Australian Crime Commission Amendment Regulations 2006 (No. 3) (Cth)

Case

Australian Crime Commission Amendment Regulations 2006 (No. 3)1

Select Legislative Instrument 2006 No. 219

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 24 August 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. 3).

  1. Commencement

These Regulations commence on the day after they are registered.

  1. Amendment of Australian Crime Commission Regulations 2002

Schedule 1 amends the Australian Crime Commission Regulations 2002.

Schedule 1          Amendments

(regulation 3)

[1]           Schedule 3, after Part 2

insert

Part 4           Laws of Western Australia

Item

Law

Provision

Duty, function or power

Person or body

401 Surveillance Devices Act 1998 subsection 3 (1) Power to authorise a person Chair of the Board of the ACC
402 Surveillance Devices Act 1998 subsection 13 (9) Power to take action in accordance with a warrant Member of the staff of the ACC
403 Surveillance Devices Act 1998 paragraph 15 (1) (c) Power to apply for a warrant Member of the staff of the ACC
404 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
405 Surveillance Devices Act 1998 paragraph 15 (3) (c) Power to authorise action Chair of the Board of the ACC
406 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
407 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
408 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
409 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
410 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
411 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
412 Surveillance Devices Act 1998 paragraph 17 (2) (c) Duty to complete a form of warrant Member of the staff of the ACC
413 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
414 Surveillance Devices Act 1998 subsection 17 (5) Power to act in accordance with a form of warrant Member of the staff of the ACC
415 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
416 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
417 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
418 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
419 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
420 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
421 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
422 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
423 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
424 Surveillance Devices Act 1998 subsection 21 (1) Power to apply for an emergency authorisation Member of the staff of the ACC
425 Surveillance Devices Act 1998 subsection 21 (2) Power to apply for 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
426 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
427 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
428 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
429 Surveillance Devices Act 1998 subsection 21 (6) Power to take action in accordance with an emergency authorisation Member of the staff of the ACC
430 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
431 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
432 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
433 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
434 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
435 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
436 Surveillance Devices Act 1998 subsection 43 (3) Duty to give a report to the Minister Chair of the Board of the ACC
437 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
438 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
439 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
440 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
441 Witness Protection (Western Australia) Act 1996 paragraph 33 (1) (b) Power to give a person permission not to disclose former identity Chair of the Board of the ACC

[2]           Schedule 3, after Part 6

insert

Part 7           Laws of the Australian Capital Territory

Item

Law

Provision

Duty, function or power

Person or body

701 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 member of the staff of the ACC
702 Witness Protection Act 1996 section 23 Duty and power in relation to disclosure of information CEO, or member of the staff of the ACC
703 Witness Protection Act 1996 section 25 Power to make arrangements with the Chief Police Officer CEO

