Australian Crime Commission Amendment Regulations 2007 (No. 1) (Cth)

Australian Crime Commission Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 289

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 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

DAVID ALBERT LLOYD JOHNSTON

Minister for Justice and Customs

Name of Regulations

These Regulations are the Australian Crime Commission Amendment Regulations 2007 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Australian Crime Commission Regulations 2002

Schedule 1 amends the Australian Crime Commission Regulations 2002.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 1, Form 1, Schedule 2, paragraph 2

omit

serious and organised crime

insert

relevant crime

[2] Schedule 3, Part 1, item 119

omit

[3] Schedule 3, Part 1, item 130, column 5

substitute

CEO

[4] Schedule 3, after Part 2

insert

Part 3 Laws of Queensland

Item	Law	Provision	Duty, function or power	Person or body
301	Crime and Misconduct Act 2001	paragraph 278 (1) (e) and subsection 278 (1A)	Function of being a member of the reference committee	CEO
302	Crime and Misconduct Act 2001	subsection 279 (4)	Power to appoint person as deputy for the CEO for a reference committee meeting	CEO

[5] Schedule 3, after Part 4

insert

Part 5 Laws of South Australia

Item	Law	Provision	Duty, function or power	Person or body
501	Listening and Surveillance Devices Act 1972	subsection 6 (2)	Power to apply for a warrant to use listening devices or enter or interfere with any premises, vehicle or thing	Member of the Board or a member of the staff of the ACC
502	Listening and Surveillance Devices Act 1972	subsections 6 (3) and (4)	Duty to comply with requirements for making an application	Member of the Board or a member of the staff of the ACC
503	Listening and Surveillance Devices Act 1972	subsection 6 (7b)	Power to act in accordance with a warrant	Member of the Board or a member of the staff of the ACC
504	Listening and Surveillance Devices Act 1972	subsection 6 (8)	Duty to cancel a warrant by instrument in writing	Member of the Board
505	Listening and Surveillance Devices Act 1972	paragraph 6 (9) (b)	Power to cancel a warrant by instrument in writing	Member of the Board
506	Listening and Surveillance Devices Act 1972	subsection 6A (1)	Power to make a remote application for a warrant	Member of the Board or a member of the staff of the ACC
507	Listening and Surveillance Devices Act 1972	subsection 6A (2)	Duty to comply with requirements for making a remote application	Member of the Board or a member of the staff of the ACC
508	Listening and Surveillance Devices Act 1972	subsections 7 (1) and (2)	Power to use a listening device in defined circumstances	Member of the Board or a member of the staff of the ACC
509	Listening and Surveillance Devices Act 1972	subsection 7 (3)	Duty and power in relation to communicating or publishing information or material derived from the use of a listening device	Member of the Board or a member of the staff of the ACC
510	Listening and Surveillance Devices Act 1972	subsection 9 (1)	Power to seize a listening device or a record of information derived from the use of a listening device	Member of the Board or a member of the staff of the ACC
511	Listening and Surveillance Devices Act 1972	paragraph 9 (2) (a)	Power to break into, enter and search any premises in which the member suspects on reasonable grounds there is a device or record liable to be seized	Member of the Board or a member of the staff of the ACC
512	Listening and Surveillance Devices Act 1972	paragraph 9 (2) (b)	Power to stop, detain and search any vehicle in which the member suspects on reasonable grounds contains a device or record liable to be seized	Member of the Board or a member of the staff of the ACC
513	Listening and Surveillance Devices Act 1972	paragraph 9 (2) (c)	Power to detain and search any person who the member suspects on reasonable grounds has possession of a device or record that is liable to be seized	Member of the Board or a member of the staff of the ACC
514	Listening and Surveillance Devices Act 1972	subsection 9 (3)	Duty to return a device or record that has been seized	Member of the Board or a member of the staff of the ACC
515	Listening and Surveillance Devices Regulations 2003	subregulation 4 (1)	Duty to ensure that records are stored securely	Chair of the Board
516	Listening and Surveillance Devices Regulations 2003	subregulation 4 (2)	Power to authorise the removal of a record from storage	Chair of the Board
517	Listening and Surveillance Devices Regulations 2003	regulation 5	Duty to ensure that a records book is maintained	Chair of the Board
518	Listening and Surveillance Devices Regulations 2003	regulation 6	Power to authorise access to a record	Chair of the Board
519	Listening and Surveillance Devices Regulations 2003	regulation 7	Power to authorise the making of a copy of a record	Chair of the Board
520	Listening and Surveillance Devices Regulations 2003	regulation 8	Power to authorise the destruction of a record	Chair of the Board
521	Witness Protection Act 1996	subsection 6 (1)	Power to make an arrangement in connection with the administration of a complementary witness protection law	CEO
522	Witness Protection Act 1996	subsection 18 (1)	Power to give a participant permission not to disclose the participant’s former identity	CEO
523	Witness Protection Act 1996	paragraph 21 (3) (a)	Power to authorise a disclosure of information	CEO

[6] Schedule 3, Part 6, item 601, column 4

substitute

Power under an authorising court order to cause the Registrar to make an entry in the register of births or register of marriages

[7] Schedule 4, after Part 2

insert

Part 3 Laws of Queensland

Item	Law	Provision	Duty, function or power
301	Police Powers and Responsibilities Act 2000	subsection 684 (3)	Power to require a police officer to record information in another entity’s register

[8] Schedule 4, after Part 4

insert

Part 5 Laws of South Australia

Item	Law	Provision	Duty, function or power
501	Listening and Surveillance Devices Act 1972	paragraph 6C (a)	Duty to keep, as records, copies of applications for warrants and copies of warrants
502	Listening and Surveillance Devices Act 1972	paragraph 6C (b)	Duty to keep information and material derived from the use of a listening or surveillance device
503	Listening and Surveillance Devices Act 1972	paragraph 6C (c)	Duty to control, manage access to and destroy records, information and material

[9] Schedule 6, Part 1, after item 101

insert

101A Australian Commission for Law Enforcement Integrity

[10] Schedule 6, Part 1, after item 104

insert

104A Australian Defence Force

[11] Schedule 6, Part 1, after item 119A

insert

119B Department of Finance and Administration

[12] Schedule 6, Part 1, item 121

omit

Multicultural and Indigenous Affairs

insert

Citizenship

[13] Schedule 6, Part 1, item 122

omit

and Heritage

insert

and Water Resources

[14] Schedule 6, Part 2, after item 201

insert

201A Council of the City of Sydney

Note

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