Duties, functions and powers conferred on certain persons and bodies by laws of the Northern Territory
8 Duties, functions and powers conferred on certain persons and bodies by laws of the Northern Territory
A duty, function or power under a provision of a law of the Northern 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 Northern Territory | ||||
|---|---|---|---|---|
Item | Law | Provision | Duty, function or power | Person or body |
1 | Police (Special Investigative and Other Powers) Act 2015 | subsection 10(1) | Power to apply for authority to conduct a controlled operation | Member of the staff of the ACC |
2 | Police (Special Investigative and Other Powers) Act 2015 | subsection 10(4) | Duty to provide certain information | Member of the staff of the ACC |
3 | Police (Special Investigative and Other Powers) Act 2015 | subsection 10(5) | Power to require additional information | CEO |
4 | Police (Special Investigative and Other Powers) Act 2015 | subsection 10(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 |
5 | Police (Special Investigative and Other Powers) Act 2015 | subsection 11(1) | Power to authorise or refuse to authorise a controlled operation | CEO |
6 | Police (Special Investigative and Other Powers) Act 2015 | subsection 11(2) | Duty to be satisfied of certain matters | CEO |
7 | Police (Special Investigative and Other Powers) Act 2015 | subsection 12(3) | Duty to include certain details in an authority | CEO |
8 | Police (Special Investigative and Other Powers) Act 2015 | subsection 12(5) | Duty to ensure that written notes are kept of certain matters | CEO |
9 | Police (Special Investigative and Other Powers) Act 2015 | subsections 14(1) and (7) | Power to vary, or to refuse to vary, an authority | CEO |
10 | Police (Special Investigative and Other Powers) Act 2015 | subsection 14(3) | Power to apply for a variation of an authority | Member of the staff of the ACC |
11 | Police (Special Investigative and Other Powers) Act 2015 | subsection 14(6) | Power to require additional information | CEO |
12 | Police (Special Investigative and Other Powers) Act 2015 | subsections 14(8) and (9) | Duty to be satisfied of certain matters | CEO |
13 | Police (Special Investigative and Other Powers) Act 2015 | paragraph 14(10)(b) | Duty to be satisfied of certain matters before granting an urgent amendment of authority | CEO |
14 | Police (Special Investigative and Other Powers) Act 2015 | subsection 14(11) | Duty to ensure that written notes are kept of certain matters and give a formal variation to the applicant | CEO |
15 | Police (Special Investigative and Other Powers) Act 2015 | section 15 | Duty to include certain particulars in a formal variation | CEO |
16 | Police (Special Investigative and Other Powers) Act 2015 | subsection 16(1) | Power to cancel an authority | CEO |
17 | Police (Special Investigative and Other Powers) Act 2015 | subsection 17(1) | Power to engage in stated controlled conduct | Member of the staff of the ACC |
18 | Police (Special Investigative and Other Powers) Act 2015 | subsection 19(2) | Power to apply for retrospective authority | Member of the staff of the ACC |
19 | Police (Special Investigative and Other Powers) Act 2015 | subsection 19(3) | Power to require additional information | CEO |
20 | Police (Special Investigative and Other Powers) Act 2015 | subsection 19(4) | Power to grant or refuse an application for retrospective authority | CEO |
21 | Police (Special Investigative and Other Powers) Act 2015 | subsection 19(5) | Duty to be satisfied of certain matters | CEO |
22 | Police (Special Investigative and Other Powers) Act 2015 | subsection 26(1) | Duty to report loss of or damage to property | Member of the staff of the ACC |
23 | Police (Special Investigative and Other Powers) Act 2015 | subsections 26(2) and (3) | Duty to notify owner of loss or damage in certain circumstances | CEO |
24 | Police (Special Investigative and Other Powers) Act 2015 | subsection 26(4) | Duty to report personal injury | Member of the staff of the ACC |
