Australian Crime Commission Regulations 2018
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 13 December 2018
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Linda Reynolds
Assistant Minister for Home Affairs
Parliamentary Secretary to the Minister for Home Affairs
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedule 10
5 Definitions
Part 2—Matters prescribed for purposes of Act
6 National policing information
7 Serious and organised crime offences
8 Name or acronym specified for ACC
9 Allowance for travelling and other expenses—complying with a notice under section 21A of the Act
10 Search warrant
11 Scale for payment of expenses of witnesses
12 Service of summons to appear before an examiner
13 Warrant for arrest of witness
14 Duties, functions and powers conferred by State laws
15 Disclosure of ACC information to certain international bodies
16 Disclosure of national policing information to certain bodies
17 Disclosure of ACC information to certain bodies corporate and classes of bodies corporate
Schedule 1—Bodies that collect national policing information
1 Bodies that collect national policing information
Schedule 2—Systems that hold national policing information
1 Systems that hold national policing information
Schedule 3—Forms of warrants
Form 1—Search warrant under section 22 of the Act
Form 2—Warrant under section 31 of the Act
Schedule 4—Duties, functions and powers conferred on the ACC by State laws
Part 1—Laws of New South Wales
1 Duties, functions and powers conferred on the ACC by laws of New South Wales
Part 2—Laws of Victoria
2 Duties, functions and powers conferred on the ACC by laws of Victoria
Part 3—Laws of Queensland
3 Duties, functions and powers conferred on the ACC by laws of Queensland
Part 4—Laws of Western Australia
4 Duties, functions and powers conferred on the ACC by laws of Western Australia
Part 5—Laws of South Australia
5 Duties, functions and powers conferred on the ACC by laws of South Australia
Part 6—Laws of Tasmania
6 Duties, functions and powers conferred on the ACC by laws of Tasmania
Part 7—Laws of the Australian Capital Territory
7 Duties, functions and powers conferred on the ACC by laws of the Australian Capital Territory
Part 8—Laws of the Northern Territory
8 Duties, functions and powers conferred on the ACC by laws of the Northern Territory
Schedule 5—Duties, functions and powers conferred on certain persons and bodies by State laws
Part 1—Laws of New South Wales
1 Duties, functions and powers conferred on certain persons and bodies by laws of New South Wales
Part 2—Laws of Victoria
2 Duties, functions and powers conferred on certain persons and bodies by laws of Victoria
Part 3—Laws of Queensland
3 Duties, functions and powers conferred on certain persons and bodies by laws of Queensland
Part 4—Laws of Western Australia
4 Duties, functions and powers conferred on certain persons and bodies by laws of Western Australia
Part 5—Laws of South Australia
5 Duties, functions and powers conferred on certain persons and bodies by laws of South Australia
Part 6—Laws of Tasmania
6 Duties, functions and powers conferred on certain persons and bodies by laws of Tasmania
Part 7—Laws of the Australian Capital Territory
7 Duties, functions and powers conferred on certain persons and bodies by laws of the Australian Capital Territory
Part 8—Laws of the Northern Territory
8 Duties, functions and powers conferred on certain persons and bodies by laws of the Northern Territory
Schedule 6—Duties, functions and powers conferred on Federal Court Judges or Federal Circuit Court Judges by State laws
Part 1—Laws of Victoria
1 Duties, functions and powers conferred on certain Judges by laws of Victoria
Part 2—Laws of Western Australia
2 Duties, functions and powers conferred on certain Judges by laws of Western Australia
Schedule 7—Disclosure of ACC information to certain international bodies
1 International bodies to which ACC information may be disclosed
Schedule 8—Disclosure of national policing information to certain bodies
1 Bodies to which national policing information may be disclosed
Schedule 9—Disclosure of ACC information to certain bodies corporate and classes of bodies corporate
Part 1—Bodies corporate to which ACC information may be disclosed
1 Bodies corporate to which ACC information may be disclosed
Part 2—Classes of bodies corporate to which ACC information may be disclosed
2 Classes of bodies corporate to which ACC information may be disclosed
Schedule 10—Repeals
Australian Crime Commission Regulations 2002
This instrument is the Australian Crime Commission Regulations 2018.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | 18 December 2018 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the Australian Crime Commission Act 2002.
Each instrument that is specified in Schedule 10 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) ACC;
(b) Board;
(c) CEO;
(d) examiner;
(e) member of the staff of the ACC.
In this instrument:
Act means the Australian Crime Commission Act 2002.
Part 2—Matters prescribed for purposes of Act
6 National policing information
Bodies that collect national policing information
(1) For the purposes of subparagraph (a)(iii) of the definition of national policing information in subsection 4(1) of the Act, the following bodies are prescribed:
(a) a body or organisation that is approved by the CEO as an accredited body under subsection 46A(5) of the Act;
(b) a body mentioned in Schedule 1.
Kinds of national policing information
(2) For the purposes of paragraph (b) of the definition of national policing information in subsection 4(1) of the Act, information that is held under, or that relates to the administration of, a system mentioned in Schedule 2 is prescribed.
7 Serious and organised crime offences
For the purposes of paragraph (d) of the definition of serious and organised crime in subsection 4(1) of the Act, each offence mentioned in Division 272 or 273 of the Criminal Code is prescribed.
8 Name or acronym specified for ACC
For the purposes of subsection 7(1A) of the Act, each of the following names and acronyms is specified:
(a) the Australian Criminal Intelligence Commission;
(b) the ACIC;
(c) the ACC.
9 Allowance for travelling and other expenses—complying with a notice under section 21A of the Act
For the purposes of section 21F of the Act, the following allowances are prescribed:
(a) for a person’s travel to appear before an examiner or member of the staff of the ACC—such amount as is reasonable:
(i) for the person’s travel to and from the place at which the person is required to attend; and
(ii) if the person is required to be absent overnight from the person’s usual place of residence—for meals and accommodation;
(b) for other expenses incurred by a person’s appearance before an examiner or member of the staff of the ACC:
(i) in the case of a person remunerated by wages, salary or fee—such amount as is lost by the person’s appearance before the examiner or staff member; and
(ii) in any other case—$25.00 per hour of the person’s appearance before the examiner or staff member.
A warrant issued by an issuing officer under section 22 of the Act may be in accordance with Form 1 in Schedule 3.
11 Scale for payment of expenses of witnesses
For the purposes of section 26 of the Act, the prescribed scale is the scale set out in the following table.
Scale for payment of expenses of witness | ||
Item | Witness | Expenses |
1 | Witness appearing because of the witness’ professional, scientific or other special skill or knowledge | The amount provided for in the Royal Commissions Regulations 2001 in relation to expenses of witnesses possessing such skill or knowledge |
2 | Witness appearing for any other reason | In the case of a witness remunerated by wages, salary or fee—such amount as is lost by the witness’ attendance In any other case—such amount as is provided for in the Royal Commissions Regulations 2001 in relation to expenses of witnesses generally |
3 | In addition to items 1 and 2—witness appearing to give expert evidence | A reasonable amount for qualifying to give that evidence |
4 | In addition to items 1 and 2—any witness | Such amount as is reasonable: (a) for the witness’ travel to and from the place at which the witness attends; and (b) if the witness is required to be absent overnight from the witness’ usual place of residence—for meals and accommodation |
12 Service of summons to appear before an examiner
(1) For the purposes of subsection 30(1) and paragraph 30(2)(c) of the Act, this section prescribes the manner of serving a summons.
Service on a natural person
(2) Subject to subsection (4), if the person named in the summons is a natural person, the summons is to be served by:
(a) delivering a copy of the summons to the person personally; or
(b) if on delivery of the copy the person refuses to accept it—putting it down in the presence of the person or leaving it at or upon the place or premises where the person is; or
(c) if service in the manner specified in paragraph (a) or (b) is not practicable:
(i) leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and who is, or is reasonably believed to be, residing, or employed, at that place; or
(ii) sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or the last known or usual postal address of the person; or
(d) if a Judge has, subject to subsection (5), given a direction for the service of the summons:
(i) leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person; or
(ii) sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by the person.
Service on a body corporate
(3) Subject to subsection (4), if the person named in the summons is a body corporate, the summons is to be served by:
(a) delivering a copy of the summons to a person:
(i) who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate; and
(ii) who is, or is reasonably believed to be, over the age of 16 years;
at the head office, a registered office, a principal office or a principal place of business of the body corporate; or
(b) if on delivery of the copy the person refuses to accept it—leaving it at or upon the premises where the person is; or
(c) sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate.
Service to an electronic address etc.
(4) A summons may be served:
(a) if the person named in the summons has nominated an electronic address for service in a document given to the ACC by the person—by sending it to the nominated electronic address for service; or
(b) in any manner that the summons would be required or permitted to be served on the person named in the summons under rule 10.02, 10.03, 10.04, 10.05, 10.09 or 10.22 of the Federal Court Rules 2011 if:
(i) the summons were a document of a kind to which the rule applied; and
(ii) the person were a person of a kind to which the rule applied.
Directions by a Judge
(5) A Judge must not give a direction mentioned in paragraph (2)(d) in relation to the service of a summons on a person unless the Judge is satisfied upon information given in writing by an examiner that:
(a) service of the summons on the person in a manner specified in paragraph (2)(a), (b) or (c) has not been, or is not likely to be, successful; and
(b) there is a likelihood that service of the summons in a manner specified in paragraph (2)(d) would result in the summons coming to the notice of the person.
(6) In this section, Judge means:
(a) a Judge of the Federal Court; or
(b) a Judge of the Federal Circuit Court; or
(c) a Judge of a court of a State or Territory.
13 Warrant for arrest of witness
A warrant issued under section 31 of the Act for the apprehension of a person may be in accordance with Form 2 in Schedule 3.
14 Duties, functions and powers conferred by State laws
(1) For the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 4 is a kind of duty, function or power that a law of a State may confer on the ACC.
(2) For the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 5 is a kind of duty, function or power that a law of a State may confer on the person or body mentioned in the item.
(3) For the purposes of subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 6 is a kind of duty, function or power that a law of a State may confer on a Judge of the Federal Court or a Judge of the Federal Circuit Court, as mentioned in the item.
15 Disclosure of ACC information to certain international bodies
For the purposes of paragraph 59AA(1)(d) of the Act, an international body mentioned in Schedule 7 is prescribed.
16 Disclosure of national policing information to certain bodies
For the purposes of paragraph 59AA(1B)(g) of the Act, a body mentioned in Schedule 8 is prescribed.
17 Disclosure of ACC information to certain bodies corporate and classes of bodies corporate
For the purposes of subsection 59AB(1) of the Act, a body corporate, or a class of bodies corporate, mentioned in Schedule 9 is prescribed.
Schedule 1—Bodies that collect national policing information
Note: See subsection 6(1).
1 Bodies that collect national policing information
The following table sets out bodies that are prescribed for the purposes of subparagraph (a)(iii) of the definition of national policing information in subsection 4(1) of the Act.
Bodies that collect national policing information | |
Item | Body |
1 | Access Canberra |
2 | ACT Corrective Services |
3 | Attorney‑General’s Department of South Australia |
4 | Australian Communications and Media Authority |
5 | Australian Criminal Intelligence Commission |
6 | Australian Electoral Commission |
7 | Australian Government Attorney‑General’s Department |
8 | Australian Government Department of Defence |
9 | Australian Government Department of Foreign Affairs and Trade |
10 | Australian Government Department of Health |
11 | Australian Government Department of Home Affairs |
12 | Australian Government Department of Human Services |
13 | Australian Securities and Investments Commission |
14 | Australian Security Intelligence Organisation |
15 | Australian Taxation Office |
16 | Australian Transaction Reports and Analysis Centre |
17 | Austroads Ltd (ACN 136 812 390) |
18 | Courts Administration Authority of South Australia |
19 | Court Services Victoria |
20 | Department for Correctional Services of South Australia |
21 | Department of Communities of Western Australia |
22 | Department of Human Services of South Australia |
23 | Department of Justice and Attorney‑General of Queensland |
24 | Department of Justice and Regulation of Victoria |
25 | Department of Justice of New South Wales |
26 | Department of Justice of Tasmania |
27 | Department of Justice of Western Australia |
28 | Department of Police, Fire and Emergency Management of Tasmania |
29 | Department of the Attorney‑General and Justice of the Northern Territory |
30 | Federal Bureau of Investigation of the United States of America |
31 | Geoscience Australia |
32 | Justice and Community Safety Directorate of the Australian Capital Territory |
33 | Magistrates Court of Tasmania |
34 | Magistrates’ Court of Victoria |
35 | New Zealand Police |
36 | Northern Territory Police, Fire and Emergency Services |
37 | Office of the Children’s Guardian of New South Wales |
38 | Queensland Corrective Services |
39 | The International Criminal Police Organization—INTERPOL |
40 | Victorian Institute of Forensic Medicine |
Schedule 2—Systems that hold national policing information
Note: See subsection 6(2).
1 Systems that hold national policing information
Information that is held under, or that relates to the administration of, a system mentioned in the following table is prescribed for the purposes of paragraph (b) of the definition of national policing information in subsection 4(1) of the Act.
Systems that hold national policing information | |
Item | System |
1 | Any system that alerts a person conducting a working with children check, or a vulnerable person assessment, on a person (the applicant) to a decision previously made by any Australian jurisdiction in respect of an application by the applicant for such a check or assessment in that jurisdiction |
2 | CrimTrac Audit Log Integration Facility |
3 | The Australian Ballistic Information Network |
4 | The Australian Firearms Information Network |
5 | The Australian National Child Offender Register |
6 | The Biometric Identification Services System |
7 | The Child Exploitation Tracking System |
8 | The End User Declaration Online System |
9 | The External Agency Management System |
10 | The Managed Person System |
11 | The National Automated Fingerprint Identification System |
12 | The National Child Offender System |
13 | The National Criminal Intelligence System (NCIS), including any interim, developmental or pre‑production NCIS systems |
14 | The National Criminal Investigation DNA Database |
15 | The National Firearm Licensing Registration System |
16 | The National Firearms Identification Database |
17 | The National Missing Person and Victim System—DVI (Disaster Victim Identification) |
18 | The National Missing Person and Victim System—MPUB (Missing Person and Unidentified Bodies) |
19 | The National Names Index |
20 | The National Order Reference Solution |
21 | The National Police Checking Service Support System |
22 | The National Police Reference System |
23 | The National Vehicle of Interest System |
Note: See sections 10 and 13.
Form 1—Search warrant under section 22 of the Act
COMMONWEALTH OF AUSTRALIA
Australian Crime Commission Act 2002
SEARCH WARRANT UNDER SECTION 22
TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the police force of (insert name of State, as the case requires)] *[any other person] who is the executing officer for this warrant:
On the basis of:
(a) an application made *[under subsection 22(1)] *[by telephone under subsection 23(1)] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to:
*[land situated at (insert address);]
*[premises situated at (insert address);]
*[the vessel (insert name) owned by (insert name and address of owner);]
*[the aircraft (insert identifying marks) owned by (insert name and address of owner);]
*[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);] and
(b) information given to me *[by affidavit] *[by affidavit and orally] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACIC *[operation] *[investigation] specified in Schedule 2;
I, (insert full name of issuing officer), a Judge of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:
(c) *[at any time of the day or night] *[between the hours of ... and ... ] to enter *[on] *[into] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle]; and
(d) to search the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] for things of a relevant kind specified in Schedule 1 that are connected with the special ACIC *[operation] *[investigation] specified in Schedule 2; and
(e) to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACIC *[operation] *[investigation] specified in Schedule 2 found *[on] *[in] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] and to deliver them to any person participating in the special ACIC *[operation] *[investigation].
THIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).
Issued on (insert date of issue).
.....................................
(Signature and designation of issuing officer)
(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.)
*This warrant is issued for the following reasons:
(insert the reasons)
Schedule 1
(Insert a description of the particular thing or things, connected with the special ACIC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.)
Schedule 2
1. The special ACIC *[operation] *[investigation] is (insert description of the special ACIC operation/investigation).
2. The federally relevant criminal activity that is the subject of the ACIC special *[operation] *[investigation] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates).
3. The ACIC is conducting a special *[operation] *[investigation], in accordance with a determination by the Board of the ACIC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the *[intelligence operation] *[investigation into matters relating to federally relevant criminal activity] is a special *[operation] *[investigation]. The determination of the Board is (insert details of the determination of the Board).
*Omit if inapplicable
Form 2—Warrant under section 31 of the Act
COMMONWEALTH OF AUSTRALIA
Australian Crime Commission Act 2002
WARRANT UNDER SECTION 31
TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the Police Force of the (insert name of State, as case requires)] *[any other person]:
On the basis of:
(a) the application made by *[(insert full name of applicant)], an examiner appointed under subsection 46B(1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and
(b) my satisfaction by evidence on oath or affirmation that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):
*[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver *[his] *[her] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;]
*[in relation to whom a summons has been issued under subsection 28(1) of the Australian Crime Commission Act 2002:
(i) has absconded or is likely to abscond; or
(ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;]
*[has committed an offence under subsection 30(1) of the Australian Crime Commission Act 2002, or is likely to do so;]
I, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant:
(c) if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and
(d) to apprehend (insert full name of person to be apprehended):
to bring *[him] *[her], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law.
Dated (insert date of issue).
...............................
(Signature and designation of Judge)
*Omit if inapplicable
Schedule 4—Duties, functions and powers conferred on the ACC by State laws
Note: See subsection 14(1).
Part 1—Laws of New South Wales
1 Duties, functions and powers conferred on the ACC by laws of New South Wales
A duty, function or power under a provision of a law of New South Wales mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.
Laws of New South Wales | |||
Item | Law | Provision | Duty, function or power |
1 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 20(2) | Duty to indemnify an issuing agency, and an officer of the agency, for any liability properly incurred |
2 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 23(2) | Duty to indemnify an authorised person for any liability properly incurred |
3 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 30(2) | Duty to indemnify an issuing agency, and an officer of the agency, for any liability properly incurred |
2 Duties, functions and powers conferred on the ACC by laws of Victoria
A duty, function or power under a provision of a law of Victoria mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.
