authority to acquire or use an assumed identity

CEO

2006

Crimes (Assumed Identities) Act 2004

subsection 5 (2)

Duty not to grant an authority unless satisfied of certain matters

CEO

2007

Crimes (Assumed Identities) Act 2004

subsection 5 (3)

Duty to appoint a member of the staff of the ACC to supervise the acquisition or use of an assumed identity by an authorised civilian

CEO

2008

Crimes (Assumed Identities) Act 2004

paragraph 5 (5) (a)

Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages

CEO

2009

Crimes (Assumed Identities) Act 2004

paragraph 5 (5) (b)

Power to grant an authority that authorises a request to produce and give evidence of an assumed identity

CEO

2010

Crimes (Assumed Identities) Act 2004

paragraph 5 (5) (c)

Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction

CEO

2011

Crimes (Assumed Identities) Act 2004

paragraph 6 (1) (a)

Power to approve the form of an authority

CEO

2012

Crimes (Assumed Identities) Act 2004

subsections 6 (2) and (3)

Duty to include certain particulars in an authority

CEO

2013

Crimes (Assumed Identities) Act 2004

paragraph 8 (1) (a)

Power to vary or cancel an authority

CEO

2014

Crimes (Assumed Identities) Act 2004

paragraph 8 (1) (b)

Duty to cancel an authority

CEO

2015

Crimes (Assumed Identities) Act 2004

subsection 8 (2)

Duty to give written notice of the variation or cancellation of an authority

CEO

2016

Crimes (Assumed Identities) Act 2004

subsection 8 (3)

Duty to give reasons for the variation or cancellation of an authority

CEO

2017

Crimes (Assumed Identities) Act 2004

subsections 9 (1), (2) and (3)

Duty to review each authority granted under the Act at least once every 12 months

CEO

2018

Crimes (Assumed Identities) Act 2004

subsection 9 (4)

Duty to cancel an authority

CEO

2019

Crimes (Assumed Identities) Act 2004

subsection 9 (5)

Duty to record opinion and reasons for it, in writing

CEO

2020

Crimes (Assumed Identities) Act 2004

paragraph 10 (2) (a)

Power to apply for an order to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic)

CEO

2021

Crimes (Assumed Identities) Act 2004

subsection 11 (2)

Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic)

CEO

2022

Crimes (Assumed Identities) Act 2004

subsection 11 (3)

Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction

CEO

2023

Crimes (Assumed Identities) Act 2004

subsection 13 (2)

Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity

CEO

2024

Crimes (Assumed Identities) Act 2004

subsection 16 (1)

Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity

CEO

2025

Crimes (Assumed Identities) Act 2004

subsection 19 (1)

Power to acquire or use an assumed identity

Member of the staff of the ACC

2026

Crimes (Assumed Identities) Act 2004

subsection 24 (2)

Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity

CEO

2027

Crimes (Assumed Identities) Act 2004

subsection 31 (1)

Duty to submit a report to the Minister

CEO

2028

Crimes (Assumed Identities) Act 2004

subsection 31 (2)

Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament

CEO

2029

Crimes (Assumed Identities) Act 2004

subsection 32 (1)

Duty to cause appropriate records, including certain details, about the operation of the Act to be kept

CEO

2030

Crimes (Assumed Identities) Act 2004

subsection 33 (1)

Duty to arrange for records to be audited

CEO

2031

Crimes (Assumed Identities) Act 2004

subsection 33 (2)

Power to appoint auditor

CEO

2032

Crimes (Assumed Identities) Act 2004

section 34

Power to delegate functions to senior officers

CEO

2068

Evidence Act 1958

subsection 42BB (1)

Power to give a witness identity protection certificate

CEO

2069

Evidence Act 1958

subsection 42BB (2)

Duty to make all reasonable enquiries

CEO

2070

Evidence Act 1958

subsection 42BB (3)

Duty not to give a witness identity protection certificate until a statutory declaration is obtained

CEO

2071

Evidence Act 1958

subsection 42BC (1)

Duty to make a statutory declaration

Member of the staff of the ACC

2072

Evidence Act 1958

subsection 42BD (1)

Duty to state certain information in a witness identity protection certificate

CEO

2073

Evidence Act 1958

subsection 42BD (2)

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

CEO

2074

Evidence Act 1958

subsection 42BF (2)

Duty to cancel a witness identity protection certificate

CEO

2075

Evidence Act 1958

subsection 42BF (3)

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

CEO

2076

Evidence Act 1958

subsections 42BG (2) and (3)

Power to permit a person to give information

CEO

2077

Evidence Act 1958

subsections 42BI (1), (2) and (3)

Duty to submit a report to the Minister

CEO

2078

Evidence Act 1958

subsection 42BJ (2)

Power to delegate functions

CEO

2079

Surveillance Devices Act 1999

subsection 15 (1)

Power to apply for a surveillance device warrant

Member of the staff of the ACC

2080

Surveillance Devices Act 1999

paragraph 15 (2) (a)

Power to approve the making of an application for a surveillance device warrant

CEO, or a member of the staff of the ACC

2081

Surveillance Devices Act 1999

subsections 15 (2), (3), (4), (5) and (6)

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

Member of the staff of the ACC

2082

Surveillance Devices Act 1999

subsection 16 (1)

Power to make a remote application for a surveillance device warrant

Member of the staff of the ACC

2083

Surveillance Devices Act 1999

subsection 16 (2)

Duty to transmit an affidavit in certain circumstances

Member of the staff of the ACC

2084

Surveillance Devices Act 1999

subsections 19 (1), (2), (3), (4), (6), (7) and (8)

Power to act in accordance with a surveillance device warrant

Member of the staff of the ACC

2085

Surveillance Devices Act 1999

subsection 19 (5)

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

Member of the staff of the ACC

2086

Surveillance Devices Act 1999

subsection 20 (1)

Power to apply for extension or variation of surveillance device warrant

Member of the staff of the ACC

2087

Surveillance Devices Act 1999

subsection 20 (2)

Duty to comply with requirements for making an application under subsection 20 (1)

Member of the staff of the ACC

2088

Surveillance Devices Act 1999

subsection 20 (3)

Duty to comply with requirements in section 15 for making an application under subsection 20 (1)

Member of the staff of the ACC

2089

Surveillance Devices Act 1999

subsection 20 (3)

Power to make a remote application under subsection 20 (1) in accordance with subsection 16 (1)

Member of the staff of the ACC

2090

Surveillance Devices Act 1999

subsection 20 (3)

Duty to transmit an affidavit in accordance with subsection 16 (2)

Member of the staff of the ACC

2091

Surveillance Devices Act 1999

subsection 20A (2)

Duty to revoke a surveillance device warrant

CEO

2092

Surveillance Devices Act 1999

subsection 20B (2)

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

CEO

2093

Surveillance Devices Act 1999

subsection 20B (3)

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

CEO

2094

Surveillance Devices Act 1999

subsection 20B (4)

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

Member of the staff of the ACC

2095

Surveillance Devices Act 1999

subsection 20C (1)

Power to apply for a retrieval warrant

Member of the staff of the ACC

2096

Surveillance Devices Act 1999

paragraph 20C (2) (a)

