Duties, functions and powers conferred on certain persons and bodies by laws of the Australian Capital Territory
7 Duties, functions and powers conferred on certain persons and bodies by laws of the Australian Capital Territory
A duty, function or power under a provision of a law of the Australian Capital Territory 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 the Australian Capital Territory | ||||
|---|---|---|---|---|
Item | Law | Provision | Duty, function or power | Person or body |
1 | Crimes (Assumed Identities) Act 2009 | subsection 8(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 2009 | subsection 8(3) | Power to approve form of application for authority | CEO |
3 | Crimes (Assumed Identities) Act 2009 | subsection 8(4) | Duty to comply with requirements for making an application for an authority | Member of the staff of the ACC |
4 | Crimes (Assumed Identities) Act 2009 | subsection 8(5) | Power to require additional information | CEO |
5 | Crimes (Assumed Identities) Act 2009 | subsection 9(1) | Power to grant or refuse to grant an authority to acquire or use an assumed identity | CEO |
6 | Crimes (Assumed Identities) Act 2009 | subsection 9(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
7 | Crimes (Assumed Identities) Act 2009 | paragraph 9(3)(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 |
8 | Crimes (Assumed Identities) Act 2009 | paragraph 9(3)(b) | Power to grant an authority that authorises a request for evidence of an assumed identity | CEO |
9 | Crimes (Assumed Identities) Act 2009 | paragraph 9(3)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
10 | Crimes (Assumed Identities) Act 2009 | subsection 11(2) | 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 |
11 | Crimes (Assumed Identities) Act 2009 | paragraph 12(1)(a) | Power to approve the form of an authority | CEO |
12 | Crimes (Assumed Identities) Act 2009 | subsections 12(2) and (3) | Duty to include certain particulars in an authority | CEO |
13 | Crimes (Assumed Identities) Act 2009 | paragraph 14(1)(a) | Power to amend or cancel an authority | CEO |
14 | Crimes (Assumed Identities) Act 2009 | paragraph 14(1)(b) | Duty to cancel an authority | CEO |
15 | Crimes (Assumed Identities) Act 2009 | subsection 14(2) | Duty to give written notice of the amendment or cancellation of an authority | CEO |
16 | Crimes (Assumed Identities) Act 2009 | subsection 14(3) | Duty to give reasons for the amendment or cancellation of an authority | CEO |
17 | Crimes (Assumed Identities) Act 2009 | subsections 15(1) and (2) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
18 | Crimes (Assumed Identities) Act 2009 | subsection 15(3) | Duty to cancel an authority | CEO |
19 | Crimes (Assumed Identities) Act 2009 | subsection 15(4) | Duty to record an opinion that use of assumed identity still necessary, and reasons for the opinion, in writing | CEO |
20 | Crimes (Assumed Identities) Act 2009 | paragraph 16(2)(a) | Power to apply for an order to make an entry in the register under the Births, Deaths and Marriages Registration Act 1997 (ACT) | CEO |
21 | Crimes (Assumed Identities) Act 2009 | subsection 17(2) | Duty to apply for an order to cancel an entry made in the Register under the Births, Deaths and Marriages Registration Act 1997 (ACT) | CEO |
22 | Crimes (Assumed Identities) Act 2009 | subsection 17(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 2009 | subsection 18(5) | Duty to return a certificate given by the registrar‑general under subsection 16(5) | CEO |
24 | Crimes (Assumed Identities) Act 2009 | subsection 19(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
25 | Crimes (Assumed Identities) Act 2009 | subsection 22(2) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
26 | Crimes (Assumed Identities) Act 2009 | subsections 26(1) and (2) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
27 | Crimes (Assumed Identities) Act 2009 | subsection 31(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 |
28 | Crimes (Assumed Identities) Act 2009 | subsection 38(1) | Duty to submit an annual report to the Minister | CEO |
29 | Crimes (Assumed Identities) Act 2009 | subsection 38(2) | Duty to advise the Minister of any information in a report that should be excluded before the report is laid before Legislative Assembly | CEO |
30 | Crimes (Assumed Identities) Act 2009 | section 39 | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
31 | Crimes (Assumed Identities) Act 2009 | subsection 40(1) | Duty to arrange for records to be audited | CEO |