Laws of Victoria | |||
Item | Law | Provision | Duty, function or power |
1 | Crimes (Assumed Identities) Act 2004 | subsection 18(2) | Duty to indemnify an issuing agency, or an officer of an issuing agency, in certain circumstances |
2 | Crimes (Assumed Identities) Act 2004 | subsection 21(2) | Duty to indemnify an authorised person in certain circumstances |
3 | Crimes (Assumed Identities) Act 2004 | subsection 27(2) | Duty to indemnify an issuing agency of a participating jurisdiction, or an officer of such an issuing agency, in certain circumstances |
4 | Crimes (Controlled Operations) Act 2004 | subsection 29(2) | Duty to indemnify a participant in an authorised operation against civil liability |
3 Duties, functions and powers conferred on the ACC by laws of Queensland
A duty, function or power under a provision of a law of Queensland mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.
Laws of Queensland | |||
Item | Law | Provision | Duty, function or power |
1 | Police Powers and Responsibilities Act 2000 | subsection 684(3) | Power to require a police officer to record information in another entity’s register |
2 | Witness Protection Act 2000 | subsection 6(1) | Power to apply to include a person in the program |
3 | Witness Protection Act 2000 | subparagraph 43(1)(b)(i) | Power to notify the chairperson that a protected person is under investigation etc. for a serious offence (as defined in subsection 43(3)) |
Part 4—Laws of Western Australia
4 Duties, functions and powers conferred on the ACC by laws of Western Australia
A duty, function or power under a provision of a law of Western Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.
Laws of Western Australia | |||
Item | Law | Provision | Duty, function or power |
1 | First Home Owner Grant Regulations 2000 | subregulation 11(1) | Power to receive confidential information |
2 | Surveillance Devices Act 1998 | paragraph 41(1)(a) | Duty to keep a record or report obtained by use of a surveillance device under a warrant or an emergency authorisation in a secure place |
3 | Surveillance Devices Act 1998 | paragraph 41(1)(b) | Duty to destroy a record or report obtained by use of a surveillance device under a warrant or an emergency authorisation |
4 | Surveillance Devices Act 1998 | subsection 41(2) | Duty to consult before destroying certain records or reports |
5 | Surveillance Devices Act 1998 | subsection 41(3) | Duty to keep records concerning records and reports obtained by use of a surveillance device under a warrant or an emergency authorisation |
6 | Surveillance Devices Regulations 1999 | paragraph 7(1)(a) | Duty to keep Part 5 records in a secure place |
7 | Surveillance Devices Regulations 1999 | paragraph 7(1)(b) | Duty to destroy Part 5 records |
8 | Surveillance Devices Regulations 1999 | subregulation 7(2) | Duty to keep records concerning Part 5 records |
Part 5—Laws of South Australia
5 Duties, functions and powers conferred on the ACC by laws of South Australia
A duty, function or power under a provision of a law of South Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.
Laws of South Australia | |||
Item | Law | Provision | Duty, function or power |
1 | Criminal Investigation (Covert Operations) Act 2009 | section 17 | Duty to indemnify an issuing agency and its officers |
2 | Criminal Investigation (Covert Operations) Act 2009 | section 20 | Duty to indemnify an authorised person |
3 | Criminal Investigation (Covert Operations) Act 2009 | subsection 23(2) | Duty to indemnify an issuing agency and its officers |
4 | Surveillance Devices Act 2016 | paragraph 31(a) | Duty to keep, as records, copies of applications for warrants and copies of warrants |
5 | Surveillance Devices Act 2016 | paragraph 31(b) | Duty to keep information and material derived from the use of a listening or surveillance device |
6 | Surveillance Devices Act 2016 | paragraph 31(c) | Duty to control, manage access to and destroy records, information and material |
6 Duties, functions and powers conferred on the ACC by laws of Tasmania
A duty, function or power under a provision of a law of Tasmania mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.
Laws of Tasmania | |||
Item | Law | Provision | Duty, function or power |
1 | Police Powers (Assumed Identities) Act 2006 | subsection 20(2) | Duty to indemnify an issuing agency and its officers |
2 | Police Powers (Assumed Identities) Act 2006 | subsection 23(2) | Duty to indemnify an authorised person |
3 | Police Powers (Assumed Identities) Act 2006 | subsection 29(2) | Duty to indemnify an issuing agency and its officers |
4 | Police Powers (Controlled Operations) Act 2006 | subsection 19(2) | Duty to indemnify a participant in an authorised operation against civil liability |
Part 7—Laws of the Australian Capital Territory
7 Duties, functions and powers conferred on the ACC by laws of the Australian Capital Territory
A duty, function or power under a provision of a law of the Australian Capital Territory mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.
Laws of the Australian Capital Territory | |||
Item | Law | Provision | Duty, function or power |
1 | Gambling and Racing Control Act 1999 | paragraph 37(d) | Power to authorise a person to receive information |
2 | Taxation Administration Act 1999 | paragraph 97(d) | Power to authorise a person to receive information |
Part 8—Laws of the Northern Territory
8 Duties, functions and powers conferred on the ACC by laws of the Northern Territory
A duty, function or power under a provision of a law of the Northern Territory mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act as a kind of duty, function or power that may be conferred on the ACC.
Laws of the Northern Territory | |||
Item | Law | Provision | Duty, function or power |
1 | Police (Special Investigative and Other Powers) Act | subsection 21(2) | Duty to indemnify a participant on a controlled operation against civil liability |
2 | Police (Special Investigative and Other Powers) Act | subsection 55(2) | Duty to indemnify an issuing agency and its officers |
3 | Police (Special Investigative and Other Powers) Act | subsection 59(2) | Duty to indemnify an authorised person |
4 | Police (Special Investigative and Other Powers) Act | subsection 65(2) | Duty to indemnify an issuing agency and its officers |
Schedule 5—Duties, functions and powers conferred on certain persons and bodies by State laws
Note: See subsection 14(2).
Part 1—Laws of New South Wales
1 Duties, functions and powers conferred on certain persons and bodies by laws of New South Wales
A duty, function or power under a provision of a law of New South Wales mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of New South Wales | ||||
Item | Law | Provision | Duty, function or power | Person or body |
1 | Births, Deaths and Marriages Registration Regulation 2017 | clause 17 | Power to apply for an old birth certificate | Member of the staff of the ACC |
2 | Crime Commission Act 2012 | paragraph 50(1)(c) | Duty to serve on Management Committee | Chair of the Board |
3 | Crime Commission Act 2012 | subsection 51(1) | Functions of the Management Committee | Chair of the Board |
4 | Crime Commission Act 2012 | subsections 51(2) and (3) | Duty to be satisfied of certain matters | Chair of the Board |
5 | Crime Commission Act 2012 | section 52 | Duty to review, and power to renew, reference | Chair of the Board |
6 | Crime Commission Act 2012 | section 53 | Power to impose limitations | Chair of the Board |
7 | Crime Commission Act 2012 | section 55 | Power to obtain independent legal advice | Chair of the Board |
8 | Crime Commission Act 2012 | section 57 | Power to give directions and furnish guidelines and duty to furnish, and consult about, certain guidelines | Chair of the Board |
9 | Crime Commission Act 2012 | subsection 58(1) | Power to make arrangements | Chair of the Board |
10 | Crime Commission Act 2012 | subsection 58(3) | Power to give directions and furnish guidelines | Chair of the Board |
11 | Crime Commission Act 2012 | subclause 7(2) of Schedule 2 | Power to appoint a person to attend a meeting of the Management Committee | Chair of the Board |
12 | Crime Commission Act 2012 | subclause 7(4) of Schedule 2 | Functions of a member of the Management Committee | Chair of the Board |
13 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 6(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
14 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 6(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
15 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 6(3) | Duty to appoint a member of staff of the ACC to supervise the acquisition or use of an assumed identity by an authorised civilian | CEO |
16 | Law Enforcement and National Security (Assumed Identities) Act 2010 | section 9 | Power to vary or cancel an authority to acquire or use an assumed identity | CEO |
17 | Law Enforcement and National Security (Assumed Identities) Act 2010 | section 10 | Duty to review each authority granted | CEO |
18 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 11(2) | Power to apply for an order to make an entry in the Births, Deaths and Marriages Register | CEO |
19 | Law Enforcement and National Security (Assumed Identities) Act 2010 | section 13 | Duty to apply for an order to cancel an entry that has been made in a register of births, deaths and marriages | CEO |
20 | Law Enforcement and National Security (Assumed Identities) Act 2010 | sections 15 and 27 | Power to request the chief officer of an issuing agency to do certain things | CEO |
21 | Law Enforcement and National Security (Assumed Identities) Act 2010 | sections 18 and 29 | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
22 | Law Enforcement and National Security (Assumed Identities) Act 2010 | sections 20 and 30 | Duty to indemnify an issuing agency or an officer of the agency | CEO |
23 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 21(1) and section 31 | Power to acquire or use (or both) an assumed identity | Member of the staff of the ACC |
24 | Law Enforcement and National Security (Assumed Identities) Act 2010 | section 26 | Power to make certain representations about an authorised person | CEO |
25 | Law Enforcement and National Security (Assumed Identities) Act 2010 | section 35 | Duty to report to the Minister on authorities and assumed identities | CEO |
26 | Law Enforcement and National Security (Assumed Identities) Act 2010 | section 36 | Duty to cause appropriate records to be kept | CEO |
27 | Law Enforcement and National Security (Assumed Identities) Act 2010 | section 37 | Duty to arrange for the records to be audited and appoint a person to conduct the audit | CEO |
28 | Law Enforcement and National Security (Assumed Identities) Act 2010 | subsection 39(2) | Power to delegate functions | CEO |
29 | Law Enforcement (Controlled Operations) Act 1997 | subsection 5(1) | Power to apply for authority to conduct a controlled operation | Member of the staff of the ACC |
30 | Law Enforcement (Controlled Operations) Act 1997 | subsection 5(2A) | Duty to provide certain particulars | Member of the staff of the ACC |
31 | Law Enforcement (Controlled Operations) Act 1997 | subsection 5(3) | Power to require additional information | CEO |
32 | Law Enforcement (Controlled Operations) Act 1997 | subsection 6(1) | Power to authorise or refuse to authorise a controlled operation | CEO |
33 | Law Enforcement (Controlled Operations) Act 1997 | subsection 6(2) | Duty not to grant authority unless code of conduct is prescribed by the regulations | CEO |
34 | Law Enforcement (Controlled Operations) Act 1997 | subsection 6(3) | Duty to be satisfied of certain matters | CEO |
35 | Law Enforcement (Controlled Operations) Act 1997 | subsection 6(4) | Duty to have regard to certain matters | CEO |
36 | Law Enforcement (Controlled Operations) Act 1997 | subsection 8(2) | Duty to include certain details in an authority | CEO |
37 | Law Enforcement (Controlled Operations) Act 1997 | subsection 8(5) | Duty to ensure that written notes are kept of certain matters | CEO |
38 | Law Enforcement (Controlled Operations) Act 1997 | subsection 10(1) | Power to apply for a variation of an authority | Member of the staff of the ACC |
39 | Law Enforcement (Controlled Operations) Act 1997 | subsection 10(2) | Power to require additional information | CEO |
40 | Law Enforcement (Controlled Operations) Act 1997 | subsection 10(3) | Power to vary an authority or refuse an application for a variation | CEO |
41 | Law Enforcement (Controlled Operations) Act 1997 | subsection 10(4) | Duty to be satisfied of certain matters | CEO |
42 | Law Enforcement (Controlled Operations) Act 1997 | subsection 10(6) | Duty to use form of authority | CEO |
43 | Law Enforcement (Controlled Operations) Act 1997 | subsection 10(8) | Duty to ensure that written notes are kept of certain matters | CEO |
44 | Law Enforcement (Controlled Operations) Act 1997 | section 12 | Power to cancel an authority | CEO |
45 | Law Enforcement (Controlled Operations) Act 1997 | section 13 | Power to engage in certain controlled activities | Member of the staff of the ACC |
46 | Law Enforcement (Controlled Operations) Act 1997 | section 13B | Function of principal law enforcement officer | Member of the staff of the ACC |
47 | Law Enforcement (Controlled Operations) Act 1997 | subsection 14(1) | Power to apply for retrospective authority | Member of the staff of the ACC |
48 | Law Enforcement (Controlled Operations) Act 1997 | subsection 14(2) | Power to permit the manner of application for retrospective authority | CEO |
49 | Law Enforcement (Controlled Operations) Act 1997 | subsection 14(3) | Power to require information | CEO |
50 | Law Enforcement (Controlled Operations) Act 1997 | subsection 14(4) | Power to grant or refuse application for retrospective authority | CEO |
51 | Law Enforcement (Controlled Operations) Act 1997 | subsection 14(5) | Duty to be satisfied of certain matters | CEO |
52 | Law Enforcement (Controlled Operations) Act 1997 | section 15 | Duty to report | Member of the staff of the ACC |
53 | Law Enforcement (Controlled Operations) Act 1997 | section 17 | Power to issue a certificate certifying certain matters | CEO |
54 | Law Enforcement (Controlled Operations) Act 1997 | section 20C | Additional duties when making an application under section 5 for a cross border controlled operation | Member of the staff of the ACC |
55 | Law Enforcement (Controlled Operations) Act 1997 | section 20D | Duty to be satisfied of additional matters before granting an authority to conduct a cross border controlled operation | CEO |
56 | Law Enforcement (Controlled Operations) Act 1997 | section 20E | Duty to include certain additional details in an authority for a cross border controlled operation | CEO |
57 | Law Enforcement (Controlled Operations) Act 1997 | section 20G | Power to apply for variation of authority for a cross border controlled operation for an additional purpose | Member of the staff of the ACC |
58 | Law Enforcement (Controlled Operations) Act 1997 | section 21 | Duty to give a notice to the Inspector | CEO |
59 | Law Enforcement (Controlled Operations) Act 1997 | section 29 | Power to delegate | CEO |
60 | Law Enforcement (Controlled Operations) Regulation 2017 | clause 5 | Power to make an urgent application, and duty to ensure that written notes are kept of certain information | Member of the staff of the ACC |
61 | Law Enforcement (Controlled Operations) Regulation 2017 | clause 6 | Duty to use form for grant of authority | CEO |
62 | Law Enforcement (Controlled Operations) Regulation 2017 | clause 7 | Power to make an urgent variation application, and duty to ensure that written notes are kept of certain information | Member of the staff of the ACC |
63 | Law Enforcement (Controlled Operations) Regulation 2017 | clause 8 | Duty to use form for grant of variation of authority | CEO |
64 | Law Enforcement (Controlled Operations) Regulation 2017 | clause 9 | Duty to include certain matters in report | Member of the staff of the ACC |
65 | Law Enforcement (Controlled Operations) Regulation 2017 | clause 11 | Duty to include certain details in a notice given to the Inspector with respect to the granting of an authority | CEO |
66 | Law Enforcement (Controlled Operations) Regulation 2017 | clause 12 | Duty to include certain details in a notice given to the Inspector with respect to the variation of an authority | CEO |
67 | Law Enforcement (Controlled Operations) Regulation 2017 | clause 13 | Duty to include certain details in a notice given to the Inspector with respect to the receipt of a report | CEO |
68 | Law Enforcement (Controlled Operations) Regulation 2017 | Schedule 2, as applied by clause 10 | Duty to act in good faith, disclose certain matters, refrain from certain conduct, brief participants, comply with lawful directions and report breaches of code | Member of the staff of the ACC |
69 | Law Enforcement (Powers and Responsibilities) Regulation 2016 | clause 19 | Power to act as custody manager | Member of the staff of the ACC |
70 | Witness Protection Act 1995 | section 15 | Power to apply to have a new entry made in a register and a document issued, and duty to provide evidence | CEO |
2 Duties, functions and powers conferred on certain persons and bodies by laws of Victoria
A duty, function or power under a provision of a law of Victoria mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of Victoria | ||||
Item | Law | Provision | Duty, function or power | Person or body |
1 | Crimes (Assumed Identities) Act 2004 | subsection 4(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
2 | Crimes (Assumed Identities) Act 2004 | paragraph 4(3)(a) | Power to approve form of application for authority | CEO |
3 | Crimes (Assumed Identities) Act 2004 | subsection 4(3) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
4 | Crimes (Assumed Identities) Act 2004 | subsection 4(4) | Power to require additional information | CEO |
5 | Crimes (Assumed Identities) Act 2004 | subsection 5(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
6 | Crimes (Assumed Identities) Act 2004 | subsection 5(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
7 | Crimes (Assumed Identities) Act 2004 | subsection 5(3) | Duty to appoint a member of the staff of the ACC to supervise the acquisition or use of an assumed identity by an authorised civilian | CEO |
8 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(a) | Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages | CEO |
9 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
10 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
11 | Crimes (Assumed Identities) Act 2004 | paragraph 6(1)(a) | Power to approve the form of an authority | CEO |
12 | Crimes (Assumed Identities) Act 2004 | subsections 6(2) and (3) | Duty to include certain particulars in an authority | CEO |
13 | Crimes (Assumed Identities) Act 2004 | paragraph 8(1)(a) | Power to vary or cancel an authority | CEO |
14 | Crimes (Assumed Identities) Act 2004 | paragraph 8(1)(b) | Duty to cancel an authority | CEO |
15 | Crimes (Assumed Identities) Act 2004 | subsection 8(2) | Duty to give written notice of the variation or cancellation of an authority | CEO |
16 | Crimes (Assumed Identities) Act 2004 | subsection 8(3) | Duty to give reasons for the variation or cancellation of an authority | CEO |
17 | Crimes (Assumed Identities) Act 2004 | subsections 9(1), (2) and (3) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
18 | Crimes (Assumed Identities) Act 2004 | subsection 9(4) | Duty to cancel an authority | CEO |
19 | Crimes (Assumed Identities) Act 2004 | subsection 9(5) | Duty to record an opinion and reasons for it, in writing | CEO |
20 | Crimes (Assumed Identities) Act 2004 | paragraph 10(2)(a) | Power to apply for an order to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic.) | CEO |
21 | Crimes (Assumed Identities) Act 2004 | subsection 11(2) | Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic.) | CEO |
22 | Crimes (Assumed Identities) Act 2004 | subsection 11(3) | Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction | CEO |
23 | Crimes (Assumed Identities) Act 2004 | subsection 13(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
24 | Crimes (Assumed Identities) Act 2004 | subsection 16(1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
25 | Crimes (Assumed Identities) Act 2004 | subsection 19(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
26 | Crimes (Assumed Identities) Act 2004 | subsection 24(2) | Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity | CEO |
27 | Crimes (Assumed Identities) Act 2004 | subsection 31(1) | Duty to submit a report to the Minister | CEO |
28 | Crimes (Assumed Identities) Act 2004 | subsection 31(2) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament | CEO |
29 | Crimes (Assumed Identities) Act 2004 | subsection 32(1) | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