Power to approve the making of an application for a retrieval warrant

CEO, or a member of the staff of the ACC

2097

Surveillance Devices Act 1999

subsections 20C (2), (3), (4), (5) and (6)

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

Member of the staff of the ACC

2098

Surveillance Devices Act 1999

subsection 20D (1)

Power to make a remote application for a retrieval warrant

Member of the staff of the ACC

2099

Surveillance Devices Act 1999

subsection 20D (2)

Duty to transmit an affidavit in certain circumstances

Member of the staff of the ACC

2100

Surveillance Devices Act 1999

section 20G

Power to act in accordance with retrieval warrant

Member of the staff of the ACC

2101

Surveillance Devices Act 1999

subsection 20H (3)

Duty to revoke a retrieval warrant

CEO

2102

Surveillance Devices Act 1999

subsection 20H (4)

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

Member of the staff of the ACC

2103

Surveillance Devices Act 1999

subsection 21 (1)

Power to apply for an order directing a person to assist in the execution of a warrant

Member of the staff of the ACC

2104

Surveillance Devices Act 1999

subsection 21 (2)

Duty to comply with requirements for making an application

Member of the staff of the ACC

2105

Surveillance Devices Act 1999

subsections 26 (1) and (2)

Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device

Member of the staff of the ACC

2106

Surveillance Devices Act 1999

subsection 26 (3)

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

CEO, or a member of the staff of the ACC

2107

Surveillance Devices Act 1999

subsection 26 (4)

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

Member of the staff of the ACC

2108

Surveillance Devices Act 1999

subsections 27 (1) and (2)

Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device

Member of the staff of the ACC

2109

Surveillance Devices Act 1999

subsection 27 (3)

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

CEO, or a member of the staff of the ACC

2110

Surveillance Devices Act 1999

subsection 27 (4)

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

Member of the staff of the ACC

2111

Surveillance Devices Act 1999

subsection 28 (1)

Duty to apply for approval of the exercise of powers under an emergency authorisation

CEO, or a member of the staff of the ACC

2112

Surveillance Devices Act 1999

subsection 28 (2)

Duty to comply with requirements for making an application for approval

CEO, or a member of the staff of the ACC

2113

Surveillance Devices Act 1999

paragraph 30H (1) (a)

Duty to ensure that records and reports are kept securely

CEO

2114

Surveillance Devices Act 1999

paragraph 30H (1) (b)

Duty to destroy records and reports

CEO

2115

Surveillance Devices Act 1999

section 30K

Duty to report to judge or magistrate including certain details

Member of the staff of the ACC

2116

Surveillance Devices Act 1999

subsections 30L (1), (2) and (3)

Duty to submit annual report to the Minister

CEO

2117

Surveillance Devices Act 1999

section 30M

Duty to keep documents connected with warrants and emergency authorisations

CEO

2118

Surveillance Devices Act 1999

section 30N

Duty to keep other records in connection with warrants and emergency authorisations

CEO

2119

Surveillance Devices Act 1999

section 30O

Duty to cause register of warrants and emergency authorisations, including certain details, to be kept

CEO

2120

Surveillance Devices Act 1999

subsection 30P (3)

Duty to ensure that members of the staff of the ACC assist the Ombudsman

CEO

2121

Surveillance Devices Act 1999

subsection 36 (1)

Power to issue a written evidentiary certificate

CEO or a member of the staff of the ACC

2122

Witness Protection Act 1991

subsection 4 (1)

Power to make a new entry in the register of births or register of marriages

Member of the staff of the ACC

2123

Witness Protection Act 1991

subsection 6 (1A)

Power to apply for an order for authorisation

CEO

2124

Witness Protection Act 1991

subsection 6 (2)

Duty to provide evidence

CEO

2125

Witness Protection Act 1991

subsection 10 (2)

Power to disclose former identity

CEO, or member of the staff of the ACC

2126

Witness Protection Act 1991

section 15

Power to give a certificate

CEO

2127

Witness Protection Act 1991

subsection 21 (1)

Power to make arrangements with the Chief Commissioner of Police

CEO

Part 3 Laws of Queensland

 

Item

Law

Provision

Duty, function or power

Person or body

301

Crime and Misconduct Act 2001

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

Function of being a member of the reference committee

CEO

302

Crime and Misconduct Act 2001

subsection 279 (4)

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

CEO

Part 4 Laws of Western Australia

 

Item

Law

Provision

Duty, function or power

Person or body

401

Surveillance Devices Act 1998

subsection 3 (1)

Power to authorise a person

Chair of the Board of the ACC

402

Surveillance Devices Act 1998

subsection 13 (9)

Power to take action in accordance with a warrant

Member of the staff of the ACC

403

Surveillance Devices Act 1998

paragraph 15 (1) (c)

Power to apply for a warrant

Member of the staff of the ACC

404

Surveillance Devices Act 1998

subsection 15 (2)

Power to apply for a warrant on behalf of another law enforcement officer

Member of the staff of the ACC

405

Surveillance Devices Act 1998

paragraph 15 (3) (c)

Power to authorise action

Chair of the Board of the ACC

406

Surveillance Devices Act 1998

paragraphs 15 (3) (c), (e), (f) and (g)

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

Member of the staff of the ACC

407

Surveillance Devices Act 1998

paragraph 15 (3) (d)

Duty to specify name of other law enforcement officer in an application for a warrant under subsection 15 (2)

Member of the staff of the ACC

408

Surveillance Devices Act 1998

paragraphs 15 (3) (h), (i) and (j)

Power to make requests in an application for a warrant

Member of the staff of the ACC

409

Surveillance Devices Act 1998

subsection 16 (1)

Power to apply to a court for a warrant by any means of communication

Member of the staff of the ACC

410

Surveillance Devices Act 1998

subsection 16 (3)

Duty to comply with requirements in section 15 for making an application for a warrant under subsection 16 (1)

Member of the staff of the ACC

411

Surveillance Devices Act 1998

subsection 16 (4)

Power to cause an application for a warrant to be transmitted

Member of the staff of the ACC

412

Surveillance Devices Act 1998

paragraph 17 (2) (c)

Duty to complete a form of warrant

Member of the staff of the ACC

413

Surveillance Devices Act 1998

subsection 17 (3)

Duty to forward the form of warrant, prepared information and sworn affidavit to the court

Member of the staff of the ACC

414

Surveillance Devices Act 1998

subsection 17 (5)

Power to act in accordance with a form of warrant

Member of the staff of the ACC

415

Surveillance Devices Act 1998

subsection 19 (1)

Power to apply to a court for an extension of the period that a warrant is to be in force

Member of the staff of the ACC

416

Surveillance Devices Act 1998

subsection 19 (2)

Duty to comply with requirements for making an application for an extension

Member of the staff of the ACC

417

Surveillance Devices Act 1998

paragraph 20 (a)

Power to install, use or maintain, or cause to be installed, used or maintained, a listening device in accordance with an emergency authorisation

Member of the staff of the ACC

418

Surveillance Devices Act 1998

paragraph 20 (b)

Power to install, use or maintain, or cause to be installed, used or maintained, an optical surveillance device in accordance with an emergency authorisation

Member of the staff of the ACC

419

Surveillance Devices Act 1998

paragraph 20 (c)