25 | Police (Special Investigative and Other Powers) Act 2015 | section 29 | Duty to report to chief officer on authorised operation | Member of the staff of the ACC |
26 | Police (Special Investigative and Other Powers) Act 2015 | subsections 30(1) and (2) | Duty to report to Ombudsman on controlled operations conducted during previous 6 months | CEO |
27 | Police (Special Investigative and Other Powers) Act 2015 | subsection 30(3) | Duty to give additional information to Ombudsman | CEO |
28 | Police (Special Investigative and Other Powers) Act 2015 | subsection 31(5) | Duty to advise the Minister of information that should be excluded from the Ombudsman’s annual report before tabling | CEO |
29 | Police (Special Investigative and Other Powers) Act 2015 | section 32 | Duty to cause certain documents to be kept | CEO |
30 | Police (Special Investigative and Other Powers) Act 2015 | section 33 | Duty to cause a general register to be kept and to include certain details in it | CEO |
31 | Police (Special Investigative and Other Powers) Act 2015 | subsection 34(2) | Duty to give information to the Ombudsman | Member of the staff of the ACC |
32 | Police (Special Investigative and Other Powers) Act 2015 | subsection 34(3) | Duty to ensure that members of staff of the agency give the Ombudsman reasonable assistance | CEO |
33 | Police (Special Investigative and Other Powers) Act 2015 | section 35 | Duty to notify the Director of Public Prosecutions if evidence was obtained in an authorised operation | CEO |
34 | Police (Special Investigative and Other Powers) Act 2015 | section 36 | Power to sign evidentiary certificate | CEO |
35 | Police (Special Investigative and Other Powers) Act 2015 | subsection 40(1) | Power to apply for an authority to acquire or use an assumed identity | Member of the staff of the ACC |
36 | Police (Special Investigative and Other Powers) Act 2015 | subsection 40(3) | Duty to include certain particulars in an application for an authority | Member of the staff of the ACC |
37 | Police (Special Investigative and Other Powers) Act 2015 | subsection 40(4) | Power to require additional information | CEO |
38 | Police (Special Investigative and Other Powers) Act 2015 | subsection 41(1) | Power to grant, or refuse an application for, an authority to acquire or use an assumed identity | CEO |
39 | Police (Special Investigative and Other Powers) Act 2015 | subsection 41(2) | Duty not to grant an authority unless satisfied of certain matters | CEO |
40 | Police (Special Investigative and Other Powers) Act 2015 | subsection 41(3) | Duty to appoint a member of the staff of the ACC to supervise acquisition or use of an assumed identity by a person who is not a law enforcement officer | CEO |
41 | Police (Special Investigative and Other Powers) Act 2015 | paragraph 41(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 |
42 | Police (Special Investigative and Other Powers) Act 2015 | paragraph 41(5)(b) | Power to grant an authority that authorises a request to produce and give evidence of an assumed identity | CEO |
43 | Police (Special Investigative and Other Powers) Act 2015 | paragraph 41(5)(c) | Power to grant an authority that authorises the use of an assumed identity in a participating jurisdiction | CEO |
44 | Police (Special Investigative and Other Powers) Act 2015 | subsections 42(2) and (3) | Duty to include certain particulars in an authority | CEO |
45 | Police (Special Investigative and Other Powers) Act 2015 | paragraph 44(1)(a) | Power to vary or cancel an authority | CEO |
46 | Police (Special Investigative and Other Powers) Act 2015 | paragraph 44(1)(b) | Duty to cancel an authority | CEO |
47 | Police (Special Investigative and Other Powers) Act 2015 | subsection 44(2) | Duty to give written notice of variation or cancellation of an authority | CEO |
48 | Police (Special Investigative and Other Powers) Act 2015 | subsection 44(3) | Duty to specify reason for variation or cancellation in notice | CEO |
49 | Police (Special Investigative and Other Powers) Act 2015 | subsections 45(1) and (2) | Duty to review each authority granted under the Act at least once every 12 months | CEO |