30 | Crimes (Assumed Identities) Act 2004 | subsection 33(1) | Duty to arrange for records to be audited | CEO |
31 | Crimes (Assumed Identities) Act 2004 | subsection 33(2) | Power to appoint auditor | CEO |
32 | Crimes (Assumed Identities) Act 2004 | section 34 | Power to delegate functions to senior officers | CEO |
33 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BB(1) | Power to give a witness identity protection certificate | CEO |
34 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BB(2) | Duty to make all reasonable enquiries | CEO |
35 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BB(3) | Duty not to give a witness identity protection certificate until a statutory declaration is obtained | CEO |
36 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BC(1) | Duty to make a statutory declaration | Member of the staff of the ACC |
37 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BD(1) | Duty to state certain information in a witness identity protection certificate | CEO |
38 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BD(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
39 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BF(2) | Duty to cancel a witness identity protection certificate | CEO |
40 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BF(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
41 | Evidence (Miscellaneous Provisions) Act 1958 | subsections 42BG(2) and (3) | Power to permit a person to give information | CEO |
42 | Evidence (Miscellaneous Provisions) Act 1958 | subsections 42BI(1), (2) and (3) | Duty to submit a report to the Minister | CEO |
43 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BJ(2) | Power to delegate functions | CEO |
44 | Surveillance Devices Act 1999 | subsection 15(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
45 | Surveillance Devices Act 1999 | paragraph 15(2)(a) | Power to approve the making of an application for a surveillance device warrant | CEO, or a member of the staff of the ACC |
46 | Surveillance Devices Act 1999 | subsections 15(2), (3), (4), (5), (6) and (6A) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
47 | Surveillance Devices Act 1999 | subsection 16(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
48 | Surveillance Devices Act 1999 | subsection 16(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
49 | Surveillance Devices Act 1999 | subsections 19(1), (2), (3), (4), (6), (7) and (8) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
50 | Surveillance Devices Act 1999 | subsection 19(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
51 | Surveillance Devices Act 1999 | subsection 20(1) | Power to apply for extension or variation of surveillance device warrant | Member of the staff of the ACC |
52 | Surveillance Devices Act 1999 | subsection 20(2) | Duty to comply with requirements for making an application under subsection 20(1) | Member of the staff of the ACC |
53 | Surveillance Devices Act 1999 | subsection 20(3) | Duty to comply with requirements in section 15 for making an application under subsection 20(1) | Member of the staff of the ACC |
54 | Surveillance Devices Act 1999 | subsection 20(3) | Power to make a remote application under subsection 20(1) in accordance with subsection 16(1) | Member of the staff of the ACC |
55 | Surveillance Devices Act 1999 | subsection 20(3) | Duty to transmit an affidavit in accordance with subsection 16(2) | Member of the staff of the ACC |
56 | Surveillance Devices Act 1999 | subsection 20A(2) | Duty to revoke a surveillance device warrant | CEO |
57 | Surveillance Devices Act 1999 | subsection 20B(2) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued and the warrant is revoked | CEO |
58 | Surveillance Devices Act 1999 | subsection 20B(3) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued | CEO |
59 | Surveillance Devices Act 1999 | subsection 20B(4) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
60 | Surveillance Devices Act 1999 | subsection 20C(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
61 | Surveillance Devices Act 1999 | paragraph 20C(2)(a) | Power to approve the making of an application for a retrieval warrant | CEO, or a member of the staff of the ACC |
62 | Surveillance Devices Act 1999 | subsections 20C(2), (3), (4), (5), (6) and (6A) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
63 | Surveillance Devices Act 1999 | subsection 20D(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
64 | Surveillance Devices Act 1999 | subsection 20D(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
65 | Surveillance Devices Act 1999 | section 20G | Power to act in accordance with retrieval warrant | Member of the staff of the ACC |
66 | Surveillance Devices Act 1999 | subsection 20H(3) | Duty to revoke a retrieval warrant | CEO |
67 | Surveillance Devices Act 1999 | subsection 20H(4) | Duty to inform chief officer if the grounds for issue of a retrieval warrant no longer exist | Member of the staff of the ACC |
68 | Surveillance Devices Act 1999 | subsection 21(1) | Power to apply for an order directing a person to assist in the execution of a warrant | Member of the staff of the ACC |
69 | Surveillance Devices Act 1999 | subsections 21(2), (2A) and (3) | Duty to comply with requirements for making an application | Member of the staff of the ACC |
70 | Surveillance Devices Act 1999 | subsections 26(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
71 | Surveillance Devices Act 1999 | subsection 26(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO, or a member of the staff of the ACC |
72 | Surveillance Devices Act 1999 | subsection 26(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
73 | Surveillance Devices Act 1999 | subsections 27(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
74 | Surveillance Devices Act 1999 | subsection 27(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO, or a member of the staff of the ACC |
75 | Surveillance Devices Act 1999 | subsection 27(4) | Power to act in accordance with an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
76 | Surveillance Devices Act 1999 | subsection 28(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO, or a member of the staff of the ACC |
77 | Surveillance Devices Act 1999 | subsections 28(2) and (2A) | Duty to comply with requirements for making an application for approval | CEO, or a member of the staff of the ACC |
78 | Surveillance Devices Act 1999 | paragraph 30H(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
79 | Surveillance Devices Act 1999 | paragraph 30H(1)(b) | Duty to destroy records and reports | CEO |
80 | Surveillance Devices Act 1999 | section 30K | Duty to report to judge or magistrate, including certain details | Member of the staff of the ACC |
81 | Surveillance Devices Act 1999 | subsections 30L(1), (2) and (3) | Duty to submit annual report to the Minister | CEO |
82 | Surveillance Devices Act 1999 | subsection 30L(4) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament | CEO |
83 | Surveillance Devices Act 1999 | section 30M | Duty to keep documents connected with warrants and emergency authorisations | CEO |
84 | Surveillance Devices Act 1999 | section 30N | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
85 | Surveillance Devices Act 1999 | section 30O | Duty to cause register of warrants and emergency authorisations, including certain details, to be kept | CEO |
86 | Surveillance Devices Act 1999 | subsection 30P(3) | Duty to ensure that members of the staff of the ACC assist the Victorian Inspectorate | CEO |
87 | Surveillance Devices Act 1999 | subsection 36(1) | Power to issue a written evidentiary certificate | CEO, or a member of the staff of the ACC |
88 | Witness Protection Act 1991 | subsection 6(1A) | Power to apply for an order for authorisation | CEO |
89 | Witness Protection Act 1991 | subsection 6(2) | Duty to provide evidence | CEO |
90 | Witness Protection Act 1991 | subsection 8(1) | Power to make a new entry in the register of births or register of marriages | Member of the staff of the ACC |
91 | Witness Protection Act 1991 | paragraph 9(2)(b) | Power to apply to the Supreme Court for an order that the entry be cancelled | CEO |
92 | Witness Protection Act 1991 | subsection 9(4) | Power to cancel an entry in the register of births or register of marriages | Member of the staff of the ACC |
93 | Witness Protection Act 1991 | subsection 10(2) | Power to disclose former identity | CEO, or a member of the staff of the ACC |
94 | Witness Protection Act 1991 | section 15 | Power to give a certificate | CEO |
95 | Witness Protection Act 1991 | subsection 21(1) | Power to make arrangements with the Chief Commissioner of Police | CEO |
3 Duties, functions and powers conferred on certain persons and bodies by laws of Queensland
A duty, function or power under a provision of a law of Queensland mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of Queensland | ||||
Item | Law | Provision | Duty, function or power | Person or body |
1 | Crime and Corruption Act 2001 | paragraph 278(1)(e) and subsection 278(1A) | Function of being a member of the reference committee | CEO |
2 | Crime and Corruption Act 2001 | subsection 279(4) | Power to appoint person as deputy for the CEO for a reference committee meeting | CEO |
3 | Police Powers and Responsibilities Act 2000 | subsection 328(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
4 | Police Powers and Responsibilities Act 2000 | subsections 328(3) and (4) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
5 | Police Powers and Responsibilities Act 2000 | subsection 328(8) | Duty to advise the public interest monitor of an application | Member of the staff of the ACC |
6 | Police Powers and Responsibilities Act 2000 | subsection 328(9) | Duty to give information as required by judge or magistrate | Member of the staff of the ACC |
7 | Police Powers and Responsibilities Act 2000 | paragraph 329(1)(a) | Power to be present at consideration of application | Member of the staff of the ACC |
8 | Police Powers and Responsibilities Act 2000 | subsections 332(1) to (4) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
9 | Police Powers and Responsibilities Act 2000 | subsection 332(6) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
10 | Police Powers and Responsibilities Act 2000 | subsection 333(1) | Power to apply for extension or amendment of surveillance device warrant | Member of the staff of the ACC |
11 | Police Powers and Responsibilities Act 2000 | subsection 333(3) | Duty to comply with requirements in section 328 for making an application under subsection 333(1) | Member of the staff of the ACC |
12 | Police Powers and Responsibilities Act 2000 | subsection 335(2) | Duty to inform the CEO if use of a surveillance device under a warrant is no longer necessary | Member of the staff of the ACC |
13 | Police Powers and Responsibilities Act 2000 | subsection 335(3) | Duty to ensure that use of a surveillance device under a warrant is discontinued if no longer necessary and notify the public interest monitor | CEO |
14 | Police Powers and Responsibilities Act 2000 | subsection 335(5) | Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued | CEO |
15 | Police Powers and Responsibilities Act 2000 | subsection 336(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
16 | Police Powers and Responsibilities Act 2000 | subsections 336(2) and (3) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
17 | Police Powers and Responsibilities Act 2000 | subsection 336(4) | Duty to advise the public interest monitor of application for a retrieval warrant | Member of the staff of the ACC |
18 | Police Powers and Responsibilities Act 2000 | subsection 336(5) | Duty to provide information as required by judge or magistrate | Member of the staff of the ACC |
19 | Police Powers and Responsibilities Act 2000 | paragraph 337(1)(a) | Power to be present at hearing of application | Member of the staff of the ACC |
20 | Police Powers and Responsibilities Act 2000 | section 340 | Power to act in accordance with retrieval warrant | Member of the staff of the ACC |
21 | Police Powers and Responsibilities Act 2000 | subsection 342(1) | Duty to inform CEO if grounds for issue of retrieval warrant no longer exist | Member of the staff of the ACC |
22 | Police Powers and Responsibilities Act 2000 | subsection 342(2) | Duty to give written notice to the public interest monitor if grounds for issue of retrieval warrant no longer exist | CEO |
23 | Police Powers and Responsibilities Act 2000 | subsections 343(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
24 | Police Powers and Responsibilities Act 2000 | subsection 343(3) | Power to give an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
25 | Police Powers and Responsibilities Act 2000 | subsection 343(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
26 | Police Powers and Responsibilities Act 2000 | subsection 344(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | Member of the staff of the ACC |
27 | Police Powers and Responsibilities Act 2000 | subsection 344(2) | Duty to comply with requirements for making an application for approval | Member of the staff of the ACC |
28 | Police Powers and Responsibilities Act 2000 | subsection 344(3) | Duty to advise the public interest monitor of making an application for approval | Member of the staff of the ACC |
29 | Police Powers and Responsibilities Act 2000 | subsection 344(4) | Duty to give information as required by judge | Member of the staff of the ACC |
30 | Police Powers and Responsibilities Act 2000 | paragraph 345(1)(a) | Power to be present at hearing of application for approval | Member of the staff of the ACC |
31 | Police Powers and Responsibilities Act 2000 | subsection 347(4) | Duty to comply with order specifying how information and records must be dealt with | Member of the staff of the ACC |
32 | Police Powers and Responsibilities Act 2000 | section 349 | Power to execute a corresponding warrant in the jurisdiction | Member of the staff of the ACC |
33 | Police Powers and Responsibilities Act 2000 | section 350 | Power to execute a corresponding emergency authorisation in the jurisdiction | Member of the staff of the ACC |
34 | Police Powers and Responsibilities Act 2000 | section 353 | Power to use, communicate or publish protected information for certain purposes | Member of the staff of the ACC |
35 | Police Powers and Responsibilities Act 2000 | paragraph 354(2)(a) | Duty to ensure that records and reports are kept securely | CEO |
36 | Police Powers and Responsibilities Act 2000 | paragraph 354(2)(b) | Duty to destroy records and reports | CEO |
37 | Police Powers and Responsibilities Act 2000 | section 357 | Duty to report on warrant to issuing judge or magistrate | Member of the staff of the ACC |
38 | Police Powers and Responsibilities Act 2000 | section 359 | Duty to cause documents connected with warrants and emergency authorisations to be kept | CEO |
39 | Police Powers and Responsibilities Act 2000 | section 360 | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
40 | Police Powers and Responsibilities Act 2000 | subsection 364(1) | Power to issue a written evidentiary certificate | Member of the staff of the ACC |
41 | Witness Protection Act 2000 | subsection 6(2) | Function of signing an application to include a person in the program | CEO, or a member of the staff of the ACC |
42 | Witness Protection Act 2000 | subsection 6(2) | Power to authorise an officer to sign an application | CEO |
43 | Witness Protection Act 2000 | subsection 33(2) | Power to make an application under section 16 | CEO |
44 | Witness Protection Act 2000 | subsection 40(1) | Power to make an arrangement with the chairperson | CEO |
Part 4—Laws of Western Australia
4 Duties, functions and powers conferred on certain persons and bodies by laws of Western Australia
A duty, function or power under a provision of a law of Western Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of Western Australia | ||||
Item | Law | Provision | Duty, function or power | Person or body |
1 | Criminal Investigation (Covert Powers) Act 2012 | subsection 10(1) | Power to apply for authority to conduct a controlled operation | Member of the staff of the ACC |
2 | Criminal Investigation (Covert Powers) Act 2012 | subsection 10(7) | Duty to provide certain information | Member of the staff of the ACC |
3 | Criminal Investigation (Covert Powers) Act 2012 | subsection 10(8) | Power to require additional information | CEO |
4 | Criminal Investigation (Covert Powers) Act 2012 | subsection 10(9) | Duty to make a written record of an urgent application and give a copy to the chief officer as soon as practicable | Member of the staff of the ACC |
5 | Criminal Investigation (Covert Powers) Act 2012 | section 11 | Power to authorise or refuse to authorise a controlled operation | CEO |
6 | Criminal Investigation (Covert Powers) Act 2012 | sections 12 to 14 | Duty to be satisfied of certain matters | CEO |
7 | Criminal Investigation (Covert Powers) Act 2012 | subsection 15(6) | Duty to include certain particulars in an authority | CEO |
8 | Criminal Investigation (Covert Powers) Act 2012 | subsection 15(8) | Duty to make a written record of particulars in subsection 15(6) after granting an urgent authority | CEO |
9 | Criminal Investigation (Covert Powers) Act 2012 | subsection 17(1) | Power to vary, or to refuse to vary, an authority | CEO |
10 | Criminal Investigation (Covert Powers) Act 2012 | subsection 17(3) | Duty to give written document to the principal law enforcement officer after varying an authority | CEO |
11 | Criminal Investigation (Covert Powers) Act 2012 | subsection 19(1) | Power to apply for a variation of an authority | Member of the staff of the ACC |
12 | Criminal Investigation (Covert Powers) Act 2012 | subsection 19(7) | Power to require additional information | CEO |
13 | Criminal Investigation (Covert Powers) Act 2012 | subsection 19(8) | Duty to make a written record of an urgent application and give a copy to the authorising officer | Member of the staff of the ACC |
14 | Criminal Investigation (Covert Powers) Act 2012 | subsection 20(1) | Power to vary, or to refuse to vary, an authority on application | CEO |
15 | Criminal Investigation (Covert Powers) Act 2012 | subsections 20(2) and (3) | Duty to be satisfied of certain matters | CEO |
16 | Criminal Investigation (Covert Powers) Act 2012 | subsection 21(5) | Duty to include certain particulars in a variation | CEO |
17 | Criminal Investigation (Covert Powers) Act 2012 | subsection 21(6) | Duty to make a written record of particulars for subsection 21(5) after making an urgent variation | CEO |
18 | Criminal Investigation (Covert Powers) Act 2012 | subsection 22(1) | Power to cancel an authority | CEO |
19 | Criminal Investigation (Covert Powers) Act 2012 | subsection 22(4) | Duty to specify reasons for cancelling the authority | CEO |
20 | Criminal Investigation (Covert Powers) Act 2012 | paragraph 23(1)(a) | Power to engage in specified controlled conduct | Member of the staff of the ACC |
21 | Criminal Investigation (Covert Powers) Act 2012 | subsection 25(2) | Power to apply for retrospective authority for unlawful conduct by a participant in an authorised operation | Member of the staff of the ACC |
22 | Criminal Investigation (Covert Powers) Act 2012 | subsection 25(4) | Power to require additional information | CEO |
23 | Criminal Investigation (Covert Powers) Act 2012 | subsection 25(5) | Power to grant or refuse retrospective authority on application | CEO |
24 | Criminal Investigation (Covert Powers) Act 2012 | subsection 25(6) | Duty to be satisfied of certain matters | CEO |
25 | Criminal Investigation (Covert Powers) Act 2012 | subsection 25(7) | Duty not to grant retrospective authority with respect to certain types of conduct | CEO |
26 | Criminal Investigation (Covert Powers) Act 2012 | section 26 | Duty to provide the Corruption and Crime Commission with written information, and any additional information it requires, about a retrospective authority | CEO |
27 | Criminal Investigation (Covert Powers) Act 2012 | subsection 28(2) | Duty to indemnify a participant in an authorised operation against civil liability | CEO |
28 | Criminal Investigation (Covert Powers) Act 2012 | subsection 33(1) | Duty to report loss of or damage to property | Member of the staff of the ACC |
29 | Criminal Investigation (Covert Powers) Act 2012 | subsections 33(2) and (3) | Duty to notify owner of loss or damage in certain circumstances | CEO |
30 | Criminal Investigation (Covert Powers) Act 2012 | section 36 | Duty to report to chief officer on authorised operation | Member of the staff of the ACC |
31 | Criminal Investigation (Covert Powers) Act 2012 | section 37 | Duty to report twice a year to the Corruption and Crime Commission on controlled operations conducted during past 6 months | CEO |