Power to attach, install, use or maintain, or cause to be attached, installed, used or maintained, a tracking device in accordance with an emergency authorisation

Member of the staff of the ACC

420

Surveillance Devices Act 1998

paragraph 20 (d)

Power to retrieve, or cause to be retrieved, a surveillance device in accordance with an emergency authorisation

Member of the staff of the ACC

421

Surveillance Devices Act 1998

paragraphs 20 (e), (f) and (g)

Power to enter premises, for a purpose mentioned in paragraphs 20 (a) to (d), in accordance with an emergency authorisation

Member of the staff of the ACC

422

Surveillance Devices Act 1998

paragraph 20 (h)

Power to connect a surveillance device to an electricity supply system and use electricity from that system to operate the device in accordance with an emergency authorisation

Member of the staff of the ACC

423

Surveillance Devices Act 1998

paragraph 20 (i)

Power to temporarily remove a vehicle from and return the vehicle to premises for the purpose of the attachment, installation, maintenance or retrieval of a tracking device in accordance with an emergency authorisation

Member of the staff of the ACC

424

Surveillance Devices Act 1998

subsection 21 (1)

Power to apply for an emergency authorisation

Member of the staff of the ACC

425

Surveillance Devices Act 1998

subsection 21 (2)

Power to apply for an emergency authorisation for the retrieval of a listening device, an optical surveillance device or a tracking device

Member of the staff of the ACC

426

Surveillance Devices Act 1998

subsection 21 (3)

Power to apply to an authorised person for an emergency authorisation by any means of communication

Member of the staff of the ACC

427

Surveillance Devices Act 1998

subsection 21 (4)

Duty to deliver a written report to a Judge in relation to use of a surveillance device

Member of the staff of the ACC

428

Surveillance Devices Act 1998

subsection 21 (5)

Duty to deliver a written report to a Judge in relation to retrieval of a surveillance device

Member of the staff of the ACC

429

Surveillance Devices Act 1998

subsection 21 (6)

Power to take action in accordance with an emergency authorisation

Member of the staff of the ACC

430

Surveillance Devices Act 1998

subsection 22 (2)

Power to retrieve a surveillance device in accordance with a surveillance device (retrieval) warrant

Member of the staff of the ACC

431

Surveillance Devices Act 1998

subsection 22 (3)

Power to take action in accordance with a surveillance device (retrieval) warrant

Member of the staff of the ACC

432

Surveillance Devices Act 1998

subsection 22 (3)

Power to apply in accordance with subsection 15 (1) for a surveillance device (retrieval) warrant

Member of the staff of the ACC

433

Surveillance Devices Act 1998

subsection 22 (3)

Duty to comply with requirement in paragraph 15 (3) (c) for making an application for a surveillance device (retrieval) warrant

Member of the staff of the ACC

434

Surveillance Devices Act 1998

subsection 32 (3)

Duty to make an application for an order under section 31 ex parte

Member of the staff of the ACC

435

Surveillance Devices Act 1998

subsection 40 (3)

Power to seize an item to give effect to a court order and power to enter premises for that purpose

Member of the staff of the ACC

436

Surveillance Devices Act 1998

subsection 43 (3)

Duty to give a report to the Minister

Chair of the Board of the ACC

437

Witness Protection (Western Australia) Act 1996

subsection 6 (1)

Power to make arrangements with the Commissioner of Police

Chair of the Board of the ACC

438

Witness Protection (Western Australia) Act 1996

subsection 8 (1)

Power to request that a person be included in the State Witness Protection Program

Chair of the Board of the ACC

439

Witness Protection (Western Australia) Act 1996

paragraph 20 (2) (a)

Power to apply to the Supreme Court for a new identity order

Chair of the Board of the ACC

440

Witness Protection (Western Australia) Act 1996

paragraph 20 (2) (b)

Power to apply to the Supreme Court for an order in respect of a person who has ceased to be included in a witness protection program

Chair of the Board of the ACC

441

Witness Protection (Western Australia) Act 1996

paragraph 33 (1) (b)

Power to give a person permission not to disclose former identity

Chair of the Board of the ACC

Part 5 Laws of South Australia

 

Item

Law

Provision

Duty, function or power

Person or body

501

Listening and Surveillance Devices Act 1972

subsection 6 (2)

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

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

502

Listening and Surveillance Devices Act 1972

subsections 6 (3) and (4)

Duty to comply with requirements for making an application

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

503

Listening and Surveillance Devices Act 1972

subsection 6 (7b)

Power to act in accordance with a warrant

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

504

Listening and Surveillance Devices Act 1972

subsection 6 (8)

Duty to cancel a warrant by instrument in writing

Member of the Board

505

Listening and Surveillance Devices Act 1972

paragraph 6 (9) (b)

Power to cancel a warrant by instrument in writing

Member of the Board

506

Listening and Surveillance Devices Act 1972

subsection 6A (1)

Power to make a remote application for a warrant

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

507

Listening and Surveillance Devices Act 1972

subsection 6A (2)

Duty to comply with requirements for making a remote application

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

508

Listening and Surveillance Devices Act 1972

subsections 7 (1) and (2)

Power to use a listening device in defined circumstances

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

509

Listening and Surveillance Devices Act 1972

subsection 7 (3)

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

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

510

Listening and Surveillance Devices Act 1972

subsection 9 (1)

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

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

511

Listening and Surveillance Devices Act 1972

paragraph 9 (2) (a)

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

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

512

Listening and Surveillance Devices Act 1972

paragraph 9 (2) (b)

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

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

513

Listening and Surveillance Devices Act 1972

paragraph 9 (2) (c)

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

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

514

Listening and Surveillance Devices Act 1972

subsection 9 (3)

Duty to return a device or record that has been seized

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

515

Listening and Surveillance Devices Regulations 2003

subregulation 4 (1)

Duty to ensure that records are stored securely

Chair of the Board

516

Listening and Surveillance Devices Regulations 2003

subregulation 4 (2)

Power to authorise the removal of a record from storage

Chair of the Board

517

Listening and Surveillance Devices Regulations 2003

regulation 5

Duty to ensure that a records book is maintained

Chair of the Board

518

Listening and Surveillance Devices Regulations 2003

regulation 6

Power to authorise access to a record

Chair of the Board

519

Listening and Surveillance Devices Regulations 2003

regulation 7

Power to authorise the making of a copy of a record

Chair of the Board

520

Listening and Surveillance Devices Regulations 2003

regulation 8

Power to authorise the destruction of a record

Chair of the Board

521

Witness Protection Act 1996

subsection 6 (1)

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

CEO

522

Witness Protection Act 1996

subsection 18 (1)

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

CEO

523

Witness Protection Act 1996

paragraph 21 (3) (a)

Power to authorise a disclosure of information

CEO

Part 6 Laws of Tasmania

 

Item

Law

Provision

Duty, function or power

Person or body

601

Witness Protection Act 2000

subsection 7 (1) and paragraph 11 (a)

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

Member of the staff of the ACC

602

Witness Protection Act 2000

subsection 9 (2)

Power to apply for court order in relation to making an entry in the register of births or register of marriages

CEO

603

Witness Protection Act 2000

subsection 9 (3)