32 | Crimes (Assumed Identities) Act 2009 | subsection 40(2) | Duty to appoint auditor | CEO |
33 | Crimes (Assumed Identities) Act 2009 | subsection 41(2) | Duty to allow the Ombudsman to enter ACC premises, give the Ombudsman access to records and give information to the Ombudsman | CEO, or a member of the staff of the ACC |
34 | Crimes (Assumed Identities) Act 2009 | subsection 41(3) | Duty to ensure members of the staff of the ACC give assistance to the Ombudsman | CEO |
35 | Crimes (Assumed Identities) Act 2009 | section 42 | Power to delegate functions to senior officers | CEO |
36 | Crimes (Controlled Operations) Act 2008 | subsection 9(1) | Power to apply for authority to conduct a controlled operation | Member of the staff of the ACC |
37 | Crimes (Controlled Operations) Act 2008 | subsection 9(4) | Duty to provide certain information | Member of the staff of the ACC |
38 | Crimes (Controlled Operations) Act 2008 | subsection 9(5) | Power to require additional information | CEO |
39 | Crimes (Controlled Operations) Act 2008 | 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 |
40 | Crimes (Controlled Operations) Act 2008 | subsection 10(1) | Power to authorise or refuse to authorise a controlled operation | CEO |
41 | Crimes (Controlled Operations) Act 2008 | subsection 10(2) | Duty to be satisfied of certain matters | CEO |
42 | Crimes (Controlled Operations) Act 2008 | subsection 11(3) | Duty to include certain details in an authority | Member of the staff of the ACC |
43 | Crimes (Controlled Operations) Act 2008 | subsection 11(5) | Duty to ensure that written notes are kept of certain matters | CEO |
44 | Crimes (Controlled Operations) Act 2008 | subsections 13(1) and (8) | Power to amend, or to refuse to amend, an authority | CEO |
45 | Crimes (Controlled Operations) Act 2008 | subsection 13(3) | Power to apply for an amendment of an authority | Member of the staff of the ACC |
46 | Crimes (Controlled Operations) Act 2008 | subsection 13(6) | Power to require additional information | CEO |
47 | Crimes (Controlled Operations) Act 2008 | subsections 13(9) and (10) | Duty to be satisfied of certain matters | CEO |
48 | Crimes (Controlled Operations) Act 2008 | paragraph 13(11)(b) | Duty to be satisfied of certain matters before granting an urgent amendment of authority | CEO |
49 | Crimes (Controlled Operations) Act 2008 | subsection 13(12) | Duty to ensure that written notes are kept of certain matters and give a formal amendment to the applicant | CEO |
50 | Crimes (Controlled Operations) Act 2008 | subsection 13(13) | Duty to inform participants in a controlled operation about grant of a standard amendment of authority | Member of the staff of the ACC |
51 | Crimes (Controlled Operations) Act 2008 | section 14 | Duty to include certain particulars in a formal amendment | CEO |
52 | Crimes (Controlled Operations) Act 2008 | subsection 15(1) | Power to cancel an authority | CEO |
53 | Crimes (Controlled Operations) Act 2008 | subsection 16(1) | Power to engage in stated controlled conduct | Member of the staff of the ACC |
54 | Crimes (Controlled Operations) Act 2008 | subsection 24(1) | Duty to report loss of or damage to property | Member of the staff of the ACC |
55 | Crimes (Controlled Operations) Act 2008 | subsections 24(2) and (3) | Duty to notify owner of loss or damage in certain circumstances | CEO |
56 | Crimes (Controlled Operations) Act 2008 | section 27 | Duty to report to chief officer on authorised operation | Member of the staff of the ACC |
57 | Crimes (Controlled Operations) Act 2008 | subsections 28(1), (2), (4), (5) and (6) | Duty to report to Ministers on controlled operations conducted during financial year | CEO |
58 | Crimes (Controlled Operations) Act 2008 | subsection 28(3) | Duty to give additional information to Minister | CEO |
59 | Crimes (Controlled Operations) Act 2008 | subsection 28(7) | Duty to advise the Minister of information that should be excluded from the report before tabling | CEO |
60 | Crimes (Controlled Operations) Act 2008 | section 29 | Duty to cause certain documents to be kept | CEO |
61 | Crimes (Controlled Operations) Act 2008 | section 30 | Duty to cause a general register to be kept and to include certain details in it | CEO |
62 | Crimes (Controlled Operations) Act 2008 | subsection 31(2) | Duty to allow the Ombudsman to enter ACC premises, give the Ombudsman full and free access to records and give information to the Ombudsman | CEO, or a member of the staff of the ACC |
