Duties, functions and powers conferred on certain persons and bodies by laws of Tasmania
6 Duties, functions and powers conferred on certain persons and bodies by laws of Tasmania
A duty, function or power under a provision of a law of Tasmania 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 Tasmania | ||||
|---|---|---|---|---|
Item | Law | Provision | Duty, function or power | Person or body |
1 | Police Powers (Assumed Identities) Act 2006 | subsection 5(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
2 | Police Powers (Assumed Identities) Act 2006 | paragraph 5(3)(a) | Power to approve form of application for authority | CEO |
3 | Police Powers (Assumed Identities) Act 2006 | subsection 5(3) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
4 | Police Powers (Assumed Identities) Act 2006 | subsection 5(4) | Power to require additional information | CEO |
5 | Police Powers (Assumed Identities) Act 2006 | subsection 6(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
6 | Police Powers (Assumed Identities) Act 2006 | subsection 6(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
7 | Police Powers (Assumed Identities) Act 2006 | subsection 6(3) | Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by an authorised civilian | CEO |
8 | Police Powers (Assumed Identities) Act 2006 | paragraph 6(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 | Police Powers (Assumed Identities) Act 2006 | paragraph 6(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
10 | Police Powers (Assumed Identities) Act 2006 | paragraph 6(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
11 | Police Powers (Assumed Identities) Act 2006 | paragraph 7(1)(a) | Power to approve the form of an authority | CEO |
12 | Police Powers (Assumed Identities) Act 2006 | subsections 7(2) and (3) | Duty to include certain particulars in an authority | CEO |
13 | Police Powers (Assumed Identities) Act 2006 | paragraph 9(1)(a) | Power to vary or cancel an authority | CEO |
14 | Police Powers (Assumed Identities) Act 2006 | paragraph 9(1)(b) | Duty to cancel an authority | CEO |
15 | Police Powers (Assumed Identities) Act 2006 | subsection 9(2) | Duty to give written notice of the variation or cancellation of an authority | CEO |
16 | Police Powers (Assumed Identities) Act 2006 | subsection 9(3) | Duty to give reasons for the variation or cancellation of an authority | CEO |
17 | Police Powers (Assumed Identities) Act 2006 | subsections 10(1), (2) and (3) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
18 | Police Powers (Assumed Identities) Act 2006 | subsection 10(4) | Duty to cancel an authority | CEO |
19 | Police Powers (Assumed Identities) Act 2006 | subsection 10(5) | Duty to record an opinion that use of assumed identity is still necessary, and reasons for the opinion, in writing | CEO |
20 | Police Powers (Assumed Identities) Act 2006 | paragraph 11(3)(a) | Power to apply for an order to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1999 (Tas.) | CEO |
21 | Police Powers (Assumed Identities) Act 2006 | subsection 12(2) | Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1999 (Tas.) | CEO |
22 | Police Powers (Assumed Identities) Act 2006 | subsection 12(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 | Police Powers (Assumed Identities) Act 2006 | subsection 15(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
24 | Police Powers (Assumed Identities) Act 2006 | subsection 18(1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
25 | Police Powers (Assumed Identities) Act 2006 | subsection 21(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
26 | Police Powers (Assumed Identities) Act 2006 | subsection 26(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 | Police Powers (Assumed Identities) Act 2006 | subsection 33(1) | Duty to submit a report to the Minister | CEO |
28 | Police Powers (Assumed Identities) Act 2006 | subsection 33(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 | Police Powers (Assumed Identities) Act 2006 | section 34 | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
30 | Police Powers (Assumed Identities) Act 2006 | subsection 35(1) | Duty to arrange for records to be audited | CEO |
31 | Police Powers (Assumed Identities) Act 2006 | subsection 35(2) | Power to appoint auditor | CEO |
32 | Police Powers (Assumed Identities) Act 2006 | section 36 | Power to delegate functions to senior officers | CEO |
