Australian Crime Commission Amendment Regulations 2003 (No. 2)1

Statutory Rules 2003 No. 2362

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Crime Commission Act 2002.

Dated 11 September 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

1 Name of Regulations

  These Regulations are the Australian Crime Commission Amendment Regulations 2003 (No. 2).

2 Commencement

  These Regulations commence on gazettal.

3 Amendment of Australian Crime Commission Regulations 2002

  Schedule 1 amends the Australian Crime Commission Regulations 2002.

Schedule 1 Amendments

(regulation 3)

 

[1] After regulation 8

insert

8A Duties, functions and powers conferred by State laws

  For 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 3 may be conferred on the person or body mentioned in the item.

[2] After Schedule 2

insert

Schedule 3 Duties, functions and powers conferred by State laws

(regulation 8A)

Note   Part 1 is reserved for future use.

Part 2 Laws of Victoria

Item

Law

Provision

Duty, function or power

Person or body

201

Casino Control Act 1991

subsection 151 (4)

Power and duty in relation to information divulged

CEO, or member of the staff of the ACC

202

Gaming Machine Control Act 1991

subsection 139 (4)

Power and duty in relation to information divulged

CEO, or member of the staff of the ACC

203

Gaming No. 2 Act 1997

subsection 104 (4)

Power and duty in relation to information divulged

CEO, or member of the staff of the ACC

204

Surveillance Devices Act 1999

subsection 10 (2)

Power to authorise the use of surveillance devices

CEO

205

Surveillance Devices Act 1999

subsection 10 (2)

Power to use a surveillance device

Member of the staff of the ACC

206

Surveillance Devices Act 1999

section 15

Power to apply for a warrant, and duty to provide information

Member of the staff of the ACC

207

Surveillance Devices Act 1999

section 16

Power to apply for a warrant, and duty to provide information

Member of the staff of the ACC

208

Surveillance Devices Act 1999

section 18

Power to act in accordance with a warrant, and duty to act only in the performance of duty as authorised in writing

Member of the staff of the ACC

209

Surveillance Devices Act 1999

section 20

Duty to report to court

Member of the staff of the ACC

210

Surveillance Devices Act 1999

section 21

Power to apply to have a person assist in the execution of a warrant

Member of the staff of the ACC

211

Surveillance Devices Act 1999

subsection 21 (2)

Duty to comply with formal requirements for making an application for an assistance order

Member of the staff of the ACC

212

Surveillance Devices Act 1999

section 25

Power to apply for an emergency authorisation

Member of the staff of the ACC

213

Surveillance Devices Act 1999

section 26

Power to give an emergency authorisation

CEO, or examiner

214

Surveillance Devices Act 1999

section 26

Power to act in accordance with emergency authorisation

Member of the staff of the ACC

215

Surveillance Devices Act 1999

section 27

Duty to comply with formal requirements for giving an emergency authorisation

CEO, or examiner

216

Surveillance Devices Act 1999

section 28

Duty to report to court

Member of the staff of the ACC

217

Surveillance Devices Act 1999

section 29

Duty to provide information to court

Member of the staff of the ACC

218

Surveillance Devices Act 1999

subsection 36 (1)

Duties in relation to keeping and destroying records and reports

CEO

219

Surveillance Devices Act 1999

paragraph 37 (1) (b)

Duty to report to Minister

CEO

220

Witness Protection Act 1991

section 4

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

Member of the staff of the ACC

221

Witness Protection Act 1991

section 6

Power to apply to have persons authorised, and duty to provide evidence

CEO

222

Witness Protection Act 1991

subsection 10 (2)

Power to disclose former identity

CEO, or member of the staff of the ACC

223

Witness Protection Act 1991

section 15

Power to give a certificate

CEO

224

Witness Protection Act 1991

section 21A

Duty to perform functions and exercise powers in accordance with arrangements

CEO, or member of the staff of the ACC

225

Witness Protection Act 1991

subsection 22 (1)

Perform functions and exercise powers conferred on the Chief Commissioner of Police

CEO

226

Witness Protection Act 1991

paragraph 22 (2A) (a)

Perform functions and exercise powers conferred on a member of the police force

Member of the staff of the ACC

Notes

1. These Regulations amend Statutory Rules 1984 No. 132, as amended by 1985 No. 3; 1986 No. 29; 1989 No. 138; 1990 Nos. 38 and 270; 1992 Nos. 9 and 280; 1996 No. 286; 2001 No. 294; 2002 No. 325; 2003 No. 164.

2. Notified in the Commonwealth of Australia Gazette on 18 September 2003.