50 | Police (Special Investigative and Other Powers) Act 2015 | subsection 45(4) | Duty to cancel an authority | CEO |
51 | Police (Special Investigative and Other Powers) Act 2015 | subsection 45(5) | Duty to record an opinion that use of assumed identity still necessary, and reasons for the opinion, in writing | CEO |
52 | Police (Special Investigative and Other Powers) Act 2015 | paragraphs 46(1)(a) and (b) | Power to apply for an order to make an entry in the Register | CEO |
53 | Police (Special Investigative and Other Powers) Act 2015 | subsection 47(2) | Duty to apply for an order to cancel an entry made in the Register | CEO |
54 | Police (Special Investigative and Other Powers) Act 2015 | subsection 48(2) | 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 |
55 | Police (Special Investigative and Other Powers) Act 2015 | subsection 50(2) | Power to request the chief officer of an issuing agency to produce and give evidence of an assumed identity | CEO |
56 | Police (Special Investigative and Other Powers) Act 2015 | subsection 53(1) | Power to direct the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
57 | Police (Special Investigative and Other Powers) Act 2015 | subsection 57(1) | Power to acquire or use an assumed identity | Member of the staff of the ACC |
58 | Police (Special Investigative and Other Powers) Act 2015 | subsection 63(2) | Power to require the chief officer of an issuing agency to cancel evidence of an assumed identity | CEO |
59 | Police (Special Investigative and Other Powers) Act 2015 | subsection 69(1) | Duty to provide an annual report to the Minister including certain information about authorities for assumed identities | CEO |
60 | Police (Special Investigative and Other Powers) Act 2015 | subsection 69(2) | Duty to advise the Minister of information in the report that should be excluded before the report is tabled | CEO |
61 | Police (Special Investigative and Other Powers) Act 2015 | section 70 | Duty to cause appropriate records, including certain details, about the operation of the Act to be kept | CEO |
62 | Police (Special Investigative and Other Powers) Act 2015 | subsection 71(1) | Duty to arrange for records to be audited | CEO |
63 | Police (Special Investigative and Other Powers) Act 2015 | subsection 71(2) | Power to appoint auditor | CEO |
64 | Police (Special Investigative and Other Powers) Act 2015 | subsection 76(1) | Power to give a witness identity protection certificate | CEO |
65 | Police (Special Investigative and Other Powers) Act 2015 | subsection 76(2) | Duty to make all reasonable enquiries | CEO |
66 | Police (Special Investigative and Other Powers) Act 2015 | subsection 77(1) | Duty to state certain information in a witness identity protection certificate | CEO |
67 | Police (Special Investigative and Other Powers) Act 2015 | subsection 77(2) | Duty not to state certain information in a witness identity protection certificate | CEO |
68 | Police (Special Investigative and Other Powers) Act 2015 | subsection 83(2) | Duty to cancel a witness identity protection certificate in certain circumstances | CEO |
69 | Police (Special Investigative and Other Powers) Act 2015 | subsection 83(3) | Duty to give notice that a witness identity protection certificate has been cancelled | CEO |
70 | Police (Special Investigative and Other Powers) Act 2015 | subsection 84(2) | Power to permit a person to give information | CEO |
71 | Police (Special Investigative and Other Powers) Act 2015 | subsection 84(3) | Duty to include certain information in the permission | CEO |
72 | Police (Special Investigative and Other Powers) Act 2015 | subsection 86(1) | Duty to submit an annual report to the Minister | CEO |
73 | Police (Special Investigative and Other Powers) Act 2015 | subsection 86(2) | Duty to include certain information in annual report | CEO |
74 | Police (Special Investigative and Other Powers) Act 2015 | subsection 86(3) | Duty not to include certain information in annual report | CEO |
75 | Police (Special Investigative and Other Powers) Act 2015 | subsections 95(3), (4) and (6) | Power to delegate functions to senior officers | CEO |