33 | Police Powers (Controlled Operations) Act 2006 | subsection 9(1) | Power to apply for authority to conduct a controlled operation | Member of the staff of the ACC |
34 | Police Powers (Controlled Operations) Act 2006 | subsection 9(4) | Duty to provide certain particulars | Member of the staff of the ACC |
35 | Police Powers (Controlled Operations) Act 2006 | subsection 9(5) | Power to require additional information | CEO |
36 | Police Powers (Controlled Operations) Act 2006 | subsection 9(6) | Duty to make a written record of an urgent application and give a copy to the chief officer as soon as practicable | Member of the staff of the ACC |
37 | Police Powers (Controlled Operations) Act 2006 | subsection 10(1) | Power to authorise or refuse to authorise a controlled operation | CEO |
38 | Police Powers (Controlled Operations) Act 2006 | subsection 10(2) | Duty to be satisfied of certain matters | CEO |
39 | Police Powers (Controlled Operations) Act 2006 | subsection 11(3) | Duty to include certain details in an authority | Member of the staff of the ACC |
40 | Police Powers (Controlled Operations) Act 2006 | subsection 11(5) | Duty to ensure that written notes are kept of certain matters | CEO |
41 | Police Powers (Controlled Operations) Act 2006 | subsections 13(1) and (7) | Power to vary, or to refuse to vary, an authority | CEO |
42 | Police Powers (Controlled Operations) Act 2006 | subsection 13(3) | Power to apply for a variation of an authority | Member of the staff of the ACC |
43 | Police Powers (Controlled Operations) Act 2006 | subsection 13(6) | Power to require additional information | CEO |
44 | Police Powers (Controlled Operations) Act 2006 | subsections 13(8) and (9) | Duty to be satisfied of certain matters | CEO |
45 | Police Powers (Controlled Operations) Act 2006 | subsection 13(11) | Duty to ensure that written notes are kept of certain matters and give a formal variation to the applicant | CEO |
46 | Police Powers (Controlled Operations) Act 2006 | section 14 | Duty to include certain particulars in a formal variation | CEO |
47 | Police Powers (Controlled Operations) Act 2006 | subsection 15(1) | Power to cancel an authority | CEO |
48 | Police Powers (Controlled Operations) Act 2006 | subsection 16(1) | Power to engage in specified controlled conduct | Member of the staff of the ACC |
49 | Police Powers (Controlled Operations) Act 2006 | subsection 24(1) | Duty to report loss of or damage to property | Member of the staff of the ACC |
50 | Police Powers (Controlled Operations) Act 2006 | subsections 24(2) and (3) | Duty to notify owner of loss or damage in certain circumstances | CEO |
51 | Police Powers (Controlled Operations) Act 2006 | section 27 | Duty to report to chief officer on authorised operation | Member of the staff of the ACC |
52 | Police Powers (Controlled Operations) Act 2006 | subsections 28(1), (2), (4) and (5) | Duty to report to Ministers on controlled operations conducted during financial year | CEO |
53 | Police Powers (Controlled Operations) Act 2006 | subsection 28(3) | Duty to furnish additional information to Minister | CEO |
54 | Police Powers (Controlled Operations) Act 2006 | subsection 28(7) | Duty to advise the Minister of information that should be excluded from the report before tabling | CEO |
55 | Police Powers (Controlled Operations) Act 2006 | section 29 | Duty to cause certain documents to be kept | CEO |
56 | Police Powers (Controlled Operations) Act 2006 | section 30 | Duty to cause a general register to be kept and to include certain details in it | CEO |
57 | Police Powers (Controlled Operations) Act 2006 | paragraphs 32(2)(b) and (c) | Duty to allow free access, and give information, to the inspection entity | CEO, or a member of the staff of the ACC |
58 | Police Powers (Controlled Operations) Act 2006 | subsection 32(3) | Duty to ensure that members of staff give the inspection entity reasonable assistance | CEO |
59 | Police Powers (Controlled Operations) Act 2006 | subsection 34(2) | Power to delegate a function under the Act to senior officers | CEO |
60 | Police Powers (Surveillance Devices) Act 2006 | subsection 9(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
61 | Police Powers (Surveillance Devices) Act 2006 | subsection 9(3) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
62 | Police Powers (Surveillance Devices) Act 2006 | subsection 9(4) | Power to make an urgent application for a warrant | Member of the staff of the ACC |
63 | Police Powers (Surveillance Devices) Act 2006 | subsection 9(5) | Duty to give information and send sworn affidavit | Member of the staff of the ACC |