32 | Criminal Investigation (Covert Powers) Act 2012 | subsection 38(2) | Duty to advise the Minister of information that should be excluded from the Corruption and Crime Commission’s report before tabling | CEO |
33 | Criminal Investigation (Covert Powers) Act 2012 | section 39 | Duty to cause certain documents to be kept | CEO |
34 | Criminal Investigation (Covert Powers) Act 2012 | section 40 | Duty to cause a general register to be kept and to include certain details in it | CEO |
35 | Criminal Investigation (Covert Powers) Act 2012 | subsection 41(2) | Duty to allow the Corruption and Crime Commission to enter agency premises, give the Commission full and free access to records, and give information to the Commission | CEO, or a member of the staff of the ACC |
36 | Criminal Investigation (Covert Powers) Act 2012 | subsection 41(4) | Duty to ensure that members of staff of the ACC give the Commission reasonable assistance | CEO |
37 | Criminal Investigation (Covert Powers) Act 2012 | subsection 43(3) | Power to delegate a function under Part 2 of the Act | CEO |
38 | Criminal Investigation (Covert Powers) Act 2012 | subsection 47(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
39 | Criminal Investigation (Covert Powers) Act 2012 | subsections 47(2) to (7) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
40 | Criminal Investigation (Covert Powers) Act 2012 | subsection 47(8) | Power to require additional information | CEO |
41 | Criminal Investigation (Covert Powers) Act 2012 | subsection 47(9) | Duty to make a written record of an urgent application and give a copy to the authorising officer | Member of the staff of the ACC |
42 | Criminal Investigation (Covert Powers) Act 2012 | subsection 48(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
43 | Criminal Investigation (Covert Powers) Act 2012 | subsection 48(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
44 | Criminal Investigation (Covert Powers) Act 2012 | subsection 48(3) | Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian | CEO |
45 | Criminal Investigation (Covert Powers) Act 2012 | paragraph 48(5)(a) | Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages | CEO |
46 | Criminal Investigation (Covert Powers) Act 2012 | paragraph 48(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
47 | Criminal Investigation (Covert Powers) Act 2012 | paragraph 48(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
48 | Criminal Investigation (Covert Powers) Act 2012 | subsections 49(5) and (6) | Duty to include certain particulars in an authority | CEO |
49 | Criminal Investigation (Covert Powers) Act 2012 | subsection 49(7) | Duty to make a written record after granting an urgent authority | CEO |
50 | Criminal Investigation (Covert Powers) Act 2012 | subsection 51(1) | Power to vary an authority | CEO |
51 | Criminal Investigation (Covert Powers) Act 2012 | subsection 51(9) | Duty to include certain particulars in a variation of authority | CEO |
52 | Criminal Investigation (Covert Powers) Act 2012 | subsection 51(10) | Duty to make a written record of the particulars in subsection 51(9) for an urgent variation of authority | CEO |
53 | Criminal Investigation (Covert Powers) Act 2012 | subsection 52(1) | Duty to cancel an authority | CEO |
54 | Criminal Investigation (Covert Powers) Act 2012 | subsection 52(2) | Duty to give written notice of the variation or cancellation of an authority | CEO |
55 | Criminal Investigation (Covert Powers) Act 2012 | subsection 52(8) | Duty to include certain particulars in a cancellation of authority | CEO |
56 | Criminal Investigation (Covert Powers) Act 2012 | subsection 52(9) | Duty to make a written record of the particulars in subsection 52(8) for an urgent cancellation of authority | CEO |
57 | Criminal Investigation (Covert Powers) Act 2012 | subsections 53(1), (2) and (3) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
58 | Criminal Investigation (Covert Powers) Act 2012 | subsection 53(4) | Duty to cancel an authority | CEO |
59 | Criminal Investigation (Covert Powers) Act 2012 | subsection 53(5) | Duty to record an opinion, and reasons for it, in writing | CEO |
60 | Criminal Investigation (Covert Powers) Act 2012 | paragraph 54(3)(a) | Power to apply for an order to make an entry in the Register | CEO |
61 | Criminal Investigation (Covert Powers) Act 2012 | subsection 55(2) | Duty to apply for an order to cancel an entry made in the Register | CEO |
62 | Criminal Investigation (Covert Powers) Act 2012 | subsection 55(3) | Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction | CEO |
63 | Criminal Investigation (Covert Powers) Act 2012 | subsection 58(3) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
64 | Criminal Investigation (Covert Powers) Act 2012 | subsection 61(3) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
65 | Criminal Investigation (Covert Powers) Act 2012 | subsection 63(2) | Duty to indemnify an issuing agency and its officers | CEO |
66 | Criminal Investigation (Covert Powers) Act 2012 | subsection 64(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
67 | Criminal Investigation (Covert Powers) Act 2012 | paragraph 64(3)(a) | Power to make a false or misleading representation | Member of the staff of the ACC |
68 | Criminal Investigation (Covert Powers) Act 2012 | subsection 66(2) | Duty to indemnify an authorised person | CEO |
69 | Criminal Investigation (Covert Powers) Act 2012 | subsection 69(2) | Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity | CEO |
70 | Criminal Investigation (Covert Powers) Act 2012 | subsection 72(2) | Duty to indemnify an issuing agency and its officers | CEO |
71 | Criminal Investigation (Covert Powers) Act 2012 | subsection 76(1) | Duty to submit an annual report to the Minister | CEO |
72 | Criminal Investigation (Covert Powers) Act 2012 | subsection 76(2) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament | CEO |
73 | Criminal Investigation (Covert Powers) Act 2012 | section 77 | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
74 | Criminal Investigation (Covert Powers) Act 2012 | subsection 78(1) | Duty to arrange for records to be audited | CEO |
75 | Criminal Investigation (Covert Powers) Act 2012 | subsection 78(2) | Power to appoint auditor | CEO |
76 | Criminal Investigation (Covert Powers) Act 2012 | subsection 79(3) | Power to delegate functions to senior officers | CEO |
77 | Criminal Investigation (Covert Powers) Act 2012 | subsection 82(1) | Power to give a witness identity protection certificate | CEO |
78 | Criminal Investigation (Covert Powers) Act 2012 | subsection 82(2) | Duty to make inquiries | CEO |
79 | Criminal Investigation (Covert Powers) Act 2012 | subsection 83(2) | Duty to state certain information in a witness identity protection certificate | CEO |
80 | Criminal Investigation (Covert Powers) Act 2012 | subsection 83(3) | Duty not to state certain information in a witness identity protection certificate | CEO |
81 | Criminal Investigation (Covert Powers) Act 2012 | subsection 99(2) | Power to cancel a witness identity protection certificate | CEO |
82 | Criminal Investigation (Covert Powers) Act 2012 | subsection 99(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
83 | Criminal Investigation (Covert Powers) Act 2012 | subsection 100(2) | Power to permit a person to give information | CEO |
84 | Criminal Investigation (Covert Powers) Act 2012 | subsection 100(3) | Duty to include certain information in the permission | CEO |
85 | Criminal Investigation (Covert Powers) Act 2012 | subsection 102(1) | Power to sign an evidentiary certificate | CEO |
86 | Criminal Investigation (Covert Powers) Act 2012 | subsection 103(1) | Duty to submit an annual report to the Minister | CEO |
87 | Criminal Investigation (Covert Powers) Act 2012 | subsection 103(2) | Duty to include certain information in annual report | CEO |
88 | Criminal Investigation (Covert Powers) Act 2012 | subsection 103(3) | Duty not to include certain information in annual report | CEO |
89 | Criminal Investigation (Covert Powers) Act 2012 | subsection 105(3) | Power to delegate functions to senior officers | CEO |
90 | Surveillance Devices Act 1998 | subsection 3(1) | Power to authorise a person | Chair of the Board of the ACC |
91 | Surveillance Devices Act 1998 | subsection 13(9) | Power to take action in accordance with a warrant | Member of the staff of the ACC |
92 | Surveillance Devices Act 1998 | paragraph 15(1)(c) | Power to apply for a warrant | Member of the staff of the ACC |
93 | Surveillance Devices Act 1998 | subsection 15(2) | Power to apply for a warrant on behalf of another law enforcement officer | Member of the staff of the ACC |
94 | Surveillance Devices Act 1998 | paragraph 15(3)(c) | Power to authorise action | Chair of the Board of the ACC |
95 | Surveillance Devices Act 1998 | paragraphs 15(3)(c), (e), (f) and (g) | Duty to comply with requirements for making an application for a warrant | Member of the staff of the ACC |
96 | Surveillance Devices Act 1998 | paragraph 15(3)(d) | Duty to specify name of other law enforcement officer in an application for a warrant under subsection 15(2) | Member of the staff of the ACC |
97 | Surveillance Devices Act 1998 | paragraphs 15(3)(h), (i) and (j) | Power to make requests in an application for a warrant | Member of the staff of the ACC |
98 | Surveillance Devices Act 1998 | subsection 16(1) | Power to apply to a court for a warrant by any means of communication | Member of the staff of the ACC |
99 | Surveillance Devices Act 1998 | subsection 16(3) | Duty to comply with requirements in section 15 for making an application for a warrant under subsection 16(1) | Member of the staff of the ACC |
100 | Surveillance Devices Act 1998 | subsection 16(4) | Power to cause an application for a warrant to be transmitted | Member of the staff of the ACC |
101 | Surveillance Devices Act 1998 | paragraph 17(2)(c) | Duty to complete a form of warrant | Member of the staff of the ACC |
102 | Surveillance Devices Act 1998 | subsection 17(3) | Duty to forward the form of warrant, prepared information and sworn affidavit to the court | Member of the staff of the ACC |
103 | Surveillance Devices Act 1998 | subsection 17(5) | Power to act in accordance with a form of warrant | Member of the staff of the ACC |
104 | Surveillance Devices Act 1998 | subsection 19(1) | Power to apply to a court for an extension of the period that a warrant is to be in force | Member of the staff of the ACC |
105 | Surveillance Devices Act 1998 | subsection 19(2) | Duty to comply with requirements for making an application for an extension | Member of the staff of the ACC |
106 | Surveillance Devices Act 1998 | paragraph 20(a) | Power to install, use or maintain, or cause to be installed, used or maintained, a listening device in accordance with an emergency authorisation | Member of the staff of the ACC |
107 | Surveillance Devices Act 1998 | paragraph 20(b) | Power to install, use or maintain, or cause to be installed, used or maintained, an optical surveillance device in accordance with an emergency authorisation | Member of the staff of the ACC |
108 | Surveillance Devices Act 1998 | paragraph 20(c) | Power to attach, install, use or maintain, or cause to be attached, installed, used or maintained, a tracking device in accordance with an emergency authorisation | Member of the staff of the ACC |
109 | Surveillance Devices Act 1998 | paragraph 20(d) | Power to retrieve, or cause to be retrieved, a surveillance device in accordance with an emergency authorisation | Member of the staff of the ACC |
110 | Surveillance Devices Act 1998 | paragraphs 20(e), (f) and (g) | Power to enter premises, for a purpose mentioned in paragraphs 20(a) to (d), in accordance with an emergency authorisation | Member of the staff of the ACC |
111 | Surveillance Devices Act 1998 | paragraph 20(h) | Power to connect a surveillance device to an electricity supply system and use electricity from that system to operate the device in accordance with an emergency authorisation | Member of the staff of the ACC |
112 | Surveillance Devices Act 1998 | paragraph 20(i) | Power to temporarily remove a vehicle from and return the vehicle to premises for the purpose of the attachment, installation, maintenance or retrieval of a tracking device in accordance with an emergency authorisation | Member of the staff of the ACC |
113 | Surveillance Devices Act 1998 | subsection 21(1) | Power to apply for or issue an emergency authorisation | Member of the staff of the ACC |
114 | Surveillance Devices Act 1998 | subsection 21(2) | Power to apply for or issue an emergency authorisation for the retrieval of a listening device, an optical surveillance device or a tracking device | Member of the staff of the ACC |
115 | Surveillance Devices Act 1998 | subsection 21(3) | Power to apply to an authorised person for an emergency authorisation by any means of communication | Member of the staff of the ACC |
116 | Surveillance Devices Act 1998 | subsection 21(4) | Duty to deliver a written report to a judge in relation to use of a surveillance device | Member of the staff of the ACC |
117 | Surveillance Devices Act 1998 | subsection 21(5) | Duty to deliver a written report to a judge in relation to retrieval of a surveillance device | Member of the staff of the ACC |
118 | Surveillance Devices Act 1998 | subsection 21(6) | Power to take action in accordance with an emergency authorisation | Member of the staff of the ACC |
119 | Surveillance Devices Act 1998 | subsection 21(7) | Power to issue a composite emergency authorisation | Member of the staff of the ACC |
120 | Surveillance Devices Act 1998 | subsection 22(2) | Power to retrieve a surveillance device in accordance with a surveillance device (retrieval) warrant | Member of the staff of the ACC |
121 | Surveillance Devices Act 1998 | subsection 22(3) | Power to take action in accordance with a surveillance device (retrieval) warrant | Member of the staff of the ACC |
122 | Surveillance Devices Act 1998 | subsection 22(3) | Power to apply in accordance with subsection 15(1) for a surveillance device (retrieval) warrant | Member of the staff of the ACC |
123 | Surveillance Devices Act 1998 | subsection 22(3) | Duty to comply with requirement in paragraph 15(3)(c) for making an application for a surveillance device (retrieval) warrant | Member of the staff of the ACC |
124 | Surveillance Devices Act 1998 | subsection 32(3) | Duty to make an application for an order under section 31 ex parte | Member of the staff of the ACC |
125 | Surveillance Devices Act 1998 | subsection 40(3) | Power to seize an item to give effect to a court order and power to enter premises for that purpose | Member of the staff of the ACC |
126 | Surveillance Devices Act 1998 | subsection 43(3) | Duty to give a report to the Minister | Chair of the Board of the ACC |
127 | Witness Protection (Western Australia) Act 1996 | subsection 6(1) | Power to make arrangements with the Commissioner of Police | Chair of the Board of the ACC |
128 | Witness Protection (Western Australia) Act 1996 | subsection 8(1) | Power to request that a person be included in the State Witness Protection Program | Chair of the Board of the ACC |
129 | Witness Protection (Western Australia) Act 1996 | paragraph 20(2)(a) | Power to apply to the Supreme Court for a new identity order | Chair of the Board of the ACC |
130 | Witness Protection (Western Australia) Act 1996 | paragraph 20(2)(b) | Power to apply to the Supreme Court for an order in respect of a person who has ceased to be included in a witness protection program | Chair of the Board of the ACC |
Part 5—Laws of South Australia
5 Duties, functions and powers conferred on certain persons and bodies by laws of South Australia
A duty, function or power under a provision of a law of South Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of South Australia | ||||
Item | Law | Provision | Duty, function or power | Person or body |
1 | Criminal Investigation (Covert Operations) Act 2009 | subsection 6(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
2 | Criminal Investigation (Covert Operations) Act 2009 | subsection 6(3) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
3 | Criminal Investigation (Covert Operations) Act 2009 | subsection 6(4) | Duty to provide additional information required by the chief officer | Member of the staff of the ACC |
4 | Criminal Investigation (Covert Operations) Act 2009 | subsection 7(1) | Power to grant an authority to acquire or use an assumed identity | CEO |
5 | Criminal Investigation (Covert Operations) Act 2009 | subsection 7(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
6 | Criminal Investigation (Covert Operations) Act 2009 | subsection 7(3) | Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian | CEO |
7 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 7(5)(a) | Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages | CEO |
8 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 7(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
9 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 7(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
10 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 8(c) | Duty to include certain particulars in an authority | CEO |
11 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 10(1)(a) | Power to vary or cancel an authority | CEO |
12 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 10(1)(b) | Duty to cancel an authority | CEO |
13 | Criminal Investigation (Covert Operations) Act 2009 | subsection 10(2) | Duty to give written notice of variation or cancellation of an authority | CEO |
14 | Criminal Investigation (Covert Operations) Act 2009 | subsection 10(3) | Duty to specify reason for variation or cancellation in notice | CEO |
15 | Criminal Investigation (Covert Operations) Act 2009 | subsection 11(1) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
16 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 11(3)(a) | Duty to record an opinion, and reasons for it, in writing | CEO |
17 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 11(3)(b) | Duty to cancel an authority | CEO |
18 | Criminal Investigation (Covert Operations) Act 2009 | paragraph 12(2)(a) | Power to apply for an order to make an entry in the Register | CEO |
19 | Criminal Investigation (Covert Operations) Act 2009 | subsection 13(2) | Duty to apply for an order to cancel an entry made in the Register | CEO |
20 | Criminal Investigation (Covert Operations) Act 2009 | subsection 13(4) | Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction | CEO |
21 | Criminal Investigation (Covert Operations) Act 2009 | subsection 14(1) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
22 | Criminal Investigation (Covert Operations) Act 2009 | subsection 15(1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
23 | Criminal Investigation (Covert Operations) Act 2009 | subsection 18(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
24 | Criminal Investigation (Covert Operations) Act 2009 | subsection 23(1) | Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity | CEO |
25 | Criminal Investigation (Covert Operations) Act 2009 | section 27 | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
26 | Criminal Investigation (Covert Operations) Act 2009 | subsection 28(1) | Duty to arrange for records to be audited | CEO |
27 | Criminal Investigation (Covert Operations) Act 2009 | subsection 28(2) | Power to appoint auditor | CEO |
28 | Criminal Investigation (Covert Operations) Act 2009 | subsection 29(2) | Power to delegate functions to senior officers | CEO |
29 | Criminal Investigation (Covert Operations) Act 2009 | subsection 31(1) | Power to give a witness identity protection certificate | CEO |
30 | Criminal Investigation (Covert Operations) Act 2009 | subsection 31(2) | Duty to obtain certain information | CEO |
31 | Criminal Investigation (Covert Operations) Act 2009 | subsection 31(5) | Duty to make all reasonable enquiries | CEO |
32 | Criminal Investigation (Covert Operations) Act 2009 | subsection 33(1) | Duty to state certain information in a witness identity protection certificate | CEO |
33 | Criminal Investigation (Covert Operations) Act 2009 | subsection 33(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
34 | Criminal Investigation (Covert Operations) Act 2009 | subsection 34(1) | Power to cancel a witness identity protection certificate | CEO |
35 | Criminal Investigation (Covert Operations) Act 2009 | subsection 34(2) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
36 | Criminal Investigation (Covert Operations) Act 2009 | section 35 | Power to permit a person to give information | CEO |
37 | Criminal Investigation (Covert Operations) Act 2009 | subsection 42(2) | Power to delegate functions | CEO |
38 | Criminal Investigation (Covert Operations) Act 2009 | subsection 47(1) | Duty to submit an annual report to the Minister that includes certain information | CEO |
