Commonwealth Numbered Regulations

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AUSTRALIAN CRIME COMMISSION AMENDMENT REGULATIONS 2006 (NO. 1) (SLI NO 43 OF 2006) - 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



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