Duties, functions and powers conferred on certain persons and bodies by laws of Victoria
2 Duties, functions and powers conferred on certain persons and bodies by laws of Victoria
A duty, function or power under a provision of a law of Victoria mentioned in an item of the following table is prescribed for the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act as a kind of duty, function or power that may be conferred on the person or body mentioned in the item.
Laws of Victoria | ||||
|---|---|---|---|---|
Item | Law | Provision | Duty, function or power | Person or body |
1 | 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 |
2 | Crimes (Assumed Identities) Act 2004 | paragraph 4(3)(a) | Power to approve form of application for authority | CEO |
3 | 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 |
4 | Crimes (Assumed Identities) Act 2004 | subsection 4(4) | Power to require additional information | CEO |
5 | 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 |
6 | Crimes (Assumed Identities) Act 2004 | subsection 5(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
7 | 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 |
8 | 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 |
9 | 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 |
10 | 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 |
11 | Crimes (Assumed Identities) Act 2004 | paragraph 6(1)(a) | Power to approve the form of an authority | CEO |
12 | Crimes (Assumed Identities) Act 2004 | subsections 6(2) and (3) | Duty to include certain particulars in an authority | CEO |
13 | Crimes (Assumed Identities) Act 2004 | paragraph 8(1)(a) | Power to vary or cancel an authority | CEO |
14 | Crimes (Assumed Identities) Act 2004 | paragraph 8(1)(b) | Duty to cancel an authority | CEO |
15 | Crimes (Assumed Identities) Act 2004 | subsection 8(2) | Duty to give written notice of the variation or cancellation of an authority | CEO |
16 | Crimes (Assumed Identities) Act 2004 | subsection 8(3) | Duty to give reasons for the variation or cancellation of an authority | CEO |
17 | 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 |
18 | Crimes (Assumed Identities) Act 2004 | subsection 9(4) | Duty to cancel an authority | CEO |
19 | Crimes (Assumed Identities) Act 2004 | subsection 9(5) | Duty to record an opinion and reasons for it, in writing | CEO |
20 | 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 |
21 | 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 |
22 | 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 |
23 | 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 |
24 | 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 |
25 | Crimes (Assumed Identities) Act 2004 | subsection 19(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
26 | 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 |
27 | Crimes (Assumed Identities) Act 2004 | subsection 31(1) | Duty to submit a report to the Minister | CEO |
28 | 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 |
29 | 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 |
30 | Crimes (Assumed Identities) Act 2004 | subsection 33(1) | Duty to arrange for records to be audited | CEO |
31 | Crimes (Assumed Identities) Act 2004 | subsection 33(2) | Power to appoint auditor | CEO |
32 | Crimes (Assumed Identities) Act 2004 | section 34 | Power to delegate functions to senior officers | CEO |
33 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BB(1) | Power to give a witness identity protection certificate | CEO |
34 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BB(2) | Duty to make all reasonable enquiries | CEO |
35 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BB(3) | Duty not to give a witness identity protection certificate until a statutory declaration is obtained | CEO |
36 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BC(1) | Duty to make a statutory declaration | Member of the staff of the ACC |
37 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BD(1) | Duty to state certain information in a witness identity protection certificate | CEO |
38 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BD(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
39 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BF(2) | Duty to cancel a witness identity protection certificate | CEO |
40 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BF(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
41 | Evidence (Miscellaneous Provisions) Act 1958 | subsections 42BG(2) and (3) | Power to permit a person to give information | CEO |
42 | Evidence (Miscellaneous Provisions) Act 1958 | subsections 42BI(1), (2) and (3) | Duty to submit a report to the Minister | CEO |
43 | Evidence (Miscellaneous Provisions) Act 1958 | subsection 42BJ(2) | Power to delegate functions | CEO |
44 | Surveillance Devices Act 1999 | subsection 15(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
45 | 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 |
46 | Surveillance Devices Act 1999 | subsections 15(2), (3), (4), (5), (6) and (6A) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