Duty to provide evidence to the court

CEO

604

Witness Protection Act 2000

paragraph 12 (2) (b)

Power to apply for court order for cancellation of an entry in the register of births or register of marriages

CEO

605

Witness Protection Act 2000

subsection 13 (2)

Power to disclose the former identity of a witness or a member of the family of a witness

CEO, or a member of the staff of the ACC

606

Witness Protection Act 2000

paragraph 13 (4) (a)

Power to authorise a disclosure or communication of information

CEO

607

Witness Protection Act 2000

section 18

Power to accept evidence and to give a certificate to the Registrar

CEO

608

Witness Protection Act 2000

subsection 24 (1)

Power to make arrangements with the Commissioner of Police

CEO

Part 7 Laws of the Australian Capital Territory

 

Item

Law

Provision

Duty, function or power

Person or body

701

Spent Convictions Act 2000

subsection 17 (3)

Power to make information about a spent conviction available to another law enforcement agency or to a court

CEO, or member of the staff of the ACC

702

Witness Protection Act 1996

section 23

Duty and power in relation to disclosure of information

CEO, or member of the staff of the ACC

703

Witness Protection Act 1996

section 25

Power to make arrangements with the Chief Police Officer

CEO

Part 8 Laws of the Northern Territory

 

Item

Law

Provision

Duty, function or power

Person or body

801

Surveillance Devices Act

subparagraph 6 (b) (iii)

Power to attach, install, use, maintain or retrieve a listening device or an optical surveillance device in a public place

Member of the staff of the ACC

802

Surveillance Devices Act

subparagraph 6 (c) (ii)

Power to attach, install, use, maintain or retrieve a tracking device in, on, to or from a vehicle or object that is situated in a public place

Member of the staff of the ACC

803

Surveillance Devices Act

subparagraph 6 (c) (iii)

Power to use a tracking device that was attached or installed in, on or to a vehicle or object when the vehicle or object was situated in a public place

Member of the staff of the ACC

804

Surveillance Devices Act

subsection 8 (1)

Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a data surveillance device

Member of the staff of the ACC

805

Surveillance Devices Act

subsection 8 (2)

Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a listening device

Member of the staff of the ACC

806

Surveillance Devices Act

subsection 8 (3)

Duty to apply for and be issued a warrant or an urgent authorisation to install, use, maintain or retrieve an optical surveillance device

Member of the staff of the ACC

807

Surveillance Devices Act

subsection 8 (4)

Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a tracking device

Member of the staff of the ACC

808

Surveillance Devices Act

subsection 9 (1)

Power to apply for a warrant

Member of the staff of the ACC

809

Surveillance Devices Act

subsection 9 (2)

Power to apply for a warrant in person or by any means of communication

Member of the staff of the ACC

810

Surveillance Devices Act

paragraph 9 (3) (a)

Duty to make an application for a warrant for a tracking device to a magistrate or a Judge

Member of the staff of the ACC

811

Surveillance Devices Act

paragraph 9 (3) (b)

Duty to make an application for a warrant for a surveillance device (other than a tracking device) to a Judge

Member of the staff of the ACC

812

Surveillance Devices Act

subsection 9 (4)

Power to apply to a Judge for a warrant that authorises the use of more than one kind of surveillance device

Member of the staff of the ACC

813

Surveillance Devices Act

paragraph 9 (5) (a)

Power to make an application for a warrant for or on behalf of another law enforcement officer

Member of the staff of the ACC

814

Surveillance Devices Act

paragraphs 9 (5) (b), (c) and (d)

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

Member of the staff of the ACC

815

Surveillance Devices Act

paragraph 9 (5) (e)

Power to make an application to attach, install, use maintain or retrieve a surveillance device in relation to a specified person, premises vehicle or object or a person whose identity is not known

Member of the staff of the ACC

816

Surveillance Devices Act

subsection 10 (1)

Duty to comply with requirements in section 10 for making an application for a warrant by telephone, radio, facsimile transmission or another means of communication

Member of the staff of the ACC

817

Surveillance Devices Act

subsection 10 (2)

Duty to prepare an affidavit

Member of the staff of the ACC

818

Surveillance Devices Act

subsection 10 (3)

Power to make an application for a warrant before the affidavit is sworn

Member of the staff of the ACC

819

Surveillance Devices Act

paragraph 16 (2) (a)

Duty to complete, in duplicate, a form of warrant

Member of the staff of the ACC

820

Surveillance Devices Act

paragraph 16 (2) (b)

Duty to write certain information on the form of warrant

Member of the staff of the ACC

821

Surveillance Devices Act

subsection 18 (1)

Duty to send prepared affidavit and completed form of warrant to Judge or magistrate

Member of the staff of the ACC

822

Surveillance Devices Act

subsection 19 (1)

Power to apply to a Judge or magistrate to amend the terms of a warrant

Member of the staff of the ACC

823

Surveillance Devices Act

subsection 19 (2)

Power to make an application under subsection 19 (1) in accordance with subsection 9 (2)

Member of the staff of the ACC

824

Surveillance Devices Act

subsection 19 (2)

Duty to make an application under subsection 19 (1) to a Judge or magistrate in accordance with subsection 9 (3)

Member of the staff of the ACC

825

Surveillance Devices Act

subsection 19 (2)

Power to make an application under subsection 19 (2) in accordance with subsection 9 (4)

Member of the staff of the ACC

826

Surveillance Devices Act

subsection 19 (2)

Power to make an application under subsection 19 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a)

Member of the staff of the ACC

827

Surveillance Devices Act

subsection 19 (2)

Duty to comply with requirements in paragraphs 9 (5) (b), (c)
and (d) for making an application under subsection 19 (1)

Member of the staff of the ACC

828

Surveillance Devices Act

subsection 19 (2)

Duty to comply with requirements in section 10 for making an application under subsection 19 (1) by telephone, radio, facsimile transmission or another means of communication

Member of the staff of the ACC

829

Surveillance Devices Act

subsection 19 (2)

Duty to prepare an affidavit under subsection 10 (2)

Member of the staff of the ACC

830

Surveillance Devices Act

subsection 19 (2)

Power, under subsection 10 (3), to make an application before the affidavit is sworn

Member of the staff of the ACC

831

Surveillance Devices Act

subsections 20 (1) and (2)

Power to apply to a Judge or magistrate for an extension of the period for which a warrant is in force

Member of the staff of the ACC

832

Surveillance Devices Act

subsection 20 (3)

Power to make an application under subsection 20 (1) in accordance with subsection 9 (2)

Member of the staff of the ACC

833

Surveillance Devices Act

subsection 20 (3)

Duty to make an application under subsection 20 (1) to a Judge or magistrate in accordance with subsection 9 (3)

Member of the staff of the ACC

834

Surveillance Devices Act

subsection 20 (3)

Power to make an application under subsection 20 (1) in accordance with subsection 9 (4)

Member of the staff of the ACC

835

Surveillance Devices Act

subsection 20 (3)

Power to make an application under subsection 20 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a)

Member of the staff of the ACC

836

Surveillance Devices Act

subsection 20 (3)

Duty to comply with requirements in paragraphs 9 (5) (b), (c) and (d) for making an application under subsection 20 (1)

Member of the staff of the ACC

837

Surveillance Devices Act

subsection 20 (3)