Part 8           Laws of the Northern Territory

Item

Law

Provision

Duty, function or power

Person or body

801 Surveillance Devices Act subparagraph 6 (b) (iii) Power to attach, install, use, maintain or retrieve a listening device or an optical surveillance device in a public place Member of the staff of the ACC
802 Surveillance Devices Act subparagraph 6 (c) (ii) Power to attach, install, use, maintain or retrieve a tracking device in, on, to or from a vehicle or object that is situated in a public place Member of the staff of the ACC
803 Surveillance Devices Act subparagraph 6 (c) (iii) Power to use a tracking device that was attached or installed in, on or to a vehicle or object when the vehicle or object was situated in a public place Member of the staff of the ACC
804 Surveillance Devices Act subsection 8 (1) Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a data surveillance device Member of the staff of the ACC
805 Surveillance Devices Act subsection 8 (2) Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a listening device Member of the staff of the ACC
806 Surveillance Devices Act subsection 8 (3) Duty to apply for and be issued a warrant or an urgent authorisation to install, use, maintain or retrieve an optical surveillance device Member of the staff of the ACC
807 Surveillance Devices Act subsection 8 (4) Duty to apply for and be issued a warrant or an urgent authorisation to attach, install, use, maintain or retrieve a tracking device Member of the staff of the ACC
808 Surveillance Devices Act subsection 9 (1) Power to apply for a warrant Member of the staff of the ACC
809 Surveillance Devices Act subsection 9 (2) Power to apply for a warrant in person or by any means of communication Member of the staff of the ACC
810 Surveillance Devices Act paragraph 9 (3) (a) Duty to make an application for a warrant for a tracking device to a magistrate or a Judge Member of the staff of the ACC
811 Surveillance Devices Act paragraph 9 (3) (b) Duty to make an application for a warrant for a surveillance device (other than a tracking device) to a Judge Member of the staff of the ACC
812 Surveillance Devices Act subsection 9 (4) Power to apply to a Judge for a warrant that authorises the use of more than one kind of surveillance device Member of the staff of the ACC
813 Surveillance Devices Act paragraph 9 (5) (a) Power to make an application for a warrant for or on behalf of another law enforcement officer Member of the staff of the ACC
814 Surveillance Devices Act paragraphs 9 (5) (b), (c) and (d) Duty to comply with requirements for making an application for a warrant Member of the staff of the ACC
815 Surveillance Devices Act paragraph 9 (5) (e) Power to make an application to attach, install, use maintain or retrieve a surveillance device in relation to a specified person, premises vehicle or object or a person whose identity is not known Member of the staff of the ACC
816 Surveillance Devices Act subsection 10 (1) Duty to comply with requirements in section 10 for making an application for a warrant by telephone, radio, facsimile transmission or another means of communication Member of the staff of the ACC
817 Surveillance Devices Act subsection 10 (2) Duty to prepare an affidavit Member of the staff of the ACC
818 Surveillance Devices Act subsection 10 (3) Power to make an application for a warrant before the affidavit is sworn Member of the staff of the ACC
819 Surveillance Devices Act paragraph 16 (2) (a) Duty to complete, in duplicate, a form of warrant Member of the staff of the ACC
820 Surveillance Devices Act paragraph 16 (2) (b) Duty to write certain information on the form of warrant Member of the staff of the ACC
821 Surveillance Devices Act subsection 18 (1) Duty to send prepared affidavit and completed form of warrant to Judge or magistrate Member of the staff of the ACC
822 Surveillance Devices Act subsection 19 (1) Power to apply to a Judge or magistrate to amend the terms of a warrant Member of the staff of the ACC
823 Surveillance Devices Act subsection 19 (2) Power to make an application under subsection 19 (1) in accordance with subsection 9 (2) Member of the staff of the ACC
824 Surveillance Devices Act subsection 19 (2) Duty to make an application under subsection 19 (1) to a Judge or magistrate in accordance with subsection 9 (3) Member of the staff of the ACC
825 Surveillance Devices Act subsection 19 (2) Power to make an application under subsection 19 (2) in accordance with subsection 9 (4) Member of the staff of the ACC
826 Surveillance Devices Act subsection 19 (2) Power to make an application under subsection 19 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a) Member of the staff of the ACC
827 Surveillance Devices Act subsection 19 (2) Duty to comply with requirements in paragraphs 9 (5) (b), (c)
and (d) for making an application under subsection 19 (1)
Member of the staff of the ACC
828 Surveillance Devices Act subsection 19 (2) Duty to comply with requirements in section 10 for making an application under subsection 19 (1) by telephone, radio, facsimile transmission or another means of communication Member of the staff of the ACC
829 Surveillance Devices Act subsection 19 (2) Duty to prepare an affidavit under subsection 10 (2) Member of the staff of the ACC
830 Surveillance Devices Act subsection 19 (2) Power, under subsection 10 (3), to make an application before the affidavit is sworn Member of the staff of the ACC
831 Surveillance Devices Act subsections 20 (1) and (2) Power to apply to a Judge or magistrate for an extension of the period for which a warrant is in force Member of the staff of the ACC
832 Surveillance Devices Act subsection 20 (3) Power to make an application under subsection 20 (1) in accordance with subsection 9 (2) Member of the staff of the ACC
833 Surveillance Devices Act subsection 20 (3) Duty to make an application under subsection 20 (1) to a Judge or magistrate in accordance with subsection 9 (3) Member of the staff of the ACC
834 Surveillance Devices Act subsection 20 (3) Power to make an application under subsection 20 (1) in accordance with subsection 9 (4) Member of the staff of the ACC
835 Surveillance Devices Act subsection 20 (3) Power to make an application under subsection 20 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a) Member of the staff of the ACC