39 | Criminal Investigation (Covert Operations) Act 2009 | subsection 47(2) | Duty not to include certain information in annual report | CEO |
40 | Criminal Investigation (Covert Operations) Act 2009 | subsection 47(3) | Duty to advise the Minister of any information in the annual report that should be excluded before the report is laid before Parliament | CEO |
41 | Surveillance Devices Act 2016 | subsection 14(1) | Power to apply for a surveillance device (tracking) warrant | Member of the staff of the ACC |
42 | Surveillance Devices Act 2016 | subsection 14(2) | Power to apply for a variation or renewal of a surveillance device (tracking) warrant | Member of the staff of the ACC |
43 | Surveillance Devices Act 2016 | subsections 14(3), (4) and (5) | Duty to comply with the requirements for making a surveillance device (tracking) warrant application | Member of the staff of the ACC |
44 | Surveillance Devices Act 2016 | subsection 14(4) | Duty to make a contemporaneous written record of details of a surveillance device (tracking) warrant application | CEO |
45 | Surveillance Devices Act 2016 | subsection 14(6) | Power to require further information in relation to a surveillance device (tracking) warrant application | CEO |
46 | Surveillance Devices Act 2016 | subsection 15(1) | Power to issue a surveillance device (tracking) warrant | CEO |
47 | Surveillance Devices Act 2016 | subsection 15(2) | Duty to include certain details in a surveillance device (tracking) warrant | CEO |
48 | Surveillance Devices Act 2016 | subsection 15(4) | Duty to cancel a surveillance device (tracking) warrant if satisfied that grounds for issue have ceased to exist | CEO |
49 | Surveillance Devices Act 2016 | subsection 15(5) | Power to cancel a surveillance device (tracking) warrant | CEO |
50 | Surveillance Devices Act 2016 | subsection 17(1) | Power to apply for a surveillance device (general) warrant | Member of the staff of the ACC |
51 | Surveillance Devices Act 2016 | subsection 17(2) | Power to apply for a variation or renewal of a surveillance device (general) warrant | Member of the staff of the ACC |
52 | Surveillance Devices Act 2016 | subsections 17(3) and (4) | Duty to comply with the requirements for making a surveillance device (general) warrant application | Member of the staff of the ACC |
53 | Surveillance Devices Act 2016 | subsection 18(1) | Power to make a remote application for the issue, variation or renewal of a surveillance device (general) warrant | Member of the staff of the ACC |
54 | Surveillance Devices Act 2016 | subsections 18(2) and (3) | Duty to comply with the requirements for making a remote surveillance device (general) warrant application for issue, variation or renewal | Member of the staff of the ACC |
55 | Surveillance Devices Act 2016 | subsection 19(5) | Duty to cancel a surveillance device (tracking) warrant if satisfied that grounds for issue have ceased to exist | CEO |
56 | Surveillance Devices Act 2016 | subsection 19(6) | Power to cancel a surveillance device (tracking) warrant | CEO |
57 | Surveillance Devices Act 2016 | subsection 20(1) | Power to apply for a surveillance device (emergency) authority | Member of the staff of the ACC |
58 | Surveillance Devices Act 2016 | subsections 20(2) and (3) | Duty to comply with the requirements for making a surveillance device (emergency) authority application | Member of the staff of the ACC |
59 | Surveillance Devices Act 2016 | subsection 21(1) | Power to issue a surveillance device (emergency) authority and duty to be satisfied of certain matters before doing so | CEO |
60 | Surveillance Devices Act 2016 | subsection 21(2) | Duty to include certain details in a surveillance device (emergency) authority | CEO |
61 | Surveillance Devices Act 2016 | subsection 21(3) | Power to issue a surveillance device (emergency) authority using a code name for the applicant or responsible officer | CEO |
62 | Surveillance Devices Act 2016 | subsection 21(5) | Duty not to issue a surveillance device (emergency) authority that authorises installation or use of a surveillance device outside South Australia | CEO |
63 | Surveillance Devices Act 2016 | subsection 21(6) | Duty to cancel a surveillance device (emergency) authority if satisfied that grounds for issue have ceased to exist | CEO |
64 | Surveillance Devices Act 2016 | subsection 21(7) | Power to cancel a surveillance device (emergency) authority | CEO |
65 | Surveillance Devices Act 2016 | subsection 22(1) | Duty to apply to a judge for confirmation of a surveillance device (emergency) authority | Member of the staff of the ACC |
66 | Surveillance Devices Act 2016 | subsections 22(2) and (3) | Duty to comply with the requirements for making an application for confirmation of a surveillance device (emergency) authority | Member of the staff of the ACC |
67 | Surveillance Devices Act 2016 | sections 24 and 25 | Power to execute a corresponding warrant or a corresponding emergency authority in South Australia | Member of the staff of the ACC |
68 | Surveillance Devices Act 2016 | subsection 26(1) | Duty to manage records relating to a surveillance device (tracking) warrant in accordance with the regulations | CEO |
69 | Surveillance Devices Act 2016 | subsection 26(2) | Duty to manage records relating to a surveillance device (emergency) authority in accordance with the regulations | CEO |
70 | Surveillance Devices Act 2016 | section 31 | Duty to keep, control, manage access to and destroy records, information and material in accordance with the regulations | CEO |
71 | Surveillance Devices Act 2016 | subsection 37(1) | Power to seize a surveillance device or a record of information from a surveillance device | Member of the staff of the ACC |
72 | Surveillance Devices Act 2016 | paragraph 37(2)(a) | Power to break into, enter and search any premises in which the member suspects on reasonable grounds there is a surveillance device or record liable to be seized | Member of the staff of the ACC |
73 | Surveillance Devices Act 2016 | paragraph 37(2)(b) | Power to stop, detain and search, or detain and search, any vehicle that the member suspects on reasonable grounds contains a surveillance device or record liable to be seized | Member of the staff of the ACC |
74 | Surveillance Devices Act 2016 | paragraph 37(2)(c) | Power to detain and search any person who the member suspects on reasonable grounds has possession of a surveillance device or record liable to be seized | Member of the staff of the ACC |
75 | Surveillance Devices Act 2016 | subsection 37(3) | Duty to return a surveillance device or record that has been seized | Member of the staff of the ACC |
76 | Surveillance Devices Regulations 2017 | subregulation 4(1) | Duty to ensure that records are stored securely | CEO |
77 | Surveillance Devices Regulations 2017 | subregulation 4(2) | Power to authorise the removal of a record from storage | CEO |
78 | Surveillance Devices Regulations 2017 | regulation 5 | Duty to keep and maintain a records register and power to authorise a person to make an entry in the register | CEO |
79 | Surveillance Devices Regulations 2017 | regulation 6 | Duty to enter certain details in the register in relation to accessing a record in the register by a person authorised under the Act | CEO |
80 | Surveillance Devices Regulations 2017 | regulation 7 | Duties in relation to copying of a record in the register | CEO |
81 | Surveillance Devices Regulations 2017 | regulation 8 | Power to authorise destruction of a record and duty to record on the register any such destruction | CEO |
82 | Witness Protection Act 1996 | subsection 6(1) | Power to make an arrangement in connection with the administration of a complementary witness protection law | CEO |
83 | Witness Protection Act 1996 | subsection 18(1) | Power to give a participant permission not to disclose the participant’s former identity | CEO |
84 | Witness Protection Act 1996 | paragraph 21(3)(a) | Power to authorise a disclosure of information | CEO |
6 Duties, functions and powers conferred on certain persons and bodies by laws of Tasmania
A duty, function or power under a provision of a law of Tasmania mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of Tasmania | ||||
Item | Law | Provision | Duty, function or power | Person or body |
1 | Police Powers (Assumed Identities) Act 2006 | subsection 5(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
2 | Police Powers (Assumed Identities) Act 2006 | paragraph 5(3)(a) | Power to approve form of application for authority | CEO |
3 | Police Powers (Assumed Identities) Act 2006 | subsection 5(3) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
4 | Police Powers (Assumed Identities) Act 2006 | subsection 5(4) | Power to require additional information | CEO |
5 | Police Powers (Assumed Identities) Act 2006 | subsection 6(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
6 | Police Powers (Assumed Identities) Act 2006 | subsection 6(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
7 | Police Powers (Assumed Identities) Act 2006 | subsection 6(3) | Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian | CEO |
8 | Police Powers (Assumed Identities) Act 2006 | paragraph 6(5)(a) | Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages | CEO |
9 | Police Powers (Assumed Identities) Act 2006 | paragraph 6(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
10 | Police Powers (Assumed Identities) Act 2006 | paragraph 6(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
11 | Police Powers (Assumed Identities) Act 2006 | paragraph 7(1)(a) | Power to approve the form of an authority | CEO |
12 | Police Powers (Assumed Identities) Act 2006 | subsections 7(2) and (3) | Duty to include certain particulars in an authority | CEO |
13 | Police Powers (Assumed Identities) Act 2006 | paragraph 9(1)(a) | Power to vary or cancel an authority | CEO |
14 | Police Powers (Assumed Identities) Act 2006 | paragraph 9(1)(b) | Duty to cancel an authority | CEO |
15 | Police Powers (Assumed Identities) Act 2006 | subsection 9(2) | Duty to give written notice of the variation or cancellation of an authority | CEO |
16 | Police Powers (Assumed Identities) Act 2006 | subsection 9(3) | Duty to give reasons for the variation or cancellation of an authority | CEO |
17 | Police Powers (Assumed Identities) Act 2006 | subsections 10(1), (2) and (3) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
18 | Police Powers (Assumed Identities) Act 2006 | subsection 10(4) | Duty to cancel an authority | CEO |
19 | Police Powers (Assumed Identities) Act 2006 | subsection 10(5) | Duty to record an opinion that use of assumed identity is still necessary, and reasons for the opinion, in writing | CEO |
20 | Police Powers (Assumed Identities) Act 2006 | paragraph 11(3)(a) | Power to apply for an order to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1999 (Tas.) | CEO |
21 | Police Powers (Assumed Identities) Act 2006 | subsection 12(2) | Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1999 (Tas.) | CEO |
22 | Police Powers (Assumed Identities) Act 2006 | subsection 12(3) | Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction | CEO |
23 | Police Powers (Assumed Identities) Act 2006 | subsection 15(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
24 | Police Powers (Assumed Identities) Act 2006 | subsection 18(1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
25 | Police Powers (Assumed Identities) Act 2006 | subsection 21(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
26 | Police Powers (Assumed Identities) Act 2006 | subsection 26(2) | Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity | CEO |
27 | Police Powers (Assumed Identities) Act 2006 | subsection 33(1) | Duty to submit a report to the Minister | CEO |
28 | Police Powers (Assumed Identities) Act 2006 | subsection 33(2) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament | CEO |
29 | Police Powers (Assumed Identities) Act 2006 | section 34 | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
30 | Police Powers (Assumed Identities) Act 2006 | subsection 35(1) | Duty to arrange for records to be audited | CEO |
31 | Police Powers (Assumed Identities) Act 2006 | subsection 35(2) | Power to appoint auditor | CEO |
32 | Police Powers (Assumed Identities) Act 2006 | section 36 | Power to delegate functions to senior officers | CEO |
33 | Police Powers (Controlled Operations) Act 2006 | subsection 9(1) | Power to apply for authority to conduct a controlled operation | Member of the staff of the ACC |
34 | Police Powers (Controlled Operations) Act 2006 | subsection 9(4) | Duty to provide certain particulars | Member of the staff of the ACC |
35 | Police Powers (Controlled Operations) Act 2006 | subsection 9(5) | Power to require additional information | CEO |
36 | Police Powers (Controlled Operations) Act 2006 | subsection 9(6) | Duty to make a written record of an urgent application and give a copy to the chief officer as soon as practicable | Member of the staff of the ACC |
37 | Police Powers (Controlled Operations) Act 2006 | subsection 10(1) | Power to authorise or refuse to authorise a controlled operation | CEO |
38 | Police Powers (Controlled Operations) Act 2006 | subsection 10(2) | Duty to be satisfied of certain matters | CEO |
39 | Police Powers (Controlled Operations) Act 2006 | subsection 11(3) | Duty to include certain details in an authority | Member of the staff of the ACC |
40 | Police Powers (Controlled Operations) Act 2006 | subsection 11(5) | Duty to ensure that written notes are kept of certain matters | CEO |
41 | Police Powers (Controlled Operations) Act 2006 | subsections 13(1) and (7) | Power to vary, or to refuse to vary, an authority | CEO |
42 | Police Powers (Controlled Operations) Act 2006 | subsection 13(3) | Power to apply for a variation of an authority | Member of the staff of the ACC |
43 | Police Powers (Controlled Operations) Act 2006 | subsection 13(6) | Power to require additional information | CEO |
44 | Police Powers (Controlled Operations) Act 2006 | subsections 13(8) and (9) | Duty to be satisfied of certain matters | CEO |
45 | Police Powers (Controlled Operations) Act 2006 | subsection 13(11) | Duty to ensure that written notes are kept of certain matters and give a formal variation to the applicant | CEO |
46 | Police Powers (Controlled Operations) Act 2006 | section 14 | Duty to include certain particulars in a formal variation | CEO |
47 | Police Powers (Controlled Operations) Act 2006 | subsection 15(1) | Power to cancel an authority | CEO |
48 | Police Powers (Controlled Operations) Act 2006 | subsection 16(1) | Power to engage in specified controlled conduct | Member of the staff of the ACC |
49 | Police Powers (Controlled Operations) Act 2006 | subsection 24(1) | Duty to report loss of or damage to property | Member of the staff of the ACC |
50 | Police Powers (Controlled Operations) Act 2006 | subsections 24(2) and (3) | Duty to notify owner of loss or damage in certain circumstances | CEO |
51 | Police Powers (Controlled Operations) Act 2006 | section 27 | Duty to report to chief officer on authorised operation | Member of the staff of the ACC |
52 | Police Powers (Controlled Operations) Act 2006 | subsections 28(1), (2), (4) and (5) | Duty to report to Ministers on controlled operations conducted during financial year | CEO |
53 | Police Powers (Controlled Operations) Act 2006 | subsection 28(3) | Duty to furnish additional information to Minister | CEO |
54 | Police Powers (Controlled Operations) Act 2006 | subsection 28(7) | Duty to advise the Minister of information that should be excluded from the report before tabling | CEO |
55 | Police Powers (Controlled Operations) Act 2006 | section 29 | Duty to cause certain documents to be kept | CEO |
56 | Police Powers (Controlled Operations) Act 2006 | section 30 | Duty to cause a general register to be kept and to include certain details in it | CEO |
57 | Police Powers (Controlled Operations) Act 2006 | paragraphs 32(2)(b) and (c) | Duty to allow free access, and give information, to the inspection entity | CEO, or a member of the staff of the ACC |
58 | Police Powers (Controlled Operations) Act 2006 | subsection 32(3) | Duty to ensure that members of staff give the inspection entity reasonable assistance | CEO |
59 | Police Powers (Controlled Operations) Act 2006 | subsection 34(2) | Power to delegate a function under the Act to senior officers | CEO |
60 | Police Powers (Surveillance Devices) Act 2006 | subsection 9(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
61 | Police Powers (Surveillance Devices) Act 2006 | subsection 9(3) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
62 | Police Powers (Surveillance Devices) Act 2006 | subsection 9(4) | Power to make an urgent application for a warrant | Member of the staff of the ACC |
63 | Police Powers (Surveillance Devices) Act 2006 | subsection 9(5) | Duty to give information and send sworn affidavit | Member of the staff of the ACC |
64 | Police Powers (Surveillance Devices) Act 2006 | subsection 10(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
65 | Police Powers (Surveillance Devices) Act 2006 | subsection 10(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
66 | Police Powers (Surveillance Devices) Act 2006 | subsections 13(1) to (4) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
67 | Police Powers (Surveillance Devices) Act 2006 | subsection 13(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
68 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(1) | Power to apply for extension or variation of surveillance device warrant | Member of the staff of the ACC |
69 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(2) | Duty to comply with requirements for making an application under subsection 14(1) | Member of the staff of the ACC |
70 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(3) | Duty to comply with requirements in section 9 for making an application under subsection 14(1) | Member of the staff of the ACC |
71 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(3) | Power to make a remote application under subsection 14(1) in accordance with subsection 10(1) | Member of the staff of the ACC |
72 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(3) | Duty to transmit an affidavit in accordance with subsection 10(2) | Member of the staff of the ACC |
73 | Police Powers (Surveillance Devices) Act 2006 | subsection 15(4) | Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued | CEO |
74 | Police Powers (Surveillance Devices) Act 2006 | subsection 16(2) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
75 | Police Powers (Surveillance Devices) Act 2006 | subsection 16(3) | Duty to ensure that use of a surveillance device under warrant is discontinued if no longer necessary | CEO |
76 | Police Powers (Surveillance Devices) Act 2006 | subsection 17(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
77 | Police Powers (Surveillance Devices) Act 2006 | subsections 17(2) and (3) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
78 | Police Powers (Surveillance Devices) Act 2006 | subsection 17(4) | Power to make an urgent application for a retrieval warrant | Member of the staff of the ACC |
79 | Police Powers (Surveillance Devices) Act 2006 | subsection 17(5) | Duty to provide information and send affidavit | Member of the staff of the ACC |
80 | Police Powers (Surveillance Devices) Act 2006 | subsection 18(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
81 | Police Powers (Surveillance Devices) Act 2006 | subsection 18(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
82 | Police Powers (Surveillance Devices) Act 2006 | section 21 | Power to act in accordance with a retrieval warrant | Member of the staff of the ACC |
83 | Police Powers (Surveillance Devices) Act 2006 | subsection 22(3) | Duty to inform chief officer if grounds for issue of retrieval warrant no longer exist | Member of the staff of the ACC |
84 | Police Powers (Surveillance Devices) Act 2006 | subsection 22(4) | Duty to cause application to be made for revocation of a retrieval warrant if grounds for issue no longer exist | CEO |
85 | Police Powers (Surveillance Devices) Act 2006 | subsections 23(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
86 | Police Powers (Surveillance Devices) Act 2006 | subsection 23(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO |
87 | Police Powers (Surveillance Devices) Act 2006 | subsection 23(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
88 | Police Powers (Surveillance Devices) Act 2006 | subsections 24(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
89 | Police Powers (Surveillance Devices) Act 2006 | subsection 24(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO |
90 | Police Powers (Surveillance Devices) Act 2006 | subsection 24(4) | Power to act in accordance with an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