Duty to comply with requirements in section 10 for making an application under subsection 20 (1) by telephone, radio, facsimile transmission or another means of communication

Member of the staff of the ACC

838

Surveillance Devices Act

subsection 20 (3)

Duty to prepare an affidavit under subsection 10 (2)

Member of the staff of the ACC

839

Surveillance Devices Act

subsection 20 (3)

Power, under subsection 10 (3), to make an application before the affidavit is sworn

Member of the staff of the ACC

840

Surveillance Devices Act

section 22

Power to apply to an authorised person for an urgent authorisation to attach, install, use, maintain or retrieve a surveillance device

Member of the staff of the ACC

841

Surveillance Devices Act

subsection 23 (1)

Power to apply for an urgent authorisation orally (in person or by any means of communication) or in writing

Member of the staff of the ACC

842

Surveillance Devices Act

paragraph 23 (3) (a)

Power to make an application for an urgent authorisation for or on behalf of another law enforcement officer

Member of the staff of the ACC

843

Surveillance Devices Act

paragraphs 23 (3) (b) and (c)

Duty to comply with requirements for making an application for an urgent authorisation

Member of the staff of the ACC

844

Surveillance Devices Act

paragraph 23 (3) (d)

Power to make an application for an urgent authorisation in relation to a specified person, premises, vehicle or object or a person whose identity is not known

Member of the staff of the ACC

845

Surveillance Devices Act

subsection 23 (4)

Power to require further information in relation to an application for an urgent authorisation

CEO

846

Surveillance Devices Act

section 24

Duty to have regard to certain matters in considering an application for an urgent authorisation

CEO

847

Surveillance Devices Act

subsections 25 (1) and (2)

Power to issue an urgent authorisation if satisfied of certain matters

CEO

848

Surveillance Devices Act

subsection 25 (3)

Power to issue one urgent authorisation in relation to more than one surveillance device or a surveillance device that has more than one kind of function

CEO

849

Surveillance Devices Act

subsection 26 (1)

Power to issue an urgent authorisation subject to conditions and restrictions

CEO

850

Surveillance Devices Act

section 27

Duty to keep a written record of certain matters in relation to the issue of an urgent authorisation

CEO

851

Surveillance Devices Act

section 28

Duty to specify certain information in an urgent authorisation

CEO

852

Surveillance Devices Act

subsection 29 (1)

Duty to apply for a warrant if issued an urgent authorisation

Member of the staff of the ACC

853

Surveillance Devices Act

subsection 29 (2)

Power to make an application under subsection 29 (1) in accordance with subsection 9 (2)

Member of the staff of the ACC

854

Surveillance Devices Act

subsection 29 (2)

Duty to make an application under subsection 29 (1) to a Judge or magistrate in accordance with subsection 9 (3)

Member of the staff of the ACC

855

Surveillance Devices Act

subsection 29 (2)

Power to make an application under subsection 29 (1) in accordance with subsection 9 (4)

Member of the staff of the ACC

856

Surveillance Devices Act

subsection 29 (2)

Power to make an application under subsection 29 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a)

Member of the staff of the ACC

857

Surveillance Devices Act

subsection 29 (2)

Duty to comply with requirements in paragraphs 9 (5) (b), (c) and (d) for making an application under subsection 29 (1)

Member of the staff of the ACC

858

Surveillance Devices Act

subsection 29 (2)

Duty to comply with requirements in section 10 for making an application under subsection 29 (1) by telephone, radio, facsimile transmission or another means of communication

Member of the staff of the ACC

859

Surveillance Devices Act

subsection 29 (2)

Duty to prepare an affidavit under subsection 10 (2)

Member of the staff of the ACC

860

Surveillance Devices Act

subsection 29 (2)

Power, under subsection 10 (3), to make an application before the affidavit is sworn

Member of the staff of the ACC

861

Surveillance Devices Act

subsection 29 (4)

Duty to provide Judge or magistrate with a written report in respect of an urgent authorisation

Member of the staff of the ACC

862

Surveillance Devices Act

paragraph 31 (a)

Duty to comply with an order

Member of the staff of the ACC

863

Surveillance Devices Act

paragraph 33 (1) (b)

Power to act in accordance with a warrant or urgent authorisation

Member of the staff of the ACC

864

Surveillance Devices Act

subsection 33 (2)

Power to use a connection device for the purpose of attaching, installing, using, maintaining or retrieving a surveillance device

Member of the staff of the ACC

865

Surveillance Devices Act

subsection 34 (1)

Power to apply to withdraw a warrant or urgent authorisation

Member of the staff of the ACC

866

Surveillance Devices Act

subsection 34 (2)

Duty to withdraw a warrant or urgent authorisation

CEO

867

Surveillance Devices Act

paragraph 36 (a)

Duty to keep records and reports in a secure place

CEO

868

Surveillance Devices Act

paragraph 36 (b)

Power to destroy a record or report if satisfied of certain matters

CEO

869

Surveillance Devices Act

subsection 48 (4)

Power to seize a forfeited surveillance or connection device and to enter and remain on premises to do so

Member of the staff of the ACC

870

Witness Protection (Northern Territory) Act

subsection 8 (1)

Power to request that a witness or family member be included in the Territory Witness Protection Program

CEO

871

Witness Protection (Northern Territory) Act

subsection 14 (2)

Power to apply to the Supreme Court for an order authorising the Registrar to make a new entry in the Register

CEO

872

Witness Protection (Northern Territory) Act

subsection 14 (3)

Duty to comply with requirements for making an application under subsection 14 (2)

CEO

873

Witness Protection (Northern Territory) Act

section 18

Power to give a certificate to the Registrar

CEO

874

Witness Protection (Northern Territory) Act

subsection 26 (1)

Power to apply to the Supreme Court for an order to restore the former identity of a person

CEO

875

Witness Protection (Northern Territory) Act

subsection 26 (2)

Duty to comply with requirements under subsection 25 (2) for making an application to restore the former identity of a person

CEO

876

Witness Protection (Northern Territory) Act

section 30

Power to make arrangements with the Commissioner of Police

CEO

877

Witness Protection (Northern Territory) Act

subsection 33 (2)

Power to disclose the former identity of a person

CEO, or a member of the staff of the ACC

878

Witness Protection (Northern Territory) Act

paragraph 34 (2) (a)

Power to authorise a disclosure or communication of information

CEO

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

(subregulation 8A (1))

Part 1 Laws of New South Wales

 

Item

Law

Provision

Duty, function or power

101

Law Enforcement and National Security (Assumed Identities) Act 1998

section 12

Duty to include a statement in the annual report

Part 2 Laws of Victoria

 

Item

Law

Provision

Duty, function or power

201

Crimes (Assumed Identities)
Act 2004

subsection 18 (2)

Duty to indemnify an issuing agency, or an officer of an issuing agency, in certain circumstances

202

Crimes (Assumed Identities)
Act 2004

subsection 21 (2)

Duty to indemnify an authorised person in certain circumstances

203

Crimes (Assumed Identities)
Act  2004

subsection 27 (2)

Duty to indemnify an issuing agency of a participating jurisdiction, or an officer of such an issuing agency, in certain circumstances

Part 3 Laws of Queensland

 