836 Surveillance Devices Act subsection 20 (3) Duty to comply with requirements in paragraphs 9 (5) (b), (c) and (d) for making an application under subsection 20 (1) Member of the staff of the ACC
837 Surveillance Devices Act subsection 20 (3) Duty to comply with requirements in section 10 for making an application under subsection 20 (1) by telephone, radio, facsimile transmission or another means of communication Member of the staff of the ACC
838 Surveillance Devices Act subsection 20 (3) Duty to prepare an affidavit under subsection 10 (2) Member of the staff of the ACC
839 Surveillance Devices Act subsection 20 (3) Power, under subsection 10 (3), to make an application before the affidavit is sworn Member of the staff of the ACC
840 Surveillance Devices Act section 22 Power to apply to an authorised person for an urgent authorisation to attach, install, use, maintain or retrieve a surveillance device Member of the staff of the ACC
841 Surveillance Devices Act subsection 23 (1) Power to apply for an urgent authorisation orally (in person or by any means of communication) or in writing Member of the staff of the ACC
842 Surveillance Devices Act paragraph 23 (3) (a) Power to make an application for an urgent authorisation for or on behalf of another law enforcement officer Member of the staff of the ACC
843 Surveillance Devices Act paragraphs 23 (3) (b) and (c) Duty to comply with requirements for making an application for an urgent authorisation Member of the staff of the ACC
844 Surveillance Devices Act paragraph 23 (3) (d) Power to make an application for an urgent authorisation in relation to a specified person, premises, vehicle or object or a person whose identity is not known Member of the staff of the ACC
845 Surveillance Devices Act subsection 23 (4) Power to require further information in relation to an application for an urgent authorisation CEO
846 Surveillance Devices Act section 24 Duty to have regard to certain matters in considering an application for an urgent authorisation CEO
847 Surveillance Devices Act subsections 25 (1) and (2) Power to issue an urgent authorisation if satisfied of certain matters CEO
848 Surveillance Devices Act subsection 25 (3) Power to issue one urgent authorisation in relation to more than one surveillance device or a surveillance device that has more than one kind of function CEO
849 Surveillance Devices Act subsection 26 (1) Power to issue an urgent authorisation subject to conditions and restrictions CEO
850 Surveillance Devices Act section 27 Duty to keep a written record of certain matters in relation to the issue of an urgent authorisation CEO
851 Surveillance Devices Act section 28 Duty to specify certain information in an urgent authorisation CEO
852 Surveillance Devices Act subsection 29 (1) Duty to apply for a warrant if issued an urgent authorisation Member of the staff of the ACC
853 Surveillance Devices Act subsection 29 (2) Power to make an application under subsection 29 (1) in accordance with subsection 9 (2) Member of the staff of the ACC
854 Surveillance Devices Act subsection 29 (2) Duty to make an application under subsection 29 (1) to a Judge or magistrate in accordance with subsection 9 (3) Member of the staff of the ACC
855 Surveillance Devices Act subsection 29 (2) Power to make an application under subsection 29 (1) in accordance with subsection 9 (4) Member of the staff of the ACC
856 Surveillance Devices Act subsection 29 (2) Power to make an application under subsection 29 (1) for or on behalf of another law enforcement officer in accordance with paragraph 9 (5) (a) Member of the staff of the ACC
857 Surveillance Devices Act subsection 29 (2) Duty to comply with requirements in paragraphs 9 (5) (b), (c) and (d) for making an application under subsection 29 (1) Member of the staff of the ACC
858 Surveillance Devices Act subsection 29 (2) Duty to comply with requirements in section 10 for making an application under subsection 29 (1) by telephone, radio, facsimile transmission or another means of communication Member of the staff of the ACC
859 Surveillance Devices Act subsection 29 (2) Duty to prepare an affidavit under subsection 10 (2) Member of the staff of the ACC
860 Surveillance Devices Act subsection 29 (2) Power, under subsection 10 (3), to make an application before the affidavit is sworn Member of the staff of the ACC
861 Surveillance Devices Act subsection 29 (4) Duty to provide Judge or magistrate with a written report in respect of an urgent authorisation Member of the staff of the ACC
862 Surveillance Devices Act paragraph 31 (a) Duty to comply with an order Member of the staff of the ACC
863 Surveillance Devices Act paragraph 33 (1) (b) Power to act in accordance with a warrant or urgent authorisation Member of the staff of the ACC
864 Surveillance Devices Act subsection 33 (2) Power to use a connection device for the purpose of attaching, installing, using, maintaining or retrieving a surveillance device Member of the staff of the ACC
865 Surveillance Devices Act subsection 34 (1) Power to apply to withdraw a warrant or urgent authorisation Member of the staff of the ACC
866 Surveillance Devices Act subsection 34 (2) Duty to withdraw a warrant or urgent authorisation CEO
867 Surveillance Devices Act paragraph 36 (a) Duty to keep records and reports in a secure place CEO
868 Surveillance Devices Act paragraph 36 (b) Power to destroy a record or report if satisfied of certain matters CEO
869 Surveillance Devices Act subsection 48 (4) Power to seize a forfeited surveillance or connection device and to enter and remain on premises to do so Member of the staff of the ACC
870 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
871 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
872 Witness Protection (Northern Territory) Act subsection 14 (3) Duty to comply with requirements for making an application under subsection 14 (2) CEO
873 Witness Protection (Northern Territory) Act section 18 Power to give a certificate to the Registrar CEO
874 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
875 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
876 Witness Protection (Northern Territory) Act section 30 Power to make arrangements with the Commissioner of Police CEO
877 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
878 Witness Protection (Northern Territory) Act paragraph 34 (2) (a) Power to authorise a disclosure or communication of information CEO