91 | Police Powers (Surveillance Devices) Act 2006 | subsection 25(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO |
92 | Police Powers (Surveillance Devices) Act 2006 | subsections 25(2) to (4) | Duty to comply with requirements for making an application for approval | CEO |
93 | Police Powers (Surveillance Devices) Act 2006 | subsection 27(5) | Duty to comply with order specifying how information and records must be dealt with | CEO |
94 | Police Powers (Surveillance Devices) Act 2006 | subsections 29(1) to (4) | Duty to report to Supreme Court or magistrate including certain details | Member of the staff of the ACC |
95 | Police Powers (Surveillance Devices) Act 2006 | subsection 29(5) | Duty to comply with order specifying how information and records must be dealt with | Member of the staff of the ACC |
96 | Police Powers (Surveillance Devices) Act 2006 | section 30 | Power to execute a corresponding warrant in the jurisdiction | Member of the staff of the ACC |
97 | Police Powers (Surveillance Devices) Act 2006 | section 31 | Power to execute a corresponding emergency authorisation in the jurisdiction | Member of the staff of the ACC |
98 | Police Powers (Surveillance Devices) Act 2006 | paragraph 34(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
99 | Police Powers (Surveillance Devices) Act 2006 | paragraph 34(1)(b) | Duty to destroy records and reports | CEO |
100 | Police Powers (Surveillance Devices) Act 2006 | section 37 | Duty to keep documents connected with warrants and emergency authorisations | CEO |
101 | Police Powers (Surveillance Devices) Act 2006 | section 38 | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
102 | Police Powers (Surveillance Devices) Act 2006 | section 39 | Duty to cause register of warrants and emergency authorisations, including certain details, to be kept | CEO |
103 | Police Powers (Surveillance Devices) Act 2006 | subsection 41(2) | Duty to give the inspection entity access and information | CEO, or a member of the staff of the ACC |
104 | Police Powers (Surveillance Devices) Act 2006 | subsection 41(3) | Duty to ensure that members of the staff of the ACC assist the inspection entity | CEO |
105 | Police Powers (Surveillance Devices) Act 2006 | subsection 43(1) | Power to issue a written evidentiary certificate | CEO |
106 | Police Powers (Surveillance Devices) Act 2006 | subsections 44(1) to (3) | Duty to submit annual report to Ministers | CEO |
107 | Witness (Identity Protection) Act 2006 | subsection 6(1) | Power to give a witness identity protection certificate | CEO |
108 | Witness (Identity Protection) Act 2006 | subsection 6(2) | Duty to make all reasonable enquiries | CEO |
109 | Witness (Identity Protection) Act 2006 | subsection 7(1) | Duty to state certain information in a witness identity protection certificate | CEO |
110 | Witness (Identity Protection) Act 2006 | subsection 7(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
111 | Witness (Identity Protection) Act 2006 | subsection 13(2) | Duty to cancel a witness identity protection certificate | CEO |
112 | Witness (Identity Protection) Act 2006 | subsection 13(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
113 | Witness (Identity Protection) Act 2006 | subsection 14(2) | Power to permit a person to give information | CEO |
114 | Witness (Identity Protection) Act 2006 | subsection 14(3) | Duty to include certain information in the permission | CEO |
115 | Witness (Identity Protection) Act 2006 | subsections 16(1), (2) and (3) | Duty to submit an annual report to Ministers | CEO |
116 | Witness (Identity Protection) Act 2006 | subsection 24(2) | Power to delegate functions to senior officers | CEO |
117 | Witness Protection Act 2000 | subsection 7(1) and paragraph 11(a) | Power under an authorising court order to cause the Registrar to make an entry in the register of births or register of marriages | Member of the staff of the ACC |
118 | Witness Protection Act 2000 | subsection 9(2) | Power to apply for a court order in relation to making an entry in the register of births or register of marriages | CEO |
119 | Witness Protection Act 2000 | subsection 9(3) | Duty to provide evidence to the court | CEO |
120 | Witness Protection Act 2000 | paragraph 12(2)(b) | Power to apply for a court order for cancellation of an entry in the register of births or register of marriages | CEO |
121 | Witness Protection Act 2000 | subsection 13(2) | Power to disclose the former identity of a witness or a member of the family of a witness | CEO, or a member of the staff of the ACC |
122 | Witness Protection Act 2000 | paragraph 13(4)(a) | Power to authorise a disclosure or communication of information | CEO |
123 | Witness Protection Act 2000 | section 18 | Power to accept evidence and to give a certificate to the Registrar | CEO |
124 | Witness Protection Act 2000 | subsection 24(1) | Power to make arrangements with the Commissioner of Police | CEO |
Part 7—Laws of the Australian Capital Territory
A duty, function or power under a provision of a law of the Australian Capital Territory mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of the Australian Capital Territory | ||||
Item | Law | Provision | Duty, function or power | Person or body |
1 | Crimes (Assumed Identities) Act 2009 | subsection 8(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
2 | Crimes (Assumed Identities) Act 2009 | subsection 8(3) | Power to approve form of application for authority | CEO |
3 | Crimes (Assumed Identities) Act 2009 | subsection 8(4) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
4 | Crimes (Assumed Identities) Act 2009 | subsection 8(5) | Power to require additional information | CEO |
5 | Crimes (Assumed Identities) Act 2009 | subsection 9(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
6 | Crimes (Assumed Identities) Act 2009 | subsection 9(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
7 | Crimes (Assumed Identities) Act 2009 | paragraph 9(3)(a) | Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages | CEO |
8 | Crimes (Assumed Identities) Act 2009 | paragraph 9(3)(b) | Power to grant an authority that authorises a request for evidence of an assumed identity | CEO |
9 | Crimes (Assumed Identities) Act 2009 | paragraph 9(3)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
10 | Crimes (Assumed Identities) Act 2009 | subsection 11(2) | Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian | CEO |
11 | Crimes (Assumed Identities) Act 2009 | paragraph 12(1)(a) | Power to approve the form of an authority | CEO |
12 | Crimes (Assumed Identities) Act 2009 | subsections 12(2) and (3) | Duty to include certain particulars in an authority | CEO |
13 | Crimes (Assumed Identities) Act 2009 | paragraph 14(1)(a) | Power to amend or cancel an authority | CEO |
14 | Crimes (Assumed Identities) Act 2009 | paragraph 14(1)(b) | Duty to cancel an authority | CEO |
15 | Crimes (Assumed Identities) Act 2009 | subsection 14(2) | Duty to give written notice of the amendment or cancellation of an authority | CEO |
16 | Crimes (Assumed Identities) Act 2009 | subsection 14(3) | Duty to give reasons for the amendment or cancellation of an authority | CEO |
17 | Crimes (Assumed Identities) Act 2009 | subsections 15(1) and (2) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
18 | Crimes (Assumed Identities) Act 2009 | subsection 15(3) | Duty to cancel an authority | CEO |
19 | Crimes (Assumed Identities) Act 2009 | subsection 15(4) | Duty to record an opinion that use of assumed identity still necessary, and reasons for the opinion, in writing | CEO |
20 | Crimes (Assumed Identities) Act 2009 | paragraph 16(2)(a) | Power to apply for an order to make an entry in the register under the Births, Deaths and Marriages Registration Act 1997 (ACT) | CEO |
21 | Crimes (Assumed Identities) Act 2009 | subsection 17(2) | Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1997 (ACT) | CEO |
22 | Crimes (Assumed Identities) Act 2009 | subsection 17(3) | Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction | CEO |
23 | Crimes (Assumed Identities) Act 2009 | subsection 18(5) | Duty to return a certificate given by the registrar‑general under subsection 16(5) | CEO |
24 | Crimes (Assumed Identities) Act 2009 | subsection 19(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
25 | Crimes (Assumed Identities) Act 2009 | subsection 22(2) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
26 | Crimes (Assumed Identities) Act 2009 | subsections 26(1) and (2) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
27 | Crimes (Assumed Identities) Act 2009 | subsection 31(2) | Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity | CEO |
28 | Crimes (Assumed Identities) Act 2009 | subsection 38(1) | Duty to submit an annual report to the Minister | CEO |
29 | Crimes (Assumed Identities) Act 2009 | subsection 38(2) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Legislative Assembly | CEO |
30 | Crimes (Assumed Identities) Act 2009 | section 39 | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
31 | Crimes (Assumed Identities) Act 2009 | subsection 40(1) | Duty to arrange for records to be audited | CEO |
32 | Crimes (Assumed Identities) Act 2009 | subsection 40(2) | Duty to appoint auditor | CEO |
33 | Crimes (Assumed Identities) Act 2009 | subsection 41(2) | Duty to allow the Ombudsman to enter ACC premises, give the Ombudsman access to records and give information to the Ombudsman | CEO, or a member of the staff of the ACC |
34 | Crimes (Assumed Identities) Act 2009 | subsection 41(3) | Duty to ensure members of the staff of the ACC give assistance to the Ombudsman | CEO |
35 | Crimes (Assumed Identities) Act 2009 | section 42 | Power to delegate functions to senior officers | CEO |
36 | Crimes (Controlled Operations) Act 2008 | subsection 9(1) | Power to apply for authority to conduct a controlled operation | Member of the staff of the ACC |
37 | Crimes (Controlled Operations) Act 2008 | subsection 9(4) | Duty to provide certain information | Member of the staff of the ACC |
38 | Crimes (Controlled Operations) Act 2008 | subsection 9(5) | Power to require additional information | CEO |
39 | Crimes (Controlled Operations) Act 2008 | subsection 9(6) | Duty to make a written record of an urgent application and give a copy to the chief officer as soon as practicable | Member of the staff of the ACC |
40 | Crimes (Controlled Operations) Act 2008 | subsection 10(1) | Power to authorise or refuse to authorise a controlled operation | CEO |
41 | Crimes (Controlled Operations) Act 2008 | subsection 10(2) | Duty to be satisfied of certain matters | CEO |
42 | Crimes (Controlled Operations) Act 2008 | subsection 11(3) | Duty to include certain details in an authority | Member of the staff of the ACC |
43 | Crimes (Controlled Operations) Act 2008 | subsection 11(5) | Duty to ensure that written notes are kept of certain matters | CEO |
44 | Crimes (Controlled Operations) Act 2008 | subsections 13(1) and (8) | Power to amend, or to refuse to amend, an authority | CEO |
45 | Crimes (Controlled Operations) Act 2008 | subsection 13(3) | Power to apply for an amendment of an authority | Member of the staff of the ACC |
46 | Crimes (Controlled Operations) Act 2008 | subsection 13(6) | Power to require additional information | CEO |
47 | Crimes (Controlled Operations) Act 2008 | subsections 13(9) and (10) | Duty to be satisfied of certain matters | CEO |
48 | Crimes (Controlled Operations) Act 2008 | paragraph 13(11)(b) | Duty to be satisfied of certain matters before granting an urgent amendment of authority | CEO |
49 | Crimes (Controlled Operations) Act 2008 | subsection 13(12) | Duty to ensure that written notes are kept of certain matters and give a formal amendment to the applicant | CEO |
50 | Crimes (Controlled Operations) Act 2008 | subsection 13(13) | Duty to inform participants in a controlled operation about grant of a standard amendment of authority | Member of the staff of the ACC |
51 | Crimes (Controlled Operations) Act 2008 | section 14 | Duty to include certain particulars in a formal amendment | CEO |
52 | Crimes (Controlled Operations) Act 2008 | subsection 15(1) | Power to cancel an authority | CEO |
53 | Crimes (Controlled Operations) Act 2008 | subsection 16(1) | Power to engage in stated controlled conduct | Member of the staff of the ACC |
54 | Crimes (Controlled Operations) Act 2008 | subsection 24(1) | Duty to report loss of or damage to property | Member of the staff of the ACC |
55 | Crimes (Controlled Operations) Act 2008 | subsections 24(2) and (3) | Duty to notify owner of loss or damage in certain circumstances | CEO |
56 | Crimes (Controlled Operations) Act 2008 | section 27 | Duty to report to chief officer on authorised operation | Member of the staff of the ACC |
57 | Crimes (Controlled Operations) Act 2008 | subsections 28(1), (2), (4), (5) and (6) | Duty to report to Ministers on controlled operations conducted during financial year | CEO |
58 | Crimes (Controlled Operations) Act 2008 | subsection 28(3) | Duty to give additional information to Minister | CEO |
59 | Crimes (Controlled Operations) Act 2008 | subsection 28(7) | Duty to advise the Minister of information that should be excluded from the report before tabling | CEO |
60 | Crimes (Controlled Operations) Act 2008 | section 29 | Duty to cause certain documents to be kept | CEO |
61 | Crimes (Controlled Operations) Act 2008 | section 30 | Duty to cause a general register to be kept and to include certain details in it | CEO |
62 | Crimes (Controlled Operations) Act 2008 | subsection 31(2) | Duty to allow the Ombudsman to enter ACC premises, give the Ombudsman full and free access to records and give information to the Ombudsman | CEO, or a member of the staff of the ACC |
63 | Crimes (Controlled Operations) Act 2008 | subsection 31(3) | Duty to ensure that members of staff of the ACC give the Ombudsman reasonable assistance | CEO |
64 | Crimes (Controlled Operations) Act 2008 | subsection 33(2) | Power to delegate a function under the Act to senior officers | CEO |
65 | Crimes (Protection of Witness Identity) Act 2011 | subsection 11(1) | Power to give a witness identity protection certificate | CEO |
66 | Crimes (Protection of Witness Identity) Act 2011 | subsection 12(1) | Duty to state certain information in a witness identity protection certificate | CEO |
67 | Crimes (Protection of Witness Identity) Act 2011 | subsection 12(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
68 | Crimes (Protection of Witness Identity) Act 2011 | subsection 12(3) | Duty to make enquiries for subsection 12(1) | CEO |
69 | Crimes (Protection of Witness Identity) Act 2011 | subsection 15(2) | Duty to cancel a witness identity protection certificate | CEO |
70 | Crimes (Protection of Witness Identity) Act 2011 | subsection 15(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
71 | Crimes (Protection of Witness Identity) Act 2011 | subsection 19(2) | Power to permit a person to give information | CEO |
72 | Crimes (Protection of Witness Identity) Act 2011 | subsection 19(3) | Duty to state certain information in the permission | CEO |
73 | Crimes (Protection of Witness Identity) Act 2011 | subsection 21(1) | Duty to prepare an annual report | CEO |
74 | Crimes (Protection of Witness Identity) Act 2011 | subsection 21(2) | Duty to include certain information in annual report | CEO |
75 | Crimes (Protection of Witness Identity) Act 2011 | subsection 21(3) | Duty not to include certain information in annual report | CEO |
76 | Crimes (Protection of Witness Identity) Act 2011 | subsection 21(4) | Duty give annual report to Minister | CEO |
77 | Crimes (Protection of Witness Identity) Act 2011 | subsection 23(2) | Power to delegate functions to senior officers | CEO |
78 | Crimes (Surveillance Devices) Act 2010 | subsection 11(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
79 | Crimes (Surveillance Devices) Act 2010 | subsection 11(3) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
80 | Crimes (Surveillance Devices) Act 2010 | subsection 11(4) | Power to make an urgent application for a warrant | Member of the staff of the ACC |
81 | Crimes (Surveillance Devices) Act 2010 | subsection 11(5) | Duty to give information and send sworn affidavit | Member of the staff of the ACC |
82 | Crimes (Surveillance Devices) Act 2010 | subsection 12(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
83 | Crimes (Surveillance Devices) Act 2010 | subsection 12(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
84 | Crimes (Surveillance Devices) Act 2010 | subsections 15(1) to (4) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
85 | Crimes (Surveillance Devices) Act 2010 | subsection 15(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
86 | Crimes (Surveillance Devices) Act 2010 | subsection 16(1) | Power to apply for extension or amendment of a surveillance device warrant | Member of the staff of the ACC |
87 | Crimes (Surveillance Devices) Act 2010 | subsection 16(2) | Duty to comply with requirements for making an application under subsection 16(1) | Member of the staff of the ACC |
88 | Crimes (Surveillance Devices) Act 2010 | subsection 16(3) | Duty to comply with requirements in section 11 for making an application under subsection 14(1) | Member of the staff of the ACC |
89 | Crimes (Surveillance Devices) Act 2010 | subsection 16(3) | Power to make a remote application in accordance with subsection 12(1) | Member of the staff of the ACC |
90 | Crimes (Surveillance Devices) Act 2010 | subsection 16(3) | Duty to transmit an affidavit in accordance with subsection 12(2) | Member of the staff of the ACC |
91 | Crimes (Surveillance Devices) Act 2010 | subsection 18(2) | Duty to ensure that use of a surveillance device under warrant is discontinued if no longer necessary | CEO |
92 | Crimes (Surveillance Devices) Act 2010 | subsection 18(3) | Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued | CEO |
93 | Crimes (Surveillance Devices) Act 2010 | subsection 18(4) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
94 | Crimes (Surveillance Devices) Act 2010 | subsection 19(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
95 | Crimes (Surveillance Devices) Act 2010 | subsections 19(2) and (3) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
96 | Crimes (Surveillance Devices) Act 2010 | subsection 19(4) | Power to make an urgent application for a retrieval warrant | Member of the staff of the ACC |
97 | Crimes (Surveillance Devices) Act 2010 | subsection 19(5) | Duty to provide information and send affidavit | Member of the staff of the ACC |
98 | Crimes (Surveillance Devices) Act 2010 | subsection 20(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
99 | Crimes (Surveillance Devices) Act 2010 | subsection 20(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
100 | Crimes (Surveillance Devices) Act 2010 | section 23 | Power to act in accordance with retrieval warrant | Member of the staff of the ACC |
101 | Crimes (Surveillance Devices) Act 2010 | subsection 24(2) | Power to apply for revocation of retrieval warrant | Member of the staff of the ACC |
102 | Crimes (Surveillance Devices) Act 2010 | subsection 24(5) | Duty to ensure an application is made for revocation of a retrieval warrant if grounds for issue no longer exist | CEO |
103 | Crimes (Surveillance Devices) Act 2010 | subsection 24(6) | Duty to inform chief officer if grounds for issue of retrieval warrant no longer exist | Member of the staff of the ACC |
104 | Crimes (Surveillance Devices) Act 2010 | subsections 25(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
105 | Crimes (Surveillance Devices) Act 2010 | subsection 25(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO |
106 | Crimes (Surveillance Devices) Act 2010 | subsection 25(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
107 | Crimes (Surveillance Devices) Act 2010 | subsections 26(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
108 | Crimes (Surveillance Devices) Act 2010 | subsection 26(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO |
109 | Crimes (Surveillance Devices) Act 2010 | subsection 26(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
110 | Crimes (Surveillance Devices) Act 2010 | subsection 27(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO |
111 | Crimes (Surveillance Devices) Act 2010 | subsection 27(2) | Duty to comply with requirements for making an application for approval | CEO |
112 | Crimes (Surveillance Devices) Act 2010 | subsection 27(3) | Duty to give information | CEO |
113 | Crimes (Surveillance Devices) Act 2010 | subsection 29(5) | Duty to comply with order specifying how information and records must be dealt with | CEO |
114 | Crimes (Surveillance Devices) Act 2010 | section 31 | Power to execute a corresponding warrant in the jurisdiction | Member of the staff of the ACC |
115 | Crimes (Surveillance Devices) Act 2010 | section 32 | Power to execute a corresponding emergency authorisation in the jurisdiction | Member of the staff of the ACC |