63 | Crimes (Controlled Operations) Act 2008 | subsection 31(3) | Duty to ensure that members of staff of the ACC give the Ombudsman reasonable assistance | CEO |
64 | Crimes (Controlled Operations) Act 2008 | subsection 33(2) | Power to delegate a function under the Act to senior officers | CEO |
65 | Crimes (Protection of Witness Identity) Act 2011 | subsection 11(1) | Power to give a witness identity protection certificate | CEO |
66 | Crimes (Protection of Witness Identity) Act 2011 | subsection 12(1) | Duty to state certain information in a witness identity protection certificate | CEO |
67 | Crimes (Protection of Witness Identity) Act 2011 | subsection 12(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
68 | Crimes (Protection of Witness Identity) Act 2011 | subsection 12(3) | Duty to make enquiries for subsection 12(1) | CEO |
69 | Crimes (Protection of Witness Identity) Act 2011 | subsection 15(2) | Duty to cancel a witness identity protection certificate | CEO |
70 | Crimes (Protection of Witness Identity) Act 2011 | subsection 15(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
71 | Crimes (Protection of Witness Identity) Act 2011 | subsection 19(2) | Power to permit a person to give information | CEO |
72 | Crimes (Protection of Witness Identity) Act 2011 | subsection 19(3) | Duty to state certain information in the permission | CEO |
73 | Crimes (Protection of Witness Identity) Act 2011 | subsection 21(1) | Duty to prepare an annual report | CEO |
74 | Crimes (Protection of Witness Identity) Act 2011 | subsection 21(2) | Duty to include certain information in annual report | CEO |
75 | Crimes (Protection of Witness Identity) Act 2011 | subsection 21(3) | Duty not to include certain information in annual report | CEO |
76 | Crimes (Protection of Witness Identity) Act 2011 | subsection 21(4) | Duty give annual report to Minister | CEO |
77 | Crimes (Protection of Witness Identity) Act 2011 | subsection 23(2) | Power to delegate functions to senior officers | CEO |
78 | Crimes (Surveillance Devices) Act 2010 | subsection 11(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
79 | Crimes (Surveillance Devices) Act 2010 | subsection 11(3) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
80 | Crimes (Surveillance Devices) Act 2010 | subsection 11(4) | Power to make an urgent application for a warrant | Member of the staff of the ACC |
81 | Crimes (Surveillance Devices) Act 2010 | subsection 11(5) | Duty to give information and send sworn affidavit | Member of the staff of the ACC |
82 | Crimes (Surveillance Devices) Act 2010 | subsection 12(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
83 | Crimes (Surveillance Devices) Act 2010 | subsection 12(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
84 | Crimes (Surveillance Devices) Act 2010 | subsections 15(1) to (4) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
85 | Crimes (Surveillance Devices) Act 2010 | subsection 15(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
86 | Crimes (Surveillance Devices) Act 2010 | subsection 16(1) | Power to apply for extension or amendment of a surveillance device warrant | Member of the staff of the ACC |
87 | Crimes (Surveillance Devices) Act 2010 | subsection 16(2) | Duty to comply with requirements for making an application under subsection 16(1) | Member of the staff of the ACC |
88 | Crimes (Surveillance Devices) Act 2010 | subsection 16(3) | Duty to comply with requirements in section 11 for making an application under subsection 14(1) | Member of the staff of the ACC |
89 | Crimes (Surveillance Devices) Act 2010 | subsection 16(3) | Power to make a remote application in accordance with subsection 12(1) | Member of the staff of the ACC |
90 | Crimes (Surveillance Devices) Act 2010 | subsection 16(3) | Duty to transmit an affidavit in accordance with subsection 12(2) | Member of the staff of the ACC |
91 | Crimes (Surveillance Devices) Act 2010 | subsection 18(2) | Duty to ensure that use of a surveillance device under warrant is discontinued if no longer necessary | CEO |
92 | Crimes (Surveillance Devices) Act 2010 | subsection 18(3) | Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued | CEO |
93 | Crimes (Surveillance Devices) Act 2010 | subsection 18(4) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
94 | Crimes (Surveillance Devices) Act 2010 | subsection 19(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
95 | Crimes (Surveillance Devices) Act 2010 | subsections 19(2) and (3) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