47 | 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 |
48 | Surveillance Devices Act 1999 | subsection 16(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
49 | 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 |
50 | 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 |
51 | 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 |
52 | 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 |
53 | 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 |
54 | 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 |
55 | 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 |
56 | Surveillance Devices Act 1999 | subsection 20A(2) | Duty to revoke a surveillance device warrant | CEO |
57 | 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 |
58 | Surveillance Devices Act 1999 | subsection 20B(3) | Duty to ensure that use of a surveillance device authorised by a warrant is discontinued | CEO |
59 | 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 |
60 | Surveillance Devices Act 1999 | subsection 20C(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
61 | 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 |
62 | Surveillance Devices Act 1999 | subsections 20C(2), (3), (4), (5), (6) and (6A) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
63 | Surveillance Devices Act 1999 | subsection 20D(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
64 | Surveillance Devices Act 1999 | subsection 20D(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
65 | Surveillance Devices Act 1999 | section 20G | Power to act in accordance with retrieval warrant | Member of the staff of the ACC |
66 | Surveillance Devices Act 1999 | subsection 20H(3) | Duty to revoke a retrieval warrant | CEO |
67 | 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 |
68 | 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 |
69 | Surveillance Devices Act 1999 | subsections 21(2), (2A) and (3) | Duty to comply with requirements for making an application | Member of the staff of the ACC |
70 | 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 |
71 | 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 |
72 | 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 |
73 | 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 |
74 | 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 |
75 | 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 |
76 | 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 |
77 | Surveillance Devices Act 1999 | subsections 28(2) and (2A) | Duty to comply with requirements for making an application for approval | CEO, or a member of the staff of the ACC |
78 | Surveillance Devices Act 1999 | paragraph 30H(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
79 | Surveillance Devices Act 1999 | paragraph 30H(1)(b) | Duty to destroy records and reports | CEO |
80 | Surveillance Devices Act 1999 | section 30K | Duty to report to judge or magistrate, including certain details | Member of the staff of the ACC |
81 | Surveillance Devices Act 1999 | subsections 30L(1), (2) and (3) | Duty to submit annual report to the Minister | CEO |
82 | Surveillance Devices Act 1999 | subsection 30L(4) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Parliament | CEO |
83 | Surveillance Devices Act 1999 | section 30M | Duty to keep documents connected with warrants and emergency authorisations | CEO |
84 | Surveillance Devices Act 1999 | section 30N | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
85 | Surveillance Devices Act 1999 | section 30O | Duty to cause register of warrants and emergency authorisations, including certain details, to be kept | CEO |
86 | Surveillance Devices Act 1999 | subsection 30P(3) | Duty to ensure that members of the staff of the ACC assist the Victorian Inspectorate | CEO |
87 | Surveillance Devices Act 1999 | subsection 36(1) | Power to issue a written evidentiary certificate | CEO, or a member of the staff of the ACC |
88 | Witness Protection Act 1991 | subsection 6(1A) | Power to apply for an order for authorisation | CEO |
89 | Witness Protection Act 1991 | subsection 6(2) | Duty to provide evidence | CEO |
90 | Witness Protection Act 1991 | subsection 8(1) | Power to make a new entry in the register of births or register of marriages | Member of the staff of the ACC |
91 | Witness Protection Act 1991 | paragraph 9(2)(b) | Power to apply to the Supreme Court for an order that the entry be cancelled | CEO |
92 | Witness Protection Act 1991 | subsection 9(4) | Power to cancel an entry in the register of births or register of marriages | Member of the staff of the ACC |
93 | Witness Protection Act 1991 | subsection 10(2) | Power to disclose former identity | CEO, or a member of the staff of the ACC |
94 | Witness Protection Act 1991 | section 15 | Power to give a certificate | CEO |
95 | Witness Protection Act 1991 | subsection 21(1) | Power to make arrangements with the Chief Commissioner of Police | CEO |
This Act’s bill:Explanatory statement
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