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Australian Crime Commission Amendment Regulations 2006 (No. 1)
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Australian Crime Commission Amendment Regulations 2006 (No. 1)1
Select Legislative Instrument 2006 No. 43
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Crime Commission Act 2002.
Dated 2 March 2006
P. M. JEFFERY
Governor-General
By His Excellency’s Command
CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs
1 Name of Regulations
These Regulations are the Australian Crime Commission Amendment Regulations 2006 (No. 1).
2 Commencement
(1) These Regulations commence as follows:
(a) on the day after they are registered — regulations 1 to 3 and Schedule 1;
(b) on a day fixed by legislative instrument made by the Minister — Schedule 2;
(c) on a day fixed by legislative instrument made by the Minister — Schedule 3;
(d) on a day fixed by legislative instrument made by the Minister — Schedule 4;
(e) on a day fixed by legislative instrument made by the Minister — Schedule 5.
(2) A legislative instrument made under paragraph (1) (b), (c), (d) or (e) is prescribed for the purposes of the table in subsection 44 (2) of the Legislative Instruments Act 2003 (so that the instrument is not subject to the disallowance provisions of that Act).
(3) A legislative instrument made under paragraph (1) (b), (c), (d) or (e) is prescribed for the purposes of the table in subsection 54 (2) of the Legislative Instruments Act 2003 (so that the instrument is not subject to the sunsetting provisions of that Act).
3 Amendment of Australian Crime Commission Regulations 2002
Schedules 1 to 5 amend the Australian Crime Commission Regulations 2002.
Schedule 1 Amendments commencing on day after registration
(regulation 3)
[1] Schedule 3, Part 2, items 201 to 203
omit
[2] Schedule 4, after Part 1
insert
Part 2 Laws of Victoria
| Item | Law | Provision | Duty, function or power |
|---|---|---|---|
Schedule 2 Amendments commencing on day fixed by legislative instrument made under paragraph 2 (1) (b)
(regulation 3)
[1] Schedule 3, Part 2
insert in correct numerical position
| 2001 | Crimes (Assumed Identities) Act 2004 | subsection 4 (1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
|---|---|---|---|---|
| 2002 | Crimes (Assumed Identities) Act 2004 | paragraph 4 (3) (a) | Power to approve form of application for authority | CEO |
| 2003 | Crimes (Assumed Identities) Act 2004 | subsection 4 (3) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
| 2004 | Crimes (Assumed Identities) Act 2004 | subsection 4 (4) | Power to require additional information | CEO |
| 2005 | Crimes (Assumed Identities) Act 2004 | subsection 5 (1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
| 2006 | Crimes (Assumed Identities) Act 2004 | subsection 5 (2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
| 2007 | Crimes (Assumed Identities) Act 2004 | subsection 5 (3) | Duty to appoint a member of the staff of the ACC to supervise the acquisition or use of an assumed identity by an authorised civilian | CEO |
| 2008 | Crimes (Assumed Identities) Act 2004 | paragraph 5 (5) (a) | Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages | CEO |
| 2009 | Crimes (Assumed Identities) Act 2004 | paragraph 5 (5) (b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
| 2010 | Crimes (Assumed Identities) Act 2004 | paragraph 5 (5) (c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
| 2011 | Crimes (Assumed Identities) Act 2004 | paragraph 6 (1) (a) | Power to approve the form of an authority | CEO |
| 2012 | Crimes (Assumed Identities) Act 2004 | subsections6 (2) and (3) | Duty to include certain particulars in an authority | CEO |
| 2013 | Crimes (Assumed Identities) Act 2004 | paragraph 8 (1) (a) | Power to vary or cancel an authority | CEO |
| 2014 | Crimes (Assumed Identities) Act 2004 | paragraph 8 (1) (b) | Duty to cancel an authority | CEO |
| 2015 | Crimes (Assumed Identities) Act 2004 | subsection 8 (2) | Duty to give written notice of the variation or cancellation of an authority | CEO |
| 2016 | Crimes (Assumed Identities) Act 2004 | subsection 8 (3) | Duty to give reasons for the variation or cancellation of an authority | CEO |
| 2017 | Crimes (Assumed Identities) Act 2004 | subsections 9 (1), (2) and (3) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