64 | Police Powers (Surveillance Devices) Act 2006 | subsection 10(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
65 | Police Powers (Surveillance Devices) Act 2006 | subsection 10(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
66 | Police Powers (Surveillance Devices) Act 2006 | subsections 13(1) to (4) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
67 | Police Powers (Surveillance Devices) Act 2006 | subsection 13(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
68 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(1) | Power to apply for extension or variation of surveillance device warrant | Member of the staff of the ACC |
69 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(2) | Duty to comply with requirements for making an application under subsection 14(1) | Member of the staff of the ACC |
70 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(3) | Duty to comply with requirements in section 9 for making an application under subsection 14(1) | Member of the staff of the ACC |
71 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(3) | Power to make a remote application under subsection 14(1) in accordance with subsection 10(1) | Member of the staff of the ACC |
72 | Police Powers (Surveillance Devices) Act 2006 | subsection 14(3) | Duty to transmit an affidavit in accordance with subsection 10(2) | Member of the staff of the ACC |
73 | Police Powers (Surveillance Devices) Act 2006 | subsection 15(4) | Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued | CEO |
74 | Police Powers (Surveillance Devices) Act 2006 | subsection 16(2) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
75 | Police Powers (Surveillance Devices) Act 2006 | subsection 16(3) | Duty to ensure that use of a surveillance device under warrant is discontinued if no longer necessary | CEO |
76 | Police Powers (Surveillance Devices) Act 2006 | subsection 17(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
77 | Police Powers (Surveillance Devices) Act 2006 | subsections 17(2) and (3) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
78 | Police Powers (Surveillance Devices) Act 2006 | subsection 17(4) | Power to make an urgent application for a retrieval warrant | Member of the staff of the ACC |
79 | Police Powers (Surveillance Devices) Act 2006 | subsection 17(5) | Duty to provide information and send affidavit | Member of the staff of the ACC |
80 | Police Powers (Surveillance Devices) Act 2006 | subsection 18(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
81 | Police Powers (Surveillance Devices) Act 2006 | subsection 18(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
82 | Police Powers (Surveillance Devices) Act 2006 | section 21 | Power to act in accordance with a retrieval warrant | Member of the staff of the ACC |
83 | Police Powers (Surveillance Devices) Act 2006 | subsection 22(3) | Duty to inform chief officer if grounds for issue of retrieval warrant no longer exist | Member of the staff of the ACC |
84 | Police Powers (Surveillance Devices) Act 2006 | subsection 22(4) | Duty to cause application to be made for revocation of a retrieval warrant if grounds for issue no longer exist | CEO |
85 | Police Powers (Surveillance Devices) Act 2006 | subsections 23(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 |
86 | Police Powers (Surveillance Devices) Act 2006 | subsection 23(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO |
87 | Police Powers (Surveillance Devices) Act 2006 | subsection 23(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
88 | Police Powers (Surveillance Devices) Act 2006 | subsections 24(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 |
89 | Police Powers (Surveillance Devices) Act 2006 | subsection 24(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO |
90 | Police Powers (Surveillance Devices) Act 2006 | subsection 24(4) | Power to act in accordance with an emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
91 | Police Powers (Surveillance Devices) Act 2006 | subsection 25(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO |
92 | Police Powers (Surveillance Devices) Act 2006 | subsections 25(2) to (4) | Duty to comply with requirements for making an application for approval | CEO |
93 | Police Powers (Surveillance Devices) Act 2006 | subsection 27(5) | Duty to comply with order specifying how information and records must be dealt with | CEO |