[3]           Schedule 4, after Part 2

insert

Part 4           Laws of Western Australia

Item

Law

Provision

Duty, function or power

401 First Home Owner Grant Regulations 2000 subregulation 11 (1) Power to receive confidential information
402 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
403 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
404 Surveillance Devices Act 1998 subsection 41 (2) Duty to consult before destroying certain records or reports
405 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
406 Surveillance Devices Regulations 1999 paragraph 7 (1) (a) Duty to keep Part 5 records in a secure place
407 Surveillance Devices Regulations 1999 paragraph 7 (1) (b) Duty to destroy Part 5 records
408 Surveillance Devices Regulations 1999 subregulation 7 (2) Duty to keep records concerning Part 5 records

Part 7           Laws of the Australian Capital Territory

Item

Law

Provision

Duty, function or power

701 Gambling and Racing Control Act 1999 paragraph 37 (d) Power to authorise a person to receive information
702 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
703 Taxation Administration Act 1999 paragraph 97 (d) Power to authorise a person to receive information

[4]           Schedule 5, after Part 2

insert

Part 4           Laws of Western Australia

Item

Law

Provision

Duty, function or power

Federal Court Judge or Federal Magistrate

401 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

[5]           Further amendments — references to a senior officer

The following provisions are amended by omitting ‘who is a senior officer’:

·Schedule 3, Part 2, item 2080, column 5

·Schedule 3, Part 2, item 2096, column 5

·Schedule 3, Part 2, item 2106, column 5

·Schedule 3, Part 2, item 2109, column 5

·Schedule 3, Part 2, item 2111, column 5

·Schedule 3, Part 2, item 2112, column 5

·Schedule 3, Part 2, item 2121, column 5.

Note

  1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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