Australian Crime Commission Amendment Regulations 2003 (No. 3)1
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 9 October 2003
P. M. JEFFERY
Governor-General
By His Excellency’s Command
CHRISTOPHER MARTIN ELLISON
1 Name of Regulations
These Regulations are the Australian Crime Commission Amendment Regulations 2003 (No. 3).
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] Regulation 8A
after the heading, insert
(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] Regulation 8A
omit
For subparagraphs
insert
(2) For subparagraphs
[3] Regulation 8A
after
each
insert
kind of
[4] Schedule 3, heading, including the note
substitute
Schedule 3 Duties, functions and powers conferred on certain persons and bodies by State laws
(subregulation 8A (2))
[5] Schedule 3, before Part 2
insert
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 |
119 | Law Enforcement (Controlled Operations) Act 1997 | subsection 6 (5) | Duty to keep a written record | 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 | Member of the staff of the ACC |
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 |
[6] After Schedule 3
insert
Schedule 4 Duties, functions and powers conferred on the ACC by State laws
(subregulation 8A (1))
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 |
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 Nos. 164 and 236.
2. Notified in the Commonwealth of Australia Gazette on 10 October 2003.