94 | Police Powers (Surveillance Devices) Act 2006 | subsections 29(1) to (4) | Duty to report to Supreme Court or magistrate including certain details | Member of the staff of the ACC |
95 | Police Powers (Surveillance Devices) Act 2006 | subsection 29(5) | Duty to comply with order specifying how information and records must be dealt with | Member of the staff of the ACC |
96 | Police Powers (Surveillance Devices) Act 2006 | section 30 | Power to execute a corresponding warrant in the jurisdiction | Member of the staff of the ACC |
97 | Police Powers (Surveillance Devices) Act 2006 | section 31 | Power to execute a corresponding emergency authorisation in the jurisdiction | Member of the staff of the ACC |
98 | Police Powers (Surveillance Devices) Act 2006 | paragraph 34(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
99 | Police Powers (Surveillance Devices) Act 2006 | paragraph 34(1)(b) | Duty to destroy records and reports | CEO |
100 | Police Powers (Surveillance Devices) Act 2006 | section 37 | Duty to keep documents connected with warrants and emergency authorisations | CEO |
101 | Police Powers (Surveillance Devices) Act 2006 | section 38 | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
102 | Police Powers (Surveillance Devices) Act 2006 | section 39 | Duty to cause register of warrants and emergency authorisations, including certain details, to be kept | CEO |
103 | Police Powers (Surveillance Devices) Act 2006 | subsection 41(2) | Duty to give the inspection entity access and information | CEO, or a member of the staff of the ACC |
104 | Police Powers (Surveillance Devices) Act 2006 | subsection 41(3) | Duty to ensure that members of the staff of the ACC assist the inspection entity | CEO |
105 | Police Powers (Surveillance Devices) Act 2006 | subsection 43(1) | Power to issue a written evidentiary certificate | CEO |
106 | Police Powers (Surveillance Devices) Act 2006 | subsections 44(1) to (3) | Duty to submit annual report to Ministers | CEO |
107 | Witness (Identity Protection) Act 2006 | subsection 6(1) | Power to give a witness identity protection certificate | CEO |
108 | Witness (Identity Protection) Act 2006 | subsection 6(2) | Duty to make all reasonable enquiries | CEO |
109 | Witness (Identity Protection) Act 2006 | subsection 7(1) | Duty to state certain information in a witness identity protection certificate | CEO |
110 | Witness (Identity Protection) Act 2006 | subsection 7(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
111 | Witness (Identity Protection) Act 2006 | subsection 13(2) | Duty to cancel a witness identity protection certificate | CEO |
112 | Witness (Identity Protection) Act 2006 | subsection 13(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
113 | Witness (Identity Protection) Act 2006 | subsection 14(2) | Power to permit a person to give information | CEO |
114 | Witness (Identity Protection) Act 2006 | subsection 14(3) | Duty to include certain information in the permission | CEO |
115 | Witness (Identity Protection) Act 2006 | subsections 16(1), (2) and (3) | Duty to submit an annual report to Ministers | CEO |
116 | Witness (Identity Protection) Act 2006 | subsection 24(2) | Power to delegate functions to senior officers | CEO |
117 | Witness Protection Act 2000 | subsection 7(1) and paragraph 11(a) | Power under an authorising court order to cause the Registrar to make an entry in the register of births or register of marriages | Member of the staff of the ACC |
118 | Witness Protection Act 2000 | subsection 9(2) | Power to apply for a court order in relation to making an entry in the register of births or register of marriages | CEO |
119 | Witness Protection Act 2000 | subsection 9(3) | Duty to provide evidence to the court | CEO |
120 | Witness Protection Act 2000 | paragraph 12(2)(b) | Power to apply for a court order for cancellation of an entry in the register of births or register of marriages | CEO |
121 | Witness Protection Act 2000 | subsection 13(2) | Power to disclose the former identity of a witness or a member of the family of a witness | CEO, or a member of the staff of the ACC |
122 | Witness Protection Act 2000 | paragraph 13(4)(a) | Power to authorise a disclosure or communication of information | CEO |
123 | Witness Protection Act 2000 | section 18 | Power to accept evidence and to give a certificate to the Registrar | CEO |
124 | Witness Protection Act 2000 | subsection 24(1) | Power to make arrangements with the Commissioner of Police | CEO |
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.