Item

Law

Provision

Duty, function or power

301

Police Powers and Responsibilities Act 2000

subsection 684 (3)

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

Part 4 Laws of Western Australia

 

Item

Law

Provision

Duty, function or power

401

First Home Owner Grant Regulations 2000

subregulation 11 (1)

Power to receive confidential information

402

Surveillance Devices Act 1998

paragraph 41 (1) (a)

Duty to keep a record or report obtained by use of a surveillance device under a warrant or an emergency authorisation in a secure place

403

Surveillance Devices Act 1998

paragraph 41 (1) (b)

Duty to destroy a record or report obtained by use of a surveillance device under a warrant or an emergency authorisation

404

Surveillance Devices Act 1998

subsection 41 (2)

Duty to consult before destroying certain records or reports

405

Surveillance Devices Act 1998

subsection 41 (3)

Duty to keep records concerning records and reports obtained by use of a surveillance device under a warrant or an emergency authorisation

406

Surveillance Devices Regulations 1999

paragraph 7 (1) (a)

Duty to keep Part 5 records in a secure place

407

Surveillance Devices Regulations 1999

paragraph 7 (1) (b)

Duty to destroy Part 5 records

408

Surveillance Devices Regulations 1999

subregulation 7 (2)

Duty to keep records concerning Part 5 records

Part 5 Laws of South Australia

 

Item

Law

Provision

Duty, function or power

501

Listening and Surveillance Devices Act 1972

paragraph 6C (a)

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

502

Listening and Surveillance Devices Act 1972

paragraph 6C (b)

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

503

Listening and Surveillance Devices Act 1972

paragraph 6C (c)

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

Part 7 Laws of the Australian Capital Territory

 

Item

Law

Provision

Duty, function or power

701

Gambling and Racing Control Act 1999

paragraph 37 (d)

Power to authorise a person to receive information

702

Spent Convictions Act 2000

subsection 17 (3)

Power to make information about a spent conviction available to another law enforcement agency or to a court

703

Taxation Administration Act 1999

paragraph 97 (d)

Power to authorise a person to receive information

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

(subregulation 8A (3))

Part 2  Laws of Victoria

 

Item

Law

Provision

Duty, function or power

Federal Court Judge or Federal Magistrate

201

Australian Crime Commission (State Provisions) Regulations 2004

regulation 5

Power to give directions in relation to service of summons

Judge of the Federal Court

202

Australian Crime Commission (State Provisions) Regulations 2004

regulation 6

Duty to use prescribed form for warrant for the apprehension of a witness

Judge of the Federal Court

203

Australian Crime Commission (State Provisions) Regulations 2004

regulation 7

Duty to use prescribed form for search warrant

Judge of the Federal Court, or Federal Magistrate

Part 4 Laws of Western Australia

 

Item

Law

Provision

Duty, function or power

Federal Court Judge or Federal Magistrate

401

Australian Crime Commission (Western Australia) Regulations 2005

subregulation 3 (4)

Power to give a direction in relation to service of a summons

Judge of the Federal Court

Schedule 6 Agencies and bodies to which information may be given

(regulation 9)

Part 1 Commonwealth

 

Item

Agency or body

101

Attorney‑General’s Department

101A

Australian Commission for Law Enforcement Integrity

102

Australian Communications and Media Authority

103

Australian Competition and Consumer Commission

104

Australian Customs and Border Protection Service

104A

Australian Defence Force

105

Australian Electoral Commission

106

Australian Fisheries Management Authority

107

Australian Institute of Criminology

108

Australian Postal Corporation

109

Australian Prudential Regulation Authority

110

Australian Quarantine and Inspection Service, Department of Agriculture, Fisheries and Forestry

111

Australian Securities and Investments Commission

112

Australian Sports Anti‑Doping Authority

113

Australian Taxation Office

114

Australian Transaction Reports and Analysis Centre

115

Commonwealth Services Delivery Agency

116

CrimTrac

117

Department of Broadband, Communications and the Digital Economy

118

Department of Defence

119

Department of Education, Employment and Workplace Relations

119A

Department of Families, Housing, Community Services and Indigenous Affairs

119B

Department of Finance and Deregulation

119C

Department of Foreign Affairs and Trade

119D

Department of Health and Ageing

120

Department of Human Services

121

Department of Immigration and Citizenship

122

Department of Infrastructure, Transport, Regional Development and Local Government

123

Department of the Environment, Water, Heritage and the Arts

124

Department of the Prime Minister and Cabinet

125

Foreign Investment Review Board

126

Insolvency and Trustee Service Australia

127

IP Australia

128

Medicare Australia

129

National Measurement Institute, Department of Innovation, Industry, Science and Research

130

Office of National Assessments

131

Office of the Australian Building and Construction Commissioner

131A

Office of the Registrar of Indigenous Corporations

132

Reserve Bank Board

133

Therapeutic Goods Administration, Department of Health and Ageing

134

The Treasury

Part 2 New South Wales

Item

Agency or body

201

Casino, Liquor and Gaming Control Authority

202

City of Sydney Council

203

Commission for Children and Young People

204

Corrective Services NSW

205

Department of Education and Training

206

Department of Environment, Climate Change and Water

207

Fair Trading, Department of Services, Technology and Administration

208

Independent Commission Against Corruption

209

Office of State Revenue

210

Office of the Legal Services Commissioner

211

Police Integrity Commission

212

Primary Industries, Industry & Investment NSW

213

Registry of Births, Deaths and Marriages

214

Roads and Traffic Authority of NSW

215

WorkCover Authority

Part 3 Victoria

Item

Agency or body

301

Consumer Affairs Victoria

302

Department of Education and Early Childhood Development

303

Department of Human Services

304

Department of Justice

305

Department of Planning and Community Development

306

Department of Primary Industries

307

Legal Services Board

308

Legal Services Commissioner

309

Office of Police Integrity

310

Registry of Births, Deaths and Marriages

311

Roads Corporation

312

State Revenue Office

Part 4 Queensland

Item

Agency or body

401

Commission for Children and Young People and Child Guardian

402

Crime and Misconduct Commission

403

Department of Communities

404

Department of Education and Training

405

Department of the Premier and Cabinet

406

Department of Transport and Main Roads

407

Fair Trading, Department of Employment, Economic Development and Innovation

408

Legal Services Commission

409

Office of State Revenue

410

Primary Industries and Fisheries, Department of Employment, Economic Development and Innovation