| 2018 | Crimes (Assumed Identities) Act 2004 | subsection 9 (4) | Duty to cancel an authority | CEO |
| 2019 | Crimes (Assumed Identities) Act 2004 | subsection 9 (5) | Duty to record opinion and reasons for it, in writing | CEO |
| 2020 | Crimes (Assumed Identities) Act 2004 | paragraph 10 (2) (a) | Power to apply for an order to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic) | CEO |
| 2021 | Crimes (Assumed Identities) Act 2004 | subsection 11 (2) | Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic) | CEO |
| 2022 | Crimes (Assumed Identities) Act 2004 | subsection 11 (3) | Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction | CEO |
| 2023 | Crimes (Assumed Identities) Act 2004 | subsection 13 (2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
| 2024 | Crimes (Assumed Identities) Act 2004 | subsection 16 (1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
| 2025 | Crimes (Assumed Identities) Act 2004 | subsection 19 (1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
| 2026 | Crimes (Assumed Identities) Act 2004 | subsection 24 (2) | Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity | CEO |
| 2027 | Crimes (Assumed Identities) Act 2004 | subsection 31 (1) | Duty to submit a report to the Minister | CEO |
| 2028 | Crimes (Assumed Identities) Act 2004 | subsection 31 (2) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament | CEO |
| 2029 | Crimes (Assumed Identities) Act 2004 | subsection 32 (1) | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
| 2030 | Crimes (Assumed Identities) Act 2004 | subsection 33 (1) | Duty to arrange for records to be audited | CEO |
| 2031 | Crimes (Assumed Identities) Act 2004 | subsection 33 (2) | Power to appoint auditor | CEO |
| 2032 | Crimes (Assumed Identities) Act 2004 | section 34 | Power to delegate functions to senior officers | CEO |
[2] Schedule 4, Part 2
insert in correct numerical position
| 201 | Crimes (Assumed Identities) Act 2004 | subsection 18 (2) | Duty to indemnify an issuing agency, or an officer of an issuing agency, in certain circumstances |
|---|---|---|---|
| 202 | Crimes (Assumed Identities) Act 2004 | subsection 21 (2) | Duty to indemnify an authorised person in certain circumstances |
| 203 | Crimes (Assumed Identities) Act 2004 | subsection 27 (2) | Duty to indemnify an issuing agency of a participating jurisdiction, or an officer of such an issuing agency, in certain circumstances |
Schedule 3 Amendments commencing on day fixed by legislative instrument made under paragraph 2 (1) (c)
(regulation 3)
[1] Schedule 3, Part 2
insert in correct numerical position
| 2033 | Crimes (Controlled Operations) Act 2004 | subsections 12 (1) and (2) | Power to apply, by means of a formal application or an urgent application, for authority to conduct a controlled operation | Member of the staff of the ACC |
|---|---|---|---|---|
| 2034 | Crimes (Controlled Operations) Act 2004 | subsection 12 (4) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
| 2035 | Crimes (Controlled Operations) Act 2004 | subsection 12 (5) | Power to require additional information | CEO |
| 2036 | Crimes (Controlled Operations) Act 2004 | subsection 12 (6) | Duty to make a written record of an urgent application and give a copy of the record to the chief officer | Member of the staff of the ACC |
| 2037 | Crimes (Controlled Operations) Act 2004 | section 13 | Power to authorise a controlled operation by granting an authority or refuse an application for an authority | CEO |
| 2038 | Crimes (Controlled Operations) Act 2004 | section 14 | Duty not to grant an authority to conduct a controlled operation unless satisfied of certain matters | CEO |
| 2039 | Crimes (Controlled Operations) Act 2004 | section 15 | Duty not to grant an authority to conduct across-border controlled operation unless satisfied of certain matters | CEO |
| 2040 | Crimes (Controlled Operations) Act 2004 | section 16 | Duty not to grant an authority to conduct a local major controlled operation unless satisfied of certain matters | CEO |
| 2041 | Crimes (Controlled Operations) Act 2004 | section 17 | Duty not to grant an authority to conduct a local minor controlled operation unless satisfied of certain matters | CEO |
| 2042 | Crimes (Controlled Operations) Act 2004 | subsection 18 (1) | Power to grant an authority by means of a formal authority or an urgent authority | CEO |