96 | Crimes (Surveillance Devices) Act 2010 | subsection 19(4) | Power to make an urgent application for a retrieval warrant | Member of the staff of the ACC |
97 | Crimes (Surveillance Devices) Act 2010 | subsection 19(5) | Duty to provide information and send affidavit | Member of the staff of the ACC |
98 | Crimes (Surveillance Devices) Act 2010 | subsection 20(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
99 | Crimes (Surveillance Devices) Act 2010 | subsection 20(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
100 | Crimes (Surveillance Devices) Act 2010 | section 23 | Power to act in accordance with retrieval warrant | Member of the staff of the ACC |
101 | Crimes (Surveillance Devices) Act 2010 | subsection 24(2) | Power to apply for revocation of retrieval warrant | Member of the staff of the ACC |
102 | Crimes (Surveillance Devices) Act 2010 | subsection 24(5) | Duty to ensure an application is made for revocation of a retrieval warrant if grounds for issue no longer exist | CEO |
103 | Crimes (Surveillance Devices) Act 2010 | subsection 24(6) | Duty to inform chief officer if grounds for issue of retrieval warrant no longer exist | Member of the staff of the ACC |
104 | Crimes (Surveillance Devices) Act 2010 | subsections 25(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 |
105 | Crimes (Surveillance Devices) Act 2010 | subsection 25(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO |
106 | Crimes (Surveillance Devices) Act 2010 | subsection 25(4) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
107 | Crimes (Surveillance Devices) Act 2010 | 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 |
108 | Crimes (Surveillance Devices) Act 2010 | subsection 26(3) | Power to give an emergency authorisation for the use of a surveillance device | CEO |
109 | Crimes (Surveillance Devices) Act 2010 | 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 |
110 | Crimes (Surveillance Devices) Act 2010 | subsection 27(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO |
111 | Crimes (Surveillance Devices) Act 2010 | subsection 27(2) | Duty to comply with requirements for making an application for approval | CEO |
112 | Crimes (Surveillance Devices) Act 2010 | subsection 27(3) | Duty to give information | CEO |
113 | Crimes (Surveillance Devices) Act 2010 | subsection 29(5) | Duty to comply with order specifying how information and records must be dealt with | CEO |
114 | Crimes (Surveillance Devices) Act 2010 | section 31 | Power to execute a corresponding warrant in the jurisdiction | Member of the staff of the ACC |
115 | Crimes (Surveillance Devices) Act 2010 | section 32 | Power to execute a corresponding emergency authorisation in the jurisdiction | Member of the staff of the ACC |
116 | Crimes (Surveillance Devices) Act 2010 | paragraph 35(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
117 | Crimes (Surveillance Devices) Act 2010 | paragraph 35(1)(b) | Duty to destroy records and reports | CEO |
118 | Crimes (Surveillance Devices) Act 2010 | subsections 38(1), (2) and (3) | Duty to give annual report containing certain information to Minister | CEO |
119 | Crimes (Surveillance Devices) Act 2010 | section 39 | Duty to cause documents connected with warrants and emergency authorisations to be kept | CEO |
120 | Crimes (Surveillance Devices) Act 2010 | section 40 | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
121 | Crimes (Surveillance Devices) Act 2010 | section 41 | Duty to keep register of warrants and emergency authorisations, including certain details | CEO |
122 | Crimes (Surveillance Devices) Act 2010 | paragraph 42(2)(c) | Duty to give the ombudsman information | Member of the staff of the ACC |
123 | Crimes (Surveillance Devices) Act 2010 | subsection 42(3) | Duty to ensure that members of the staff of the agency assist the ombudsman | CEO |
124 | Crimes (Surveillance Devices) Act 2010 | subsection 43(1) | Power to issue a written evidentiary certificate | CEO |
125 | Crimes (Surveillance Devices) Act 2010 | subsection 44(2) | Power to delegate functions under the Act to senior officers | CEO |
126 | 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 a member of the staff of the ACC |
127 | Witness Protection Act 1996 | section 23 | Duty and power in relation to disclosure of information | CEO, or a member of the staff of the ACC |
128 | Witness Protection Act 1996 | section 25 | Power to make arrangements with the chief police officer | CEO |
This Act’s bill:Explanatory statement
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