411

Queensland Corrective Services

412

Registry of Births, Deaths and Marriages

Part 5 Western Australia

Item

Agency or body

501

Corruption and Crime Commission

502

Department for Child Protection

503

Department of Commerce

504

Department of Education

505

Department of Fisheries

506

Department of Health

507

Department of Indigenous Affairs

508

Department of Industry and Resources

509

Department of the Attorney General

510

Legal Profession Complaints Committee

511

Office of State Revenue

512

Registry of Births, Deaths and Marriages

Part 6 South Australia

Item

Agency or body

601

Births, Deaths and Marriages Registration Office

602

Department for Correctional Services

603

Department for Families and Communities

604

Department for Transport, Energy and Infrastructure

605

Department of Education and Children’s Services

606

Legal Practitioners Conduct Board

607

Office of Consumer and Business Affairs

608

Primary Industries and Resources SA

609

RevenueSA

Part 7 Tasmania

Item

Agency or body

701

Department of Education

702

Department of Health and Human Services

703

Department of Infrastructure, Energy and Resources

704

Department of Justice

705

Department of Primary Industries and Water

706

Legal Profession Board of Tasmania

707

State Revenue Office, Department of Treasury and Finance

708

Tasmanian Registry of Births, Deaths and Marriages

Part 8 Australian Capital Territory

Item

Agency or body

801

ACT Corrective Services

802

ACT Health

803

ACT Human Rights Commission

804

ACT Revenue Office

805

Department of Disability, Housing and Community Services

806

Department of Education and Training

807

Department of Territory and Municipal Services

808

Office of Regulatory Services

Part 9 Northern Territory

Item

Agency or body

901

Department of Education and Training

902

Department of Justice

903

Northern Territory Treasury

904

Primary Industries, Department of Resources

905

Registry of Births, Deaths and Marriages

 

Notes to the Australian Crime Commission Regulations 2002

Note 1

The Australian Crime Commission Regulations 2002 (in force under the Australian Crime Commission Act 2002) as shown in this compilation comprise Statutory Rules 1984 No. 132 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1984 No. 132

4 July 1984

1 July 1984 (see Gazette 1984, No. S245)

 

1985 No. 3

1 Feb 1985

1 Feb 1985

—

1986 No. 29

7 Mar 1986

7 Mar 1986

—

1989 No. 138

30 June 1989

1 July 1989

—

1990 No. 38

27 Feb 1990

27 Feb 1990

—

1990 No. 270

21 Aug 1990

14 Aug 1990

—

1992 No. 9

31 Jan 1992

1 Feb 1992

—

1992 No. 280

8 Sept 1992

8 Sept 1992

—

1996 No. 286

18 Dec 1996

18 Dec 1996

—

2001 No. 294

9 Oct 2001

12 Oct 2001(see Gazette 2001, No. S428 and r. 2)

—

2002 No. 325

20 Dec 2002

1 Jan 2003 (see r. 2)

—

2003 No. 164

2 July 2003

2 July 2003

—

2003 No. 236

18 Sept 2003

18 Sept 2003

—

2003 No. 252

10 Oct 2003

10 Oct 2003

—

2004 No. 31

11 Mar 2004

Rr. 1–3 and Schedule 1: 11 Mar 2004
Remainder: 12 Mar 2004

—

2005 No. 296

15 Dec 2005 (see F2005L04034)

16 Dec 2005

—

2006 No. 43

6 Mar 2006 (see F2006L00592)

Rr. 1–3 and Schedule 1:
7 Mar 2006
Schedules 2, 4 and 5: 1 July 2006 (see r. 2 and F2006L01970)
Schedule 3: (see r. 2 and Note 2)

—

2006 No. 114

2 June 2006 (see F2006L01692)

3 June 2006

—

2006 No. 219

25 Aug 2006 (see F2006L02563)

26 Aug 2006

—

2006 No. 307

1 Dec 2006 (see F2006L03859)

2 Dec 2006

—

2007 No. 289

28 Sept 2007 (see F2007L03788)

29 Sept 2007

—

2010 No. 194

12 July 2010 (see F2010L01916)

13 July 2010

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2001 No. 294; 2002 No. 325

R. 2.................

rs. 1985 No. 3; 2002 No. 325

R. 3.................

ad. 2006 No. 307

 

rs. 2010 No. 194

R. 3.................

rs. 1985 No. 3

 

am. 2001 No. 294

Renumbered r. 4.......

2006 No. 307

R. 4.................

ad. 1985 No. 3

 

rep. 1986 No. 29

R. 5.................

ad. 1985 No. 3

R. 6.................

ad. 1985 No. 3

 

rep. 1992 No. 280

Heading to r. 7..........

rs. 2002 No. 325

R. 7.................

ad. 1985 No. 3

 

am. 1986 No. 29; 2002 No. 325

R. 8.................

ad. 1985 No. 3

 

am. 2002 No. 325

R. 8A................

ad. 2003 No. 236

 

am. 2003 No. 252; 2004 No. 31

Heading to r. 9..........

rs. 2001 No. 294

R. 9.................

ad. 1985 No. 3

 

rs. 1989 No. 138

 

am. 1990 No. 270; 2001 No. 294

 

rep. 2002 No. 325

 

ad. 2003 No. 164

 

rs. 2005 No. 296

Heading to r. 10.........

rs. 2001 No. 294

 

rep. 2002 No. 325

R. 10................

ad. 1989 No. 138

 

rs. 1990 No. 270

 

am. 1992 No. 9; 2001 No. 294

 

rep. 2002 No. 325

Heading to r. 11.........

rs. 2001 No. 294

 

rs. 2002 No. 325

R. 11................

ad. 1989 No. 138

 

am. 1990 No. 38

 

rs. 1990 No. 270; 1992 No. 9

 

am. 2001 No. 294

 

rs. 2002 No. 325

 

rep. 2003 No. 164

Schedule 1

 

Schedule 1............

ad. 1985 No. 3

Form 1..............

ad. 1985 No. 3

 

rs. 1996 No. 286

 

am. 2001 No. 294

 

rs. 2002 No. 325

 

am. 2007 No. 289

Form 2..............

ad. 1985 No. 3

 

rep. 1986 No. 29

Form 3..............

ad. 1985 No. 3

 

am. 1989 No. 138

 

rep. 1992 No. 280

Form 4..............

ad. 1985 No. 3

 

rs. 1996 No. 286

 

am. 2001 No. 294

 

rs. 2002 No. 325

Schedule 2

 

Schedule 2............

ad. 1985 No. 3

 

am. 2002 No. 325

Schedule 3

 

Heading to Schedule 3....

rs. 2003 No. 252

Note to heading to
Schedule 3

rep. 2003 No. 252

Schedule 3............

ad. 2003 No. 236

 

am. 2006 No. 43

Part 1

 

Part 1................

ad. 2003 No. 252

 

am. 2007 No. 289

Part 2

 

Part 2................

am. 2004 No. 31; 2006 Nos. 43 and 219

Part 3

 

Part 3................

ad. 2007 No. 289

Part 4

 

Part 4................

ad. 2006 No. 219

Part 5

 

Part 5................

ad. 2007 No. 289

Part 6

 

Part 6................

ad. 2006 No. 114

 

am. 2007 No. 289

Part 7

 

Part 7................

ad. 2006 No. 219

Part 8

 

Part 8................

ad. 2006 No. 219

Schedule 4

 

Heading to Schedule 4....

rs. 2004 No. 31

Schedule 4............

ad. 2003 No. 252

 

am. 2006 No. 43

Part 1

 

Heading to Part 1.......

ad. 2004 No. 31

Part 2

 

Part 2................

ad. 2006 No. 43

 

am. 2006 No. 43

Part 3

 

Part 3................

ad. 2007 No. 289

Part 4

 

Part 4................

ad. 2006 No. 219

Part 5

 

Part 5................

ad. 2007 No.289

Part 7

 

Part 7................

ad. 2006 No. 219

Schedule 5

 

Schedule 5............

