AUSTRALIAN CRIME COMMISSION AMENDMENT REGULATIONS 2006 (NO. 3) (SLI NO 219 OF 2006)

Commonwealth Numbered Regulations

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AUSTRALIAN CRIME COMMISSION AMENDMENT REGULATIONS 2006 (NO. 3) (SLI NO 219 OF 2006) - SCHEDULE 1

Amendments

[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.

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