| 2043 | Crimes (Controlled Operations) Act 2004 | subsection 18 (3) | Duty to include certain particulars in an authority | CEO |
| 2044 | Crimes (Controlled Operations) Act 2004 | subsection 18 (5) | Duty to ensure written notes are kept of particulars for an urgent authority | CEO |
| 2045 | Crimes (Controlled Operations) Act 2004 | subsection 20 (1) | Power to vary an authority | CEO |
| 2046 | Crimes (Controlled Operations) Act 2004 | subsections 21 (1) and (3) | Power to apply, by means of a formal variation application or an urgent variation application, for a variation of an authority | Member of the staff of the ACC |
| 2047 | Crimes (Controlled Operations) Act 2004 | subsection 21 (4) | Power to require additional information | CEO |
| 2048 | Crimes (Controlled Operations) Act 2004 | subsection 22 (1) | Power to vary an authority or refuse an application for variation | CEO |
| 2049 | Crimes (Controlled Operations) Act 2004 | subsection 22 (2) | Duty not to vary an authority unless satisfied of the matters in sections 14, 15, 16 and 17 (as applicable) | CEO |
| 2050 | Crimes (Controlled Operations) Act 2004 | subsection 23 (1) | Power to vary an authority by means of a formal variation of authority or an urgent variation of authority | CEO |
| 2051 | Crimes (Controlled Operations) Act 2004 | paragraph 23 (2) (a) | Duty to ensure that written notes are kept of certain matters | CEO |
| 2052 | Crimes (Controlled Operations) Act 2004 | paragraph 23 (2) (b) | Duty to give the applicant a written document | CEO |
| 2053 | Crimes (Controlled Operations) Act 2004 | section 24 | Duty to include certain particulars in a variation of authority | CEO |
| 2054 | Crimes (Controlled Operations) Act 2004 | subsection 25 (1) | Power to cancel an authority | CEO |
| 2055 | Crimes (Controlled Operations) Act 2004 | subsection 25 (2) | Power to request cancellation of an authority | Member of the staff of the ACC |
| 2056 | Crimes (Controlled Operations) Act 2004 | section 26 | Power to engage in the controlled conduct specified in an authority | Member of the staff of the ACC |
| 2057 | Crimes (Controlled Operations) Act 2004 | subsection 34 (1) | Duty to report any loss of or serious damage to property that occurs in the course of or as a direct result of an authorised operation to chief officer | Member of the staff of the ACC |
| 2058 | Crimes (Controlled Operations) Act 2004 | subsection 34 (2) | Duty to take all reasonable steps to notify the owner of the property of the loss or damage | CEO |
| 2059 | Crimes (Controlled Operations) Act 2004 | subsection 34 (4) | Duty to report any personal injury that occurs in the course of or as a direct result of an authorised operation to chief officer | Member of the staff of the ACC |
| 2060 | Crimes (Controlled Operations) Act 2004 | section 37 | Duty to make a report, including certain details, to chief officer after completion of an authorised operation | Member of the staff of the ACC |
| 2061 | Crimes (Controlled Operations) Act 2004 | subsections 38 (1), (2), (3) and (5) | Duty to report to Ombudsman in relation to authorised operations | CEO |
| 2062 | Crimes (Controlled Operations) Act 2004 | subsection 38 (4) | Duty to provide additional information in relation to an authorised operation | CEO |
| 2063 | Crimes (Controlled Operations) Act 2004 | subsection 39 (3) | Duty to advise the Ombudsman of information that should be excluded from the report before the report is laid before Parliament | CEO |
| 2064 | Crimes (Controlled Operations) Act 2004 | section 40 | Duty to cause certain records connected with authorised operations to be kept | CEO |
| 2065 | Crimes (Controlled Operations) Act 2004 | subsection 41 (1) | Duty to cause a general register to be kept, specifying certain details | CEO |
| 2066 | Crimes (Controlled Operations) Act 2004 | subsection 42 (3) | Duty to ensure that members of staff of ACC assist Ombudsman | CEO |
| 2067 | Crimes (Controlled Operations) Act 2004 | subsection 45 (1) | Power to delegate functions | CEO |
[2] Schedule 4, Part 2
insert in correct numerical position
| 204 | Crimes (Controlled Operations) Act 2004 | subsection 29 (2) | Duty to indemnify a participant in an authorised operation against civil liability incurred by the participant in certain circumstances |
|---|
Schedule 4 Amendments commencing on day fixed by legislative instrument made under paragraph 2 (1) (d)
