Part 2Laws of Victoria

## Part 2—Laws of Victoria | Item | Law | Provision | Duty, function or power | Person or body | | ---- | ------------------------------------ | -------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------- | | 2001 | Crimes (Assumed Identities) Act 2004 | subsection 4(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC | | 2002 | Crimes (Assumed Identities) Act 2004 | paragraph 4(3)(a) | Power to approve form of application for authority | CEO | | 2003 | Crimes (Assumed Identities) Act 2004 | subsection 4(3) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC | | 2004 | Crimes (Assumed Identities) Act 2004 | subsection 4(4) | Power to require additional information | CEO | | 2005 | Crimes (Assumed Identities) Act 2004 | subsection 5(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO | | 2006 | Crimes (Assumed Identities) Act 2004 | subsection 5(2) | Duty not to grant an authority unless satisfied of certain matters | CEO | | 2007 | Crimes (Assumed Identities) Act 2004 | subsection 5(3) | Duty to appoint a member of the staff of the ACC to supervise the acquisition or use of an assumed identity by an authorised civilian | CEO | | 2008 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(a) | Power to grant an authority that authorises an application for an order for an entry in a register of births, deaths or marriages | CEO | | 2009 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO | | 2010 | Crimes (Assumed Identities) Act 2004 | paragraph 5(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO | | 2011 | Crimes (Assumed Identities) Act 2004 | paragraph 6(1)(a) | Power to approve the form of an authority | CEO | | 2012 | Crimes (Assumed Identities) Act 2004 | subsections 6(2) and (3) | Duty to include certain particulars in an authority | CEO | | 2013 | Crimes (Assumed Identities) Act 2004 | paragraph 8(1)(a) | Power to vary or cancel an authority | CEO | | 2014 | Crimes (Assumed Identities) Act 2004 | paragraph 8(1)(b) | Duty to cancel an authority | CEO | | 2015 | Crimes (Assumed Identities) Act 2004 | subsection 8(2) | Duty to give written notice of the variation or cancellation of an authority | CEO | | 2016 | Crimes (Assumed Identities) Act 2004 | subsection 8(3) | Duty to give reasons for the variation or cancellation of an authority | CEO | | 2017 | Crimes (Assumed Identities) Act 2004 | subsections 9(1), (2) and (3) | Duty to review each authority granted under the Act at least once every 12 months | CEO | | 2018 | Crimes (Assumed Identities) Act 2004 | subsection 9(4) | Duty to cancel an authority | CEO | | 2019 | Crimes (Assumed Identities) Act 2004 | subsection 9(5) | Duty to record opinion and reasons for it, in writing | CEO | | 2020 | Crimes (Assumed Identities) Act 2004 | paragraph 10(2)(a) | Power to apply for an order to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic) | CEO | | 2021 | Crimes (Assumed Identities) Act 2004 | subsection 11(2) | Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1996 (Vic) | CEO | | 2022 | Crimes (Assumed Identities) Act 2004 | subsection 11(3) | Duty to apply for an order under the corresponding law of a participating jurisdiction to cancel an entry in a register of births, deaths or marriages in that jurisdiction | CEO | | 2023 | Crimes (Assumed Identities) Act 2004 | subsection 13(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO | | 2024 | Crimes (Assumed Identities) Act 2004 | subsection 16(1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO | | 2025 | Crimes (Assumed Identities) Act 2004 | subsection 19(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC | | 2026 | Crimes (Assumed Identities) Act 2004 | subsection 24(2) | Power to request the chief officer of an issuing agency of a participating jurisdiction to produce and give evidence of an assumed identity | CEO | | 2027 | Crimes (Assumed Identities) Act 2004 | subsection 31(1) | Duty to submit a report to the Minister | CEO | | 2028 | Crimes (Assumed Identities) Act 2004 | subsection 31(2) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament | CEO | | 2029 | Crimes (Assumed Identities) Act 2004 | subsection 32(1) | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO | | 2030 | Crimes (Assumed