ad. 2004 No. 31

Part 2

 

Part 2................

ad. 2004 No. 31

Part 4

 

Part 4................

ad. 2006 No. 219

Schedule 6

 

Schedule 6............

ad. 2005 No. 296

Part 1

 

Part 1................

ad. 2005 No. 296

 

am. 2006 No. 307; 2007 No. 289; 2010 No. 194

Part 2

 

Part 2................

ad. 2005 No. 296

 

am. 2007 No. 289

 

rs. 2010 No. 194

Part 3

 

Part 3................

ad. 2005 No. 296

 

rs. 2010 No. 194

Part 4

 

Part 4................

ad. 2005 No. 296

 

rs. 2010 No. 194

Part 5

 

Part 5................ 

ad. 2005 No. 296

 

rs. 2010 No. 194

Part 6

 

Part 6................

ad. 2005 No. 296

 

rs. 2010 No. 194

Part 7

 

Part 7................

ad. 2005 No. 296

 

rs. 2010 No. 194

Part 8

 

Part 8................

ad. 2005 No. 296

 

rs. 2010 No. 194

Part 9

 

Part 9................

ad. 2005 No. 296

 

rs, 2010 No. 194

Note 2

Australian Crime Commission Amendment Regulations 2006 (No. 1) (2006 No. 43)

The following amendments commence on a day fixed by the legislative instrument made by the Minister:

Schedule 3 Amendments commencing on day fixed by legislative instrument made under paragraph 2 (1) (c)

(regulation 3)

[1] Schedule 3, Part 2

insert in correct numerical position

 

2033

Crimes (Controlled Operations) Act 2004

subsections 12 (1) and (2)

Power to apply, by means of a formal application or an urgent application, for authority to conduct a controlled operation

Member of the staff of the ACC

2034

Crimes (Controlled Operations) Act 2004

subsection 12 (4)

Duty to comply with requirements for making an application for an authority

Member of the staff of the ACC

2035

Crimes (Controlled Operations) Act 2004

subsection 12 (5)

Power to require additional information

CEO

2036

Crimes (Controlled Operations) Act 2004

subsection 12 (6)

Duty to make a written record of an urgent application and give a copy of the record to the chief officer

Member of the staff of the ACC

2037

Crimes (Controlled Operations) Act 2004

section 13

Power to authorise a controlled operation by granting an authority or refuse an application for an authority

CEO

2038

Crimes (Controlled Operations) Act 2004

section 14

Duty not to grant an authority to conduct a controlled operation unless satisfied of certain matters

CEO

2039

Crimes (Controlled Operations) Act 2004

section 15

Duty not to grant an authority to conduct a
cross‑border controlled operation unless satisfied of certain matters

CEO

2040

Crimes (Controlled Operations) Act 2004

section 16

Duty not to grant an authority to conduct a local major controlled operation unless satisfied of certain matters

CEO

2041

Crimes (Controlled Operations) Act 2004

section 17

Duty not to grant an authority to conduct a local minor controlled operation unless satisfied of certain matters

CEO

2042

Crimes (Controlled Operations) Act 2004

subsection 18 (1)

Power to grant an authority by means of a formal authority or an urgent authority

CEO

2043

Crimes (Controlled Operations) Act 2004

subsection 18 (3)

Duty to include certain particulars in an authority

CEO

2044

Crimes (Controlled Operations) Act 2004

subsection 18 (5)

Duty to ensure written notes are kept of particulars for an urgent authority

CEO

2045

Crimes (Controlled Operations) Act 2004

subsection 20 (1)

Power to vary an authority

CEO

2046

Crimes (Controlled Operations) Act 2004

subsections 21 (1) and (3)

Power to apply, by means of a formal variation application or an urgent variation application, for a variation of an authority

Member of the staff of the ACC

2047

Crimes (Controlled Operations) Act 2004

subsection 21 (4)

Power to require additional information

CEO

2048

Crimes (Controlled Operations) Act 2004

subsection 22 (1)

Power to vary an authority or refuse an application for variation

CEO

2049

Crimes (Controlled Operations) Act 2004

subsection 22 (2)

Duty not to vary an authority unless satisfied of the matters in sections 14, 15, 16 and 17 (as applicable)

CEO

2050

Crimes (Controlled Operations) Act 2004

subsection 23 (1)

Power to vary an authority by means of a formal variation of authority or an urgent variation of authority

CEO

2051

Crimes (Controlled Operations) Act 2004

paragraph 23 (2) (a)

Duty to ensure that written notes are kept of certain matters

CEO

2052

Crimes (Controlled Operations) Act 2004

paragraph 23 (2) (b)

Duty to give the applicant a written document

CEO

2053

Crimes (Controlled Operations) Act 2004

section 24

Duty to include certain particulars in a variation of authority

CEO

2054

Crimes (Controlled Operations) Act 2004

subsection 25 (1)

Power to cancel an authority

CEO

2055

Crimes (Controlled Operations) Act 2004

subsection 25 (2)

Power to request cancellation of an authority

Member of the staff of the ACC

2056

Crimes (Controlled Operations) Act 2004

section 26

Power to engage in the controlled conduct specified in an authority

Member of the staff of the ACC

2057

Crimes (Controlled Operations) Act 2004

subsection 34 (1)

Duty to report any loss of or serious damage to property that occurs in the course of or as a direct result of an authorised operation to chief officer

Member of the staff of the ACC

2058

Crimes (Controlled Operations) Act 2004

subsection 34 (2)

Duty to take all reasonable steps to notify the owner of the property of the loss or damage

CEO

2059

Crimes (Controlled Operations) Act 2004

subsection 34 (4)

Duty to report any personal injury that occurs in the course of or as a direct result of an authorised operation to chief officer

Member of the staff of the ACC

2060

Crimes (Controlled Operations) Act 2004

section 37

Duty to make a report, including certain details, to chief officer after completion of an authorised operation

Member of the staff of the ACC

2061

Crimes (Controlled Operations) Act 2004

subsections 38 (1), (2), (3) and (5)

Duty to report to Ombudsman in relation to authorised operations

CEO

2062

Crimes (Controlled Operations) Act 2004

subsection 38 (4)

Duty to provide additional information in relation to an authorised operation

CEO

2063

Crimes (Controlled Operations) Act 2004

subsection 39 (3)

Duty to advise the Ombudsman of information that should be excluded from the report before the report is laid before Parliament

CEO

2064

Crimes (Controlled Operations) Act 2004

section 40

Duty to cause certain records connected with authorised operations to be kept

CEO

2065

Crimes (Controlled Operations) Act 2004

subsection 41 (1)

Duty to cause a general register to be kept, specifying certain details

CEO

2066

Crimes (Controlled Operations) Act 2004

subsection 42 (3)

Duty to ensure that members of staff of ACC assist Ombudsman

CEO

2067

Crimes (Controlled Operations) Act 2004

subsection 45 (1)

Power to delegate functions

CEO

[2] Schedule 4, Part 2

insert in correct numerical position

 

204

Crimes (Controlled Operations) Act 2004

subsection 29 (2)

Duty to indemnify a participant in an authorised operation against civil liability incurred by the participant in certain circumstances

As at 13 July 2010 the amendments are not incorporated in this compilation.