(regulation 3)
[1] Schedule 3, Part 2, items 220 to 226
omit
[2] Schedule 3, Part 2
insert in correct numerical position
| 2068 | Evidence Act 1958 | subsection 42BB (1) | Power to give a witness identity protection certificate | CEO |
|---|---|---|---|---|
| 2069 | Evidence Act 1958 | subsection 42BB (2) | Duty to make all reasonable enquiries | CEO |
| 2070 | Evidence Act 1958 | subsection 42BB (3) | Duty not to give a witness identity protection certificate until a statutory declaration is obtained | CEO |
| 2071 | Evidence Act 1958 | subsection 42BC (1) | Duty to make a statutory declaration | Member of the staff of the ACC |
| 2072 | Evidence Act 1958 | subsection 42BD (1) | Duty to state certain information in a witness identity protection certificate | CEO |
| 2073 | Evidence Act 1958 | subsection 42BD (2) | Duty not to state certain information in a witness identity protection certificate | CEO |
| 2074 | Evidence Act 1958 | subsection 42BF (2) | Duty to cancel a witness identity protection certificate | CEO |
| 2075 | Evidence Act 1958 | subsection 42BF (3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
| 2076 | Evidence Act 1958 | subsections 42BG (2) and (3) | Power to permit a person to give information | CEO |
| 2077 | Evidence Act 1958 | subsections 42BI (1), (2) and (3) | Duty to submit a report to the Minister | CEO |
| 2078 | Evidence Act 1958 | subsection 42BJ (2) | Power to delegate functions | CEO |
| 2122 | Witness Protection Act 1991 | subsection 4 (1) | Power to make a new entry in the register of births or register of marriages | Member of the staff of the ACC |
| 2123 | Witness Protection Act 1991 | subsection 6 (1A) | Power to apply for an order for authorisation | CEO |
| 2124 | Witness Protection Act 1991 | subsection 6 (2) | Duty to provide evidence | CEO |
| 2125 | Witness Protection Act 1991 | subsection 10 (2) | Power to disclose former identity | CEO, or member of the staff of the ACC |
| 2126 | Witness Protection Act 1991 | section 15 | Power to give a certificate | CEO |
| 2127 | Witness Protection Act 1991 | subsection 21 (1) | Power to make arrangements with the Chief Commissioner of Police | CEO |
Schedule 5 Amendments commencing on day fixed by legislative instrument made under paragraph 2 (1) (e)
(regulation 3)
[1] Schedule 3, Part 2, items 204 to 219
omit
[2] Schedule 3, Part 2
insert in correct numerical position
| 2079 | Surveillance Devices Act 1999 | subsection 15 (1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
|---|---|---|---|---|
| 2080 | Surveillance Devices Act 1999 | paragraph 15 (2) (a) | Power to approve the making of an application for a surveillance device warrant | CEO, or a member of the staff of the ACC who is a senior officer |
| 2081 | Surveillance Devices Act 1999 | subsections 15 (2), (3), (4), (5) and (6) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
| 2082 | Surveillance Devices Act 1999 | subsection 16 (1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
| 2083 | Surveillance Devices Act 1999 | subsection 16 (2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
| 2084 | Surveillance Devices Act 1999 | subsections 19 (1), (2), (3), (4), (6), (7) and (8) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
| 2085 | Surveillance Devices Act 1999 | subsection 19 (5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
| 2086 | Surveillance Devices Act 1999 | subsection 20 (1) | Power to apply for extension or variation of surveillance device warrant | Member of the staff of the ACC |
| 2087 | Surveillance Devices Act 1999 | subsection 20 (2) | Duty to comply with requirements for making an application under subsection 20 (1) | Member of the staff of the ACC |
| 2088 | Surveillance Devices Act 1999 | subsection 20 (3) | Duty to comply with requirements in section 15 for making an application under subsection 20 (1) | Member of the staff of the ACC |
| 2089 | Surveillance Devices Act 1999 | subsection 20 (3) | Power to make a remote application under subsection 20 (1) in accordance with subsection 16 (1) | Member of the staff of the ACC |
| 2090 | Surveillance Devices Act 1999 | subsection 20 (3) | Duty to transmit an affidavit in accordance with subsection 16 (2) | Member of the staff of the ACC |
| 2091 | Surveillance Devices Act 1999 | subsection 20A (2) | Duty to revoke a surveillance device warrant | CEO |