116 | Crimes (Surveillance Devices) Act 2010 | paragraph 35(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
117 | Crimes (Surveillance Devices) Act 2010 | paragraph 35(1)(b) | Duty to destroy records and reports | CEO |
118 | Crimes (Surveillance Devices) Act 2010 | subsections 38(1), (2) and (3) | Duty to give annual report containing certain information to Minister | CEO |
119 | Crimes (Surveillance Devices) Act 2010 | section 39 | Duty to cause documents connected with warrants and emergency authorisations to be kept | CEO |
120 | Crimes (Surveillance Devices) Act 2010 | section 40 | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
121 | Crimes (Surveillance Devices) Act 2010 | section 41 | Duty to keep register of warrants and emergency authorisations, including certain details | CEO |
122 | Crimes (Surveillance Devices) Act 2010 | paragraph 42(2)(c) | Duty to give the ombudsman information | Member of the staff of the ACC |
123 | Crimes (Surveillance Devices) Act 2010 | subsection 42(3) | Duty to ensure that members of the staff of the agency assist the ombudsman | CEO |
124 | Crimes (Surveillance Devices) Act 2010 | subsection 43(1) | Power to issue a written evidentiary certificate | CEO |
125 | Crimes (Surveillance Devices) Act 2010 | subsection 44(2) | Power to delegate functions under the Act to senior officers | CEO |
126 | 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 a member of the staff of the ACC |
127 | Witness Protection Act 1996 | section 23 | Duty and power in relation to disclosure of information | CEO, or a member of the staff of the ACC |
128 | Witness Protection Act 1996 | section 25 | Power to make arrangements with the chief police officer | CEO |
Part 8—Laws of the Northern Territory
A duty, function or power under a provision of a law of the Northern Territory mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of the Northern Territory | ||||
Item | Law | Provision | Duty, function or power | Person or body |
1 | Police (Special Investigative and Other Powers) Act | subsection 10(1) | Power to apply for authority to conduct a controlled operation | Member of the staff of the ACC |
2 | Police (Special Investigative and Other Powers) Act | subsection 10(4) | Duty to provide certain information | Member of the staff of the ACC |
3 | Police (Special Investigative and Other Powers) Act | subsection 10(5) | Power to require additional information | CEO |
4 | Police (Special Investigative and Other Powers) Act | subsection 10(6) | Duty to make a written record of an urgent application and give a copy to the chief officer as soon as practicable | Member of the staff of the ACC |
5 | Police (Special Investigative and Other Powers) Act | subsection 11(1) | Power to authorise or refuse to authorise a controlled operation | CEO |
6 | Police (Special Investigative and Other Powers) Act | subsection 11(2) | Duty to be satisfied of certain matters | CEO |
7 | Police (Special Investigative and Other Powers) Act | subsection 12(3) | Duty to include certain details in an authority | CEO |
8 | Police (Special Investigative and Other Powers) Act | subsection 12(5) | Duty to ensure that written notes are kept of certain matters | CEO |
9 | Police (Special Investigative and Other Powers) Act | subsections 14(1) and (7) | Power to vary, or to refuse to vary, an authority | CEO |
10 | Police (Special Investigative and Other Powers) Act | subsection 14(3) | Power to apply for a variation of an authority | Member of the staff of the ACC |
11 | Police (Special Investigative and Other Powers) Act | subsection 14(6) | Power to require additional information | CEO |
12 | Police (Special Investigative and Other Powers) Act | subsections 14(8) and (9) | Duty to be satisfied of certain matters | CEO |
13 | Police (Special Investigative and Other Powers) Act | paragraph 14(10)(b) | Duty to be satisfied of certain matters before granting an urgent amendment of authority | CEO |
14 | Police (Special Investigative and Other Powers) Act | subsection 14(11) | Duty to ensure that written notes are kept of certain matters and give a formal variation to the applicant | CEO |
15 | Police (Special Investigative and Other Powers) Act | section 15 | Duty to include certain particulars in a formal variation | CEO |
16 | Police (Special Investigative and Other Powers) Act | subsection 16(1) | Power to cancel an authority | CEO |
17 | Police (Special Investigative and Other Powers) Act | subsection 17(1) | Power to engage in stated controlled conduct | Member of the staff of the ACC |
18 | Police (Special Investigative and Other Powers) Act | subsection 19(2) | Power to apply for retrospective authority | Member of the staff of the ACC |
19 | Police (Special Investigative and Other Powers) Act | subsection 19(3) | Power to require additional information | CEO |
20 | Police (Special Investigative and Other Powers) Act | subsection 19(4) | Power to grant or refuse an application for retrospective authority | CEO |
21 | Police (Special Investigative and Other Powers) Act | subsection 19(5) | Duty to be satisfied of certain matters | CEO |
22 | Police (Special Investigative and Other Powers) Act | subsection 26(1) | Duty to report loss of or damage to property | Member of the staff of the ACC |
23 | Police (Special Investigative and Other Powers) Act | subsections 26(2) and (3) | Duty to notify owner of loss or damage in certain circumstances | CEO |
24 | Police (Special Investigative and Other Powers) Act | subsection 26(4) | Duty to report personal injury | Member of the staff of the ACC |
25 | Police (Special Investigative and Other Powers) Act | section 29 | Duty to report to chief officer on authorised operation | Member of the staff of the ACC |
26 | Police (Special Investigative and Other Powers) Act | subsections 30(1) and (2) | Duty to report to Ombudsman on controlled operations conducted during previous 6 months | CEO |
27 | Police (Special Investigative and Other Powers) Act | subsection 30(3) | Duty to give additional information to Ombudsman | CEO |
28 | Police (Special Investigative and Other Powers) Act | subsection 31(5) | Duty to advise the Minister of information that should be excluded from the Ombudsman’s annual report before tabling | CEO |
29 | Police (Special Investigative and Other Powers) Act | section 32 | Duty to cause certain documents to be kept | CEO |
30 | Police (Special Investigative and Other Powers) Act | section 33 | Duty to cause a general register to be kept and to include certain details in it | CEO |
31 | Police (Special Investigative and Other Powers) Act | subsection 34(2) | Duty to give information to the Ombudsman | Member of the staff of the ACC |
32 | Police (Special Investigative and Other Powers) Act | subsection 34(3) | Duty to ensure that members of staff of the agency give the Ombudsman reasonable assistance | CEO |
33 | Police (Special Investigative and Other Powers) Act | section 35 | Duty to notify the Director of Public Prosecutions if evidence was obtained in an authorised operation | CEO |
34 | Police (Special Investigative and Other Powers) Act | section 36 | Power to sign evidentiary certificate | CEO |
35 | Police (Special Investigative and Other Powers) Act | subsection 40(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
36 | Police (Special Investigative and Other Powers) Act | subsection 40(3) | Duty to include certain particulars in an application for an authority | Member of the staff of the ACC |
37 | Police (Special Investigative and Other Powers) Act | subsection 40(4) | Power to require additional information | CEO |
38 | Police (Special Investigative and Other Powers) Act | subsection 41(1) | Power to grant, or refuse an application for, an authority to acquire or use an assumed identity | CEO |
39 | Police (Special Investigative and Other Powers) Act | subsection 41(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
40 | Police (Special Investigative and Other Powers) Act | subsection 41(3) | Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by a person who is not a law enforcement officer | CEO |
41 | Police (Special Investigative and Other Powers) Act | paragraph 41(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 |
42 | Police (Special Investigative and Other Powers) Act | paragraph 41(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
43 | Police (Special Investigative and Other Powers) Act | paragraph 41(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
44 | Police (Special Investigative and Other Powers) Act | subsections 42(2) and (3) | Duty to include certain particulars in an authority | CEO |
45 | Police (Special Investigative and Other Powers) Act | paragraph 44(1)(a) | Power to vary or cancel an authority | CEO |
46 | Police (Special Investigative and Other Powers) Act | paragraph 44(1)(b) | Duty to cancel an authority | CEO |
47 | Police (Special Investigative and Other Powers) Act | subsection 44(2) | Duty to give written notice of variation or cancellation of an authority | CEO |
48 | Police (Special Investigative and Other Powers) Act | subsection 44(3) | Duty to specify reason for variation or cancellation in notice | CEO |
49 | Police (Special Investigative and Other Powers) Act | subsections 45(1) and (2) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
50 | Police (Special Investigative and Other Powers) Act | subsection 45(4) | Duty to cancel an authority | CEO |
51 | Police (Special Investigative and Other Powers) Act | subsection 45(5) | Duty to record an opinion that use of assumed identity still necessary, and reasons for the opinion, in writing | CEO |
52 | Police (Special Investigative and Other Powers) Act | paragraphs 46(1)(a) and (b) | Power to apply for an order to make an entry in the Register | CEO |
53 | Police (Special Investigative and Other Powers) Act | subsection 47(2) | Duty to apply for an order to cancel an entry made in the Register | CEO |
54 | Police (Special Investigative and Other Powers) Act | subsection 48(2) | 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 |
55 | Police (Special Investigative and Other Powers) Act | subsection 50(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
56 | Police (Special Investigative and Other Powers) Act | subsection 53(1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
57 | Police (Special Investigative and Other Powers) Act | subsection 57(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
58 | Police (Special Investigative and Other Powers) Act | subsection 63(2) | Power to require the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
59 | Police (Special Investigative and Other Powers) Act | subsection 69(1) | Duty to provide an annual report to the Minister including certain information about authorities for assumed identities | CEO |
60 | Police (Special Investigative and Other Powers) Act | subsection 69(2) | Duty to advise the Minister of information in the report that should be excluded before the report is tabled | CEO |
61 | Police (Special Investigative and Other Powers) Act | section 70 | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
62 | Police (Special Investigative and Other Powers) Act | subsection 71(1) | Duty to arrange for records to be audited | CEO |
63 | Police (Special Investigative and Other Powers) Act | subsection 71(2) | Power to appoint auditor | CEO |
64 | Police (Special Investigative and Other Powers) Act | subsection 76(1) | Power to give a witness identity protection certificate | CEO |
65 | Police (Special Investigative and Other Powers) Act | subsection 76(2) | Duty to make all reasonable enquiries | CEO |
66 | Police (Special Investigative and Other Powers) Act | subsection 77(1) | Duty to state certain information in a witness identity protection certificate | CEO |
67 | Police (Special Investigative and Other Powers) Act | subsection 77(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
68 | Police (Special Investigative and Other Powers) Act | subsection 83(2) | Duty to cancel a witness identity protection certificate in certain circumstances | CEO |
69 | Police (Special Investigative and Other Powers) Act | subsection 83(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
70 | Police (Special Investigative and Other Powers) Act | subsection 84(2) | Power to permit a person to give information | CEO |
71 | Police (Special Investigative and Other Powers) Act | subsection 84(3) | Duty to include certain information in the permission | CEO |
72 | Police (Special Investigative and Other Powers) Act | subsection 86(1) | Duty to submit an annual report to the Minister | CEO |
73 | Police (Special Investigative and Other Powers) Act | subsection 86(2) | Duty to include certain information in annual report | CEO |
74 | Police (Special Investigative and Other Powers) Act | subsection 86(3) | Duty not to include certain information in annual report | CEO |
75 | Police (Special Investigative and Other Powers) Act | subsections 95(3), (4) and (6) | Power to delegate functions to senior officers | CEO |
76 | Surveillance Devices Act | subsection 19(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
77 | Surveillance Devices Act | subsections 19(2) and (3) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
78 | Surveillance Devices Act | subsection 19(4) | Power to make an urgent application for a warrant | Member of the staff of the ACC |
79 | Surveillance Devices Act | subsection 19(5) | Duty to give information and send sworn affidavit | Member of the staff of the ACC |
80 | Surveillance Devices Act | subsection 19(6) | Duty to give further information as required | Member of the staff of the ACC |
81 | Surveillance Devices Act | subsection 20(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
82 | Surveillance Devices Act | subsection 20(3) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
83 | Surveillance Devices Act | subsections 23(1) to (4) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
84 | Surveillance Devices Act | subsection 23(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
85 | Surveillance Devices Act | subsection 24(1) | Power to apply for extension or variation of surveillance device warrant | Member of the staff of the ACC |
86 | Surveillance Devices Act | subsections 24(2) and (3) | Duty to comply with requirements for making an application | Member of the staff of the ACC |
87 | Surveillance Devices Act | subsection 26(2) | Duty to ensure that use of a surveillance device under warrant is discontinued, and an application is made for revocation of the warrant, if no longer necessary | CEO |
88 | Surveillance Devices Act | subsection 26(3) | Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued | CEO |
89 | Surveillance Devices Act | subsection 26(4) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
90 | Surveillance Devices Act | subsection 27(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
91 | Surveillance Devices Act | subsections 27(2) and (3) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
92 | Surveillance Devices Act | subsection 27(4) | Power to make an urgent application for a retrieval warrant | Member of the staff of the ACC |
93 | Surveillance Devices Act | subsection 27(5) | Duty to provide information and send affidavit | Member of the staff of the ACC |
94 | Surveillance Devices Act | subsection 28(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
95 | Surveillance Devices Act | subsection 28(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
96 | Surveillance Devices Act | section 31 | Power to act in accordance with a retrieval warrant | Member of the staff of the ACC |
97 | Surveillance Devices Act | paragraph 32(2)(b) | Power to apply for revocation of a retrieval warrant | Member of the staff of the ACC |
98 | Surveillance Devices Act | subsection 32(6) | Duty to ensure an application is made for revocation of a retrieval warrant if grounds for issue no longer exist | CEO |
99 | Surveillance Devices Act | subsection 32(7) | Duty to inform chief officer if grounds for issue of retrieval warrant no longer exist | Member of the staff of the ACC |
100 | Surveillance Devices Act | sections 33 and 34 | 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 |
101 | Surveillance Devices Act | section 35 | Power to give an emergency authorisation for the use of a surveillance device | CEO |
102 | Surveillance Devices Act | subsection 36(1) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
103 | Surveillance Devices Act | subsection 37(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO |
104 | Surveillance Devices Act | subsection 37(2) | Duty to comply with requirements for making an application for approval | CEO |
105 | Surveillance Devices Act | subsection 37(3) | Duty to give information | CEO |
106 | Surveillance Devices Act | subsection 39(5) | Duty to comply with order specifying how information and records must be dealt with | CEO |
107 | Surveillance Devices Act | section 49 | Power to execute a corresponding warrant in the jurisdiction | Member of the staff of the ACC |
108 | Surveillance Devices Act | section 50 | Power to execute a corresponding emergency authorisation in the jurisdiction | Member of the staff of the ACC |
109 | Surveillance Devices Act | paragraph 55(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
110 | Surveillance Devices Act | paragraph 55(1)(b) | Duty to destroy records and reports | CEO |
111 | Surveillance Devices Act | subsections 58(1) to (3) | Duty to report to the Judge who issued a warrant, including certain particulars | Member of the staff of the ACC |
112 | Surveillance Devices Act | subsection 58(4) | Duty to deal with information in accordance with the Judge’s order | Member of the staff of the ACC |
113 | Surveillance Devices Act | subsection 59(1) | Duty to give annual report containing certain information to Minister | CEO |
114 | Surveillance Devices Act | section 60 | Duty to keep documents connected with warrants and emergency authorisations | CEO |
115 | Surveillance Devices Act | section 61 | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
116 | Surveillance Devices Act | section 62 | Duty to keep register of warrants and emergency authorisations, including certain details | CEO |
117 | Surveillance Devices Act | subsection 63(2) | Duty to allow the Ombudsman to enter agency premises, give the Ombudsman full and free access to records and give the Ombudsman information | CEO, or a member of the staff of the ACC |
118 | Surveillance Devices Act | subsection 63(3) | Duty to ensure that members of the staff of the ACC assist the Ombudsman | CEO |
119 | Surveillance Devices Act | subsection 71(1) | Power to issue a written evidentiary certificate | CEO |
120 | 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 |
121 | 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 |
122 | Witness Protection (Northern Territory) Act | subsection 14(3) | Duty to comply with requirements for making an application under subsection 14(2) | CEO |
123 | Witness Protection (Northern Territory) Act | section 18 | Power to give a certificate to the Registrar | CEO |
124 | 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 |
125 | 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 |
126 | Witness Protection (Northern Territory) Act | section 30 | Power to make arrangements with the Commissioner of Police | CEO |
127 | 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 |
128 | Witness Protection (Northern Territory) Act | paragraph 34(2)(a) | Power to authorise a disclosure or communication of information | CEO |
Note: See subsection 14(3).
1 Duties, functions and powers conferred on certain Judges by laws of Victoria
A duty, function or power under a provision of a law of Victoria mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on a Judge of the Federal Court or a Judge of the Federal Circuit Court, as mentioned in the item.
Laws of Victoria | ||||
Item | Law | Provision | Duty, function or power | Federal Court Judge or Federal Circuit Court Judge |
1 | Australian Crime Commission (State Provisions) Regulations 2014 | regulation 6 | Power to give directions in relation to service of summons | Judge of the Federal Court |
2 | Australian Crime Commission (State Provisions) Regulations 2014 | regulation 7 | Duty to use prescribed form for warrant for the apprehension of a person | Judge of the Federal Court |
3 | Australian Crime Commission (State Provisions) Regulations 2014 | regulation 8 | Duty to use prescribed form for search warrant | Judge of the Federal Court, or Judge of the Federal Circuit Court |
Part 2—Laws of Western Australia
2 Duties, functions and powers conferred on certain Judges by laws of Western Australia
A duty, function or power under a provision of a law of Western Australia mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on a Judge of the Federal Court or a Judge of the Federal Circuit Court, as mentioned in the item.