Identities) Act 2004 | subsection 33(1) | Duty to arrange for records to be audited | CEO | | 2031 | Crimes (Assumed Identities) Act 2004 | subsection 33(2) | Power to appoint auditor | CEO | | 2032 | Crimes (Assumed Identities) Act 2004 | section 34 | Power to delegate functions to senior officers | CEO | | 2068 | Evidence Act 1958 | subsection 42BB(1) | Power to give a witness identity protection certificate | CEO | | 2069 | Evidence Act 1958 | subsection 42BB(2) | Duty to make all reasonable enquiries | CEO | | 2070 | Evidence Act 1958 | subsection 42BB(3) | Duty not to give a witness identity protection certificate until a statutory declaration is obtained | CEO | | 2071 | Evidence Act 1958 | subsection 42BC(1) | Duty to make a statutory declaration | Member of the staff of the ACC | | 2072 | Evidence Act 1958 | subsection 42BD(1) | Duty to state certain information in a witness identity protection certificate | CEO | | 2073 | Evidence Act 1958 | subsection 42BD(2) | Duty not to state certain information in a witness identity protection certificate | CEO | | 2074 | Evidence Act 1958 | subsection 42BF(2) | Duty to cancel a witness identity protection certificate | CEO | | 2075 | Evidence Act 1958 | subsection 42BF(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO | | 2076 | Evidence Act 1958 | subsections 42BG(2) and (3) | Power to permit a person to give information | CEO | | 2077 | Evidence Act 1958 | subsections 42BI(1), (2) and (3) | Duty to submit a report to the Minister | CEO | | 2078 | Evidence Act 1958 | subsection 42BJ(2) | Power to delegate functions | CEO | | 2079 | Surveillance Devices Act 1999 | subsection 15(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC | | 2080 | Surveillance Devices Act 1999 | paragraph 15(2)(a) | Power to approve the making of an application for a surveillance device warrant | CEO, or a member of the staff of the ACC | | 2081 | Surveillance Devices Act 1999 | subsections 15(2), (3), (4), (5) and (6) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC | | 2082 | Surveillance Devices Act 1999 | subsection 16(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC | | 2083 | Surveillance Devices Act 1999 | subsection 16(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC | | 2084 | Surveillance Devices Act 1999 | subsections 19(1), (2), (3), (4), (6), (7) and (8) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC | | 2085 | Surveillance Devices Act 1999 | subsection 19(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC | | 2086 | Surveillance Devices Act 1999 | subsection 20(1) | Power to apply for extension or variation of surveillance device warrant | Member of the staff of the ACC | | 2087 | Surveillance Devices Act 1999 | subsection 20(2) | Duty to comply with requirements for making an application under subsection 20(1) | Member of the staff of the ACC | | 2088 | Surveillance Devices Act 1999 | subsection 20(3) | Duty to comply with requirements in section 15 for making an application under subsection 20(1) | Member of the staff of the ACC | | 2089 | Surveillance Devices Act 1999 | subsection 20(3) | Power to make a remote application under subsection 20(1) in accordance with subsection 16(1) | Member of the staff of the ACC | | 2090 | Surveillance Devices Act 1999 | subsection 20(3) | Duty to transmit an affidavit in accordance with subsection 16(2) | Member of the staff of the ACC | | 2091 | Surveillance Devices Act 1999 | subsection 20A(2) | Duty to revoke a surveillance device warrant | CEO | | 2092 | Surveillance Devices Act 1999 | subsection 20B(2) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued and the warrant is revoked | CEO | | 2093 | Surveillance Devices Act 1999 | subsection 20B(3) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued | CEO | | 2094 | Surveillance Devices Act 1999 | subsection 20B(4) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC | | 2095 | Surveillance Devices Act 1999 | subsection 20C(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC | | 2096 | Surveillance Devices Act 1999 | paragraph 20C(2)(a) | Power to approve the making of an application for a retrieval warrant | CEO, or a member of the staff of the ACC | | 2097 | Surveillance Devices Act 1999 | subsections 