| 2092 | Surveillance Devices Act 1999 | subsection 20B (2) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued and the warrant is revoked | CEO |
| 2093 | Surveillance Devices Act 1999 | subsection 20B (3) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued | CEO |
| 2094 | Surveillance Devices Act 1999 | subsection 20B (4) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
| 2095 | Surveillance Devices Act 1999 | subsection 20C (1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
| 2096 | Surveillance Devices Act 1999 | paragraph 20C (2) (a) | Power to approve the making of an application for a retrieval warrant | CEO, or a member of the staff of the ACC who is a senior officer |
| 2097 | Surveillance Devices Act 1999 | subsections 20C (2), (3), (4), (5) and (6) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
| 2098 | Surveillance Devices Act 1999 | subsection 20D (1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
| 2099 | Surveillance Devices Act 1999 | subsection 20D (2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
| 2100 | Surveillance Devices Act 1999 | section 20G | Power to act in accordance with retrieval warrant | Member of the staff of the ACC |
| 2101 | Surveillance Devices Act 1999 | subsection 20H (3) | Duty to revoke a retrieval warrant | CEO |
| 2102 | Surveillance Devices Act 1999 | subsection 20H (4) | Duty to inform chief officer if the grounds for issue of a retrieval warrant no longer exist | Member of the staff of the ACC |
| 2103 | Surveillance Devices Act 1999 | subsection 21 (1) | Power to apply for an order directing a person to assist in the execution of a warrant | Member of the staff of the ACC |
| 2104 | Surveillance Devices Act 1999 | subsection 21 (2) | Duty to comply with requirements for making an application | Member of the staff of the ACC |
| 2105 | Surveillance Devices Act 1999 | subsections 26 (1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
| 2106 | Surveillance Devices Act 1999 | subsection 26 (3) | Power to give an emergency authorisation for the use of a surveillance device | CEO, or a member of the staff of the ACC who is a senior officer |
| 2107 | Surveillance Devices Act 1999 | subsection 26 (4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
| 2108 | Surveillance Devices Act 1999 | subsections 27 (1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
| 2109 | Surveillance Devices Act 1999 | subsection 27 (3) | Power to give an emergency authorisation for the use of a surveillance device | CEO, or a member of the staff of the ACC who is a senior officer |
| 2110 | Surveillance Devices Act 1999 | subsection 27 (4) | Power to act in accordance with an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
| 2111 | Surveillance Devices Act 1999 | subsection 28 (1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO, or a member of the staff of the ACC who is a senior officer |
| 2112 | Surveillance Devices Act 1999 | subsection 28 (2) | Duty to comply with requirements for making an application for approval | CEO, or a member of the staff of the ACC who is a senior officer |
| 2113 | Surveillance Devices Act 1999 | paragraph 30H (1) (a) | Duty to ensure that records and reports are kept securely | CEO |
| 2114 | Surveillance Devices Act 1999 | paragraph 30H (1) (b) | Duty to destroy records and reports | CEO |
| 2115 | Surveillance Devices Act 1999 | section 30K | Duty to report to judge or magistrate including certain details | Member of the staff of the ACC |
| 2116 | Surveillance Devices Act 1999 | subsections 30L (1), (2) and (3) | Duty to submit annual report to the Minister | CEO |
| 2117 | Surveillance Devices Act 1999 | section 30M | Duty to keep documents connected with warrants and emergency authorisations | CEO |
| 2118 | Surveillance Devices Act 1999 | section 30N | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
| 2119 | Surveillance Devices Act 1999 | section 30O | Duty to cause register of warrants and emergency authorisations, including certain details, to be kept | CEO |
| 2120 | Surveillance Devices Act 1999 | subsection 30P (3) | Duty to ensure that members of the staff of the ACC assist the Ombudsman | CEO |
| 2121 | Surveillance Devices Act 1999 | subsection 36 (1) | Power to issue a written evidentiary certificate | CEO or a member of the staff of the ACC who is a senior officer |
Note
Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.