Laws of Western Australia | ||||
Item | Law | Provision | Duty, function or power | Federal Court Judge or Federal Circuit Court Judge |
1 | 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 |
2 | Australian Crime Commission (Western Australia) Regulations 2005 | regulation 4 | Duty to use prescribed form for warrant for the apprehension of a person | Judge of the Federal Court |
3 | Australian Crime Commission (Western Australia) Regulations 2005 | regulation 5 | Duty to use prescribed form for search warrant | Judge of the Federal Court, or Judge of the Federal Circuit Court |
Schedule 7—Disclosure of ACC information to certain international bodies
Note: See section 15.
1 International bodies to which ACC information may be disclosed
The following table sets out international bodies that are prescribed for the purposes of paragraph 59AA(1)(d) of the Act.
Disclosure of ACC information to certain international bodies | |
Item | International body |
1 | European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) |
2 | European Police Office (Europol) |
3 | Financial Action Task Force (FATF) |
4 | The Egmont Group of Financial Intelligence Units |
5 | The International Criminal Police Organization—INTERPOL |
6 | The International Narcotics Control Board |
7 | United Nations Office on Drugs and Crime |
Schedule 8—Disclosure of national policing information to certain bodies
Note: See section 16.
1 Bodies to which national policing information may be disclosed
The following table sets out bodies that are prescribed for the purposes of paragraph 59AA(1B)(g) of the Act.
Disclosure of national policing information to certain bodies | |
Item | Body |
1 | Australian Government Attorney‑General’s Department |
2 | Australian Government Department of Defence |
3 | New Zealand Police |
4 | The Crime and Corruption Commission of Queensland |
5 | The Independent Commission Against Corruption of New South Wales |
6 | The Victorian Institute of Forensic Medicine |
Schedule 9—Disclosure of ACC information to certain bodies corporate and classes of bodies corporate
Note: See section 17.
Part 1—Bodies corporate to which ACC information may be disclosed
1 Bodies corporate to which ACC information may be disclosed
The following table sets out bodies corporate that are prescribed for the purposes of subsection 59AB(1) of the Act.
Bodies corporate to which ACC information may be disclosed | |
Item | Body corporate |
1 | Accounting Professional & Ethical Standards Board Limited (ACN 118 227 259) |
2 | Advanced Share Registry Ltd (ACN 127 175 946) |
3 | Aircraft Owners and Pilots Association of Australia (ACN 004 274 588) |
4 | Air Freight Council of New South Wales Incorporated (NSW Y3046044) |
5 | Akamai Technologies Netherlands B.V. (ACN 115 435 955) |
6 | Alliance of Australian Retailers Pty Ltd (ACN 145 378 589) |
7 | Apple Pty Limited (ACN 002 510 054) |
8 | Association of Mining and Exploration Companies Inc. (WA A0810217E) |
9 | Athletics Australia (ACN 006 447 294) |
10 | Auctioneers and Valuers Association of Australia (Incorporated) (ACN 000 109 544) |
11 | Auscontact Association Limited (ACN 089 791 186) |
12 | Australasian Casino Association Inc (ACT A 02124) |
13 | Australasian Telecommunications Fraud & Risk Association Incorporated (NSW INC9881222) |
14 | Australian Airports Association Limited (ACN 008 647 336) |
15 | Australian Alliance for Data Leadership Ltd (ACN 002 909 800) |
16 | Australian Bankers’ Association Incorporated (NSW INC9884254) |
17 | Australian Catholic University Limited (ACN 050 192 660) |
18 | Australian Constructors Association Limited (ACN 065 806 948) |
19 | Australian Custodial Services Association Limited (ACN 072 659 619) |
20 | Australian Cyber Security Growth Network Limited (ACN 616 231 451) |
21 | Australian Financial Crimes Exchange Ltd (ACN 604 942 618) |
22 | Australian Financial Markets Association Limited (ACN 119 827 904) |
23 | Australian Football League (ACN 004 155 211) |
24 | Australian Information Industry Association Limited (ACN 008 568 036) |
25 | Australian Institute of Conveyancers Incorporated (SA A20917) |
26 | Australian Institute of Superannuation Trustees (ACN 123 284 275) |
27 | Australian Interactive Media Industry Association Incorporated (WA A 1002747C) |
28 | Australian Logistics Council Ltd (ACN 131 860 136) |
29 | Australian Market and Social Research Society Ltd (ACN 002 882 635) |
30 | Australian Medical Association Limited (ACN 008 426 793) |
31 | Australian Mobile Telecommunications Association Limited (ACN 065 814 315) |
32 | Australian Payments Network Limited (ACN 055 136 519) |
33 | Australian Petroleum Production & Exploration Association Limited (ACN 000 292 713) |
34 | Australian Racing Board Limited (ACN 104 986 334) |
35 | Australian Rugby League Commission Limited (ACN 003 107 293) |
36 | Australian Security Industry Association Ltd (ACN 000 813 365) |
37 | Avira Australia Pty Ltd (ACN 614 610 990) |
38 | BA Limited (ACN 072 484 998) |
39 | Beyond Binary Pty Ltd (ACN 146 311 962) |
40 | Blackberry Australia Pty Limited (ACN 101 219 425) |
41 | Boardroom Pty Limited (ACN 003 209 836) |
42 | Bond University Limited (ACN 010 694 121) |
43 | Canberra Greyhound Racing Club Inc (ACT A 00183) |
44 | Canberra Harness Racing Club Inc (ACT A 00139) |
45 | Canberra Racing Club Inc (ACT A 00037) |
46 | Chartered Accountants Australia and New Zealand (ABN 50 084 642 571) |
47 | Chemistry Australia Ltd. (ACN 063 335 615) |
48 | Coalition of Major Professional and Participation Sports Association Inc. (VIC A0056112U) |
49 | Communications Alliance Ltd (ACN 078 026 507) |
50 | Computershare Limited (ACN 005 485 825) |
51 | Confederation of Australian Motor Sport Ltd (ACN 069 045 665) |
52 | Conflict Armament Research Ltd. (Incorporated in England with limited liability: Company number 07762809) |
53 | CPA Australia Ltd (ACN 008 392 452) |
54 | Cricket Australia (ACN 006 089 130) |
55 | Crowdstrike Australia Pty Ltd (ACN 613 865 295) |
56 | Customs Brokers and Forwarders Council of Australia Inc. (ARBN 107 526 385) |
57 | Cycling Australia Ltd (ACN 600 984 576) |
58 | DXC Technology Australia Pty Limited (ACN 008 476 944) |
59 | eBay Australia and New Zealand Pty Limited (ACN 086 288 888) |
60 | Esports Games Association Australia Ltd (ACN 624 508 845) |
61 | Facebook Australia Pty Ltd (ACN 134 012 543) |
62 | Financial Services Council Ltd (ACN 080 744 163) |
63 | Fireeye Australia Pty Ltd (ACN 164 438 251) |
64 | Football Federation Australia Limited (ACN 106 478 068) |
65 | Fortinet International Inc (ACN 107 522 869) |
66 | Fundraising Institute Australia (ACN 088 146 801) |
67 | Golf Australia Limited (ACN 118 151 894) |
68 | Google Australia Pty Ltd (ACN 102 417 032) |
69 | Greyhounds Australasia Limited (ACN 106 879 903) |
70 | Greyhound Racing SA Limited (ACN 094 569 525) |
71 | Harness Racing Australia Inc (ACT A 00324) |
72 | Harness Racing SA Limited (ACN 094 559 930) |
73 | Hockey Australia Limited (ACN 088 988 836) |
74 | Identity Care Australia & New Zealand Ltd. (ACN 164 038 966) |
75 | Institute of Chemistry Australia Pty Ltd (ACN 608 962 063) |
76 | Institute of Public Accountants Limited (ACN 004 130 643) |
77 | Insurance Council of Australia Limited (ACN 005 617 318) |
78 | Ionize Pty Ltd (ACN 132 569 941) |
79 | Link Market Services Limited (ACN 083 214 537) |
80 | Lockheed Martin Australia Pty Limited (ACN 008 425 509) |
81 | Logrhythm Australia Pty Ltd (ACN 159 809 284) |
82 | Macquarie Telecom Pty Limited (ACN 082 930 916) |
83 | Maritime Industry Australia Ltd (ACN 006 627 934) |
84 | Medicines Australia Limited (ACN 126 990 001) |
85 | Microsoft Mobile Australia Pty Ltd (ACN 007 366 949) |
86 | Microsoft Pty Ltd (ACN 002 589 460) |
87 | National Rugby League Limited (ACN 082 088 962) |
88 | NBN Co Limited (ACN 136 533 741) |
89 | Netball Australia Limited (ACN 003 142 818) |
90 | Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council Aboriginal Corporation (ICN 2043) |
91 | Optus Networks Pty Limited (ACN 008 570 330) |
92 | Palo Alto Networks (Australia) Pty Ltd (ACN 160 218 379) |
93 | Penington Institute (ACN 140 206 775) |
94 | Post Office Agents Association Limited (ACN 006 382 314) |
95 | Queensland Transport and Logistics Council Ltd (ACN 135 427 851) |
96 | Racing Australia Pty Ltd (ACN 105 994 330) |
97 | Racing Victoria Limited (ACN 096 917 930) |
98 | Regional Aviation Association of Australia Limited (ACN 008 568 054) |
99 | Rugby Australia Ltd (ACN 002 898 544) |
100 | Rural Doctors Association of Australia (ACN 062 176 863) |
101 | Science Industry Australia Limited (ACN 133 200 692) |
102 | Secureworks Australia Pty. Ltd. (ACN 605 421 583) |
103 | Security Transfer Australia Pty Ltd (ACN 008 894 488) |
104 | Self Storage Association of Australasia Limited (ACN 050 341 725) |
105 | Shipping Australia Limited (ACN 096 012 574) |
106 | SMSF Association Limited (ACN 103 739 617) |
107 | South Australian Freight Council Incorporated (SA A37752) |
108 | Splunk Services Australia Pty. Ltd. (ACN 609 939 817) |
109 | Surfing Australia Limited (ACN 828 043 399) |
110 | Swimming Australia Limited (ACN 109 333 628) |
111 | Symantec (Australia) Pty Ltd (ACN 085 397 100) |
112 | Tabcorp Holdings Limited (ACN 063 780 709) |
113 | Tasmanian Freight Logistics Council Limited (ACN 085 776 441) |
114 | Tasracing Pty. Ltd. (ACN 137 188 286) |
115 | Telstra Corporation Limited (ACN 051 775 556) |
116 | Tennis Australia Limited (ACN 006 281 125) |
117 | Thales Australia Limited (ACN 008 642 751) |
118 | The Association of Market and Social Research Organisations in Australia (AMSRO) Inc. (VIC A0026832C) |
119 | The Association of Superannuation Funds of Australia Limited (ACN 002 786 290) |
120 | The Australian Retailers Association (registered under Chapter 2 of the Fair Work (Registered Organisations) Act 2009) |
121 | The Competitive Carriers’ Coalition (ACT A 04157) |
122 | The Darwin Turf Club Incorporated (NT 00046C) |
123 | The Pharmacy Guild of Australia (registered under Chapter 2 of the Fair Work (Registered Organisations) Act 2009) |
124 | The Real Estate Institute of Australia Limited (ACN 008 652 597) |
125 | The University of Notre Dame Australia (ARBN 116 998 746) |
126 | Thomson Reuters (Australia) Pty Ltd (ACN 058 914 766) |
127 | Thoroughbred Racing S.A. Limited (ACN 094 475 939) |
128 | Trend Micro Australia Pty. Ltd. (ACN 077 055 817) |
129 | Universities Australia (ACN 008 502 930) |
130 | Vodafone Australia Pty Limited (ACN 056 161 043) |
131 | Yahoo!7 Pty Ltd (ACN 089 187 100) |
Part 2—Classes of bodies corporate to which ACC information may be disclosed
2 Classes of bodies corporate to which ACC information may be disclosed
The following table sets out classes of bodies corporate that are prescribed for the purposes of subsection 59AB(1) of the Act.
Classes of bodies corporate to which ACC information may be disclosed | |
Item | Class of bodies corporate |
1 | Bodies corporate that are any of the following, within the meaning of section 4 of the Australian Sports Anti‑Doping Authority Act 2006: (a) a foreign sporting organisation; (b) the International Olympic Committee; (c) an International Sporting Federation; (d) a national sporting organisation |
2 | Bodies corporate that are ADIs within the meaning of subsection 5(1) of the Banking Act 1959 |
3 | Bodies corporate that are either of the following, within the meaning of section 9 of the Aviation Transport Security Act 2004: (a) accredited air cargo agents; (b) aviation industry participants |
4 | Bodies corporate that are maritime industry participants within the meaning of section 10 of the Maritime Transport and Offshore Facilities Security Act 2003 |
5 | Bodies corporate that hold any of the following licences: (a) a depot licence under Part IVA of the Customs Act 1901; (b) a warehouse licence under Part V of the Customs Act 1901; (c) a broker’s licence under Part XI of the Customs Act 1901 |
6 | Bodies corporate that hold a carrier licence under the Telecommunications Act 1997 |
7 | Bodies corporate that are service providers within the meaning of the Telecommunications Act 1997 |
8 | Bodies corporate that are any of the following, within the meaning of Chapter 7 of the Corporations Act 2001: (a) CS facility licensees; (b) financial services licensees; (c) market licensees |
9 | Bodies corporate that operate a Primary Health Network mentioned in item 57 of the table in Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997 |
10 | Bodies corporate that are registered under Part 2 of the Financial Sector (Collection of Data) Act 2001 |
11 | Bodies corporate that meet the following requirements: (a) provide a designated service that is listed in table 1, 2 or 3 in section 6 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; (b) are entered on the Reporting Entities Roll under Part 3A of that Act |
12 | Bodies corporate that are RSE licensees within the meaning of subsection 10(1) of the Superannuation Industry (Supervision) Act 1993 |
13 | Bodies corporate that are general insurers within the meaning of section 11 of the Insurance Act 1973 |
14 | Bodies corporate that hold a licence under the Therapeutic Goods Act 1989 |
15 | Bodies corporate that are wholesalers within the meaning of the document titled “Australian Code of Good Wholesaling Practice for Medicines in Schedules 2, 3, 4 and 8”, as in force on 1 April 2011 |
16 | Bodies corporate that conduct a pharmacy business in accordance with the Health Practitioner Regulation National Law 2009 (NSW) |
17 | Bodies corporate that own a pharmacy business in accordance with the Pharmacy Business Ownership Act 2001 (Qld) |
18 | Bodies corporate that are pharmacy services providers within the meaning of subsection 26(1) of the Health Practitioner Regulation National Law (South Australia) Act 2010 (SA) |
19 | Bodies corporate that hold an interest in a pharmacy business in accordance with the Pharmacy Control Act 2001 (Tas.) |
20 | Bodies corporate that are licensees within the meaning of subsection 3(1) of the Pharmacy Regulation Act 2010 (Vic.) |
21 | Bodies corporate that own, or hold a proprietary interest in, a pharmacy business that is carried on in accordance with the Pharmacy Act 2010 (WA) |
22 | Bodies corporate that are complying pharmacy corporations or former corporate pharmacists within the meaning of subsection 66V(2) of the Public Health Act 1997 (ACT) |
23 | Bodies corporate that: (a) are authorised pharmacy business owners; and (b) conduct pharmacy businesses; within the meaning of Schedule 7 to the Health Practitioners Act (NT) |
24 | Bodies corporate that hold a permit, lease, licence or authority, however described, under: (a) the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (b) any of the following State laws: (i) the Petroleum (Offshore) Act 1982 (NSW); (ii) the Offshore Petroleum and Greenhouse Gas Storage Act 2010 (Vic.); (iii) the Petroleum (Submerged Lands) Act 1982 (Qld); (iv) the Petroleum (Submerged Lands) Act 1982 (WA); (v) the Petroleum (Submerged Lands) Act 1982 (SA); (vi) the Petroleum (Submerged Lands) Act 1982 (Tas.); or (c) any other State law or law of the Northern Territory enacted in accordance with the Offshore Constitutional Settlement mentioned in section 5 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 |
25 | Bodies corporate that meet the following requirements: (a) the body corporate holds a licence, lease, permit or authority, however described, in relation to specified land for any of the following purposes: (i) prospecting; (ii) exploration; (iii) retention of a right; (iv) occupation or use of the land in order to mine or extract minerals, or for a purpose ancillary to mining or extraction of minerals; (b) the body corporate holds the licence, lease, permit or authority mentioned in paragraph (a) under any of the following State and Territory laws: (i) the Mining Act 1992 (NSW); (ii) the Mineral Resources (Sustainable Development) Act 1990 (Vic.); (iii) the Mineral Resources Act 1989 (Qld); (iv) the Mining Act 1978 (WA); (v) the Mining Act 1971 (SA); (vi) the Planning and Development Act 2007 (ACT); (vii) the Mineral Titles Act 2010 (NT) |
26 | Bodies corporate that hold a master licence under: (a) the Security Industry Act 1997 (NSW); or (b) the Security Industry Act 2003 (ACT) |
27 | Bodies corporate that hold a security firm licence under: (a) the Security Providers Act 1993 (Qld); or (b) the Private Security Act (NT) |
28 | Bodies corporate that hold a licence under Part 2 of the Security and Investigation Industry Act 1995 (SA) |
29 | Bodies corporate that hold a private security business licence under the Private Security Act 2004 (Vic.) |
30 | Bodies corporate that hold an agents licence under the Security and Investigations Agents Act 2002 (Tas.) |
31 | Bodies corporate that are licensed as security agents under the Security and Related Activities (Control) Act 1996 (WA) |
32 | Bodies corporate that, in accordance with a contract between the body corporate and Australia Post: (a) are community postal agents; or (b) operate a licensed post office or a franchised post office |
33 | Bodies corporate that hold a Registry account within the meaning of section 4 of the Australian National Registry of Emissions Units Act 2011 |
34 | Bodies corporate that are registered training organisations within the meaning of section 3 of the National Vocational Education and Training Regulator Act 2011 |
35 | Bodies corporate that are registered higher education providers within the meaning of section 5 of the Tertiary Education Quality and Standards Agency Act 2011 |
36 | Bodies corporate that are registered entities within the meaning of section 300‑5 of the Australian Charities and Not‑for‑profits Commission Act 2012 |
37 | Bodies corporate that are members of Chemistry Australia Ltd (ACN 063 335 615) |
38 | Bodies corporate that are members of Science Industry Australia Limited (ACN 133 200 692) |