20C(2), (3), (4), (5) and (6) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC | | 2098 | Surveillance Devices Act 1999 | subsection 20D(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC | | 2099 | Surveillance Devices Act 1999 | subsection 20D(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC | | 2100 | Surveillance Devices Act 1999 | section 20G | Power to act in accordance with retrieval warrant | Member of the staff of the ACC | | 2101 | Surveillance Devices Act 1999 | subsection 20H(3) | Duty to revoke a retrieval warrant | CEO | | 2102 | Surveillance Devices Act 1999 | subsection 20H(4) | Duty to inform chief officer if the grounds for issue of a retrieval warrant no longer exist | Member of the staff of the ACC | | 2103 | Surveillance Devices Act 1999 | subsection 21(1) | Power to apply for an order directing a person to assist in the execution of a warrant | Member of the staff of the ACC | | 2104 | Surveillance Devices Act 1999 | subsection 21(2) | Duty to comply with requirements for making an application | Member of the staff of the ACC | | 2105 | Surveillance Devices Act 1999 | subsections 26(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC | | 2106 | Surveillance Devices Act 1999 | subsection 26(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO, or a member of the staff of the ACC | | 2107 | Surveillance Devices Act 1999 | subsection 26(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC | | 2108 | Surveillance Devices Act 1999 | subsections 27(1) and (2) | Power to apply, by any means of communication, for an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC | | 2109 | Surveillance Devices Act 1999 | subsection 27(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO, or a member of the staff of the ACC | | 2110 | Surveillance Devices Act 1999 | subsection 27(4) | Power to act in accordance with an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC | | 2111 | Surveillance Devices Act 1999 | subsection 28(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO, or a member of the staff of the ACC | | 2112 | Surveillance Devices Act 1999 | subsection 28(2) | Duty to comply with requirements for making an application for approval | CEO, or a member of the staff of the ACC | | 2113 | Surveillance Devices Act 1999 | paragraph 30H(1)(a) | Duty to ensure that records and reports are kept securely | CEO | | 2114 | Surveillance Devices Act 1999 | paragraph 30H(1)(b) | Duty to destroy records and reports | CEO | | 2115 | Surveillance Devices Act 1999 | section 30K | Duty to report to judge or magistrate including certain details | Member of the staff of the ACC | | 2116 | Surveillance Devices Act 1999 | subsections 30L(1), (2) and (3) | Duty to submit annual report to the Minister | CEO | | 2117 | Surveillance Devices Act 1999 | section 30M | Duty to keep documents connected with warrants and emergency authorisations | CEO | | 2118 | Surveillance Devices Act 1999 | section 30N | Duty to keep other records in connection with warrants and emergency authorisations | CEO | | 2119 | Surveillance Devices Act 1999 | section 30O | Duty to cause register of warrants and emergency authorisations, including certain details, to be kept | CEO | | 2120 | Surveillance Devices Act 1999 | subsection 30P(3) | Duty to ensure that members of the staff of the ACC assist the Ombudsman | CEO | | 2121 | Surveillance Devices Act 1999 | subsection 36(1) | Power to issue a written evidentiary certificate | CEO or a member of the staff of the ACC | | 2122 | Witness Protection Act 1991 | subsection 4(1) | Power to make a new entry in the register of births or register of marriages | Member of the staff of the ACC | | 2123 | Witness Protection Act 1991 | subsection 6(1A) | Power to apply for an order for authorisation | CEO | | 2124 | Witness Protection Act 1991 | subsection 6(2) | Duty to provide evidence | CEO | | 2125 | Witness Protection Act 1991 | subsection 10(2) | Power to disclose former identity | CEO, or member of the staff of the ACC | | 2126 | Witness Protection Act 1991 | section 15 | Power to give a certificate | CEO | | 2127 | Witness Protection Act 1991 | subsection 21(1) | Power to make arrangements with the Chief Commissioner of Police | CEO |