76 | Surveillance Devices Act 2007 | subsection 19(1) | Power to apply for a surveillance device warrant | Member of the staff of the ACC |
77 | Surveillance Devices Act 2007 | subsections 19(2) and (3) | Duty to comply with requirements for making an application for a surveillance device warrant | Member of the staff of the ACC |
78 | Surveillance Devices Act 2007 | subsection 19(4) | Power to make an urgent application for a warrant | Member of the staff of the ACC |
79 | Surveillance Devices Act 2007 | subsection 19(5) | Duty to give information and send sworn affidavit | Member of the staff of the ACC |
80 | Surveillance Devices Act 2007 | subsection 19(6) | Duty to give further information as required | Member of the staff of the ACC |
81 | Surveillance Devices Act 2007 | subsection 20(1) | Power to make a remote application for a surveillance device warrant | Member of the staff of the ACC |
82 | Surveillance Devices Act 2007 | subsection 20(3) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
83 | Surveillance Devices Act 2007 | subsections 23(1) to (4) | Power to act in accordance with a surveillance device warrant | Member of the staff of the ACC |
84 | Surveillance Devices Act 2007 | subsection 23(5) | Duty to use a surveillance device under a warrant only in the performance of duty | Member of the staff of the ACC |
85 | Surveillance Devices Act 2007 | subsection 24(1) | Power to apply for extension or variation of surveillance device warrant | Member of the staff of the ACC |
86 | Surveillance Devices Act 2007 | subsections 24(2) and (3) | Duty to comply with requirements for making an application | Member of the staff of the ACC |
87 | Surveillance Devices Act 2007 | subsection 26(2) | Duty to ensure that use of a surveillance device under warrant is discontinued, and an application is made for revocation of the warrant, if no longer necessary | CEO |
88 | Surveillance Devices Act 2007 | subsection 26(3) | Duty to ensure that use of a surveillance device authorised by a revoked warrant is discontinued | CEO |
89 | Surveillance Devices Act 2007 | subsection 26(4) | Duty to inform chief officer if use of surveillance device under warrant is no longer necessary | Member of the staff of the ACC |
90 | Surveillance Devices Act 2007 | subsection 27(1) | Power to apply for a retrieval warrant | Member of the staff of the ACC |
91 | Surveillance Devices Act 2007 | subsections 27(2) and (3) | Duty to comply with requirements for making an application for a retrieval warrant | Member of the staff of the ACC |
92 | Surveillance Devices Act 2007 | subsection 27(4) | Power to make an urgent application for a retrieval warrant | Member of the staff of the ACC |
93 | Surveillance Devices Act 2007 | subsection 27(5) | Duty to provide information and send affidavit | Member of the staff of the ACC |
94 | Surveillance Devices Act 2007 | subsection 28(1) | Power to make a remote application for a retrieval warrant | Member of the staff of the ACC |
95 | Surveillance Devices Act 2007 | subsection 28(2) | Duty to transmit an affidavit in certain circumstances | Member of the staff of the ACC |
96 | Surveillance Devices Act 2007 | section 31 | Power to act in accordance with a retrieval warrant | Member of the staff of the ACC |
97 | Surveillance Devices Act 2007 | paragraph 32(2)(b) | Power to apply for revocation of a retrieval warrant | Member of the staff of the ACC |
98 | Surveillance Devices Act 2007 | subsection 32(6) | Duty to ensure an application is made for revocation of a retrieval warrant if grounds for issue no longer exist | CEO |
99 | Surveillance Devices Act 2007 | subsection 32(7) | Duty to inform chief officer if grounds for issue of retrieval warrant no longer exist | Member of the staff of the ACC |
100 | Surveillance Devices Act 2007 | sections 33 and 34 | 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 |
101 | Surveillance Devices Act 2007 | section 35 | Power to give an emergency authorisation for the use of a surveillance device | CEO |
102 | Surveillance Devices Act 2007 | subsection 36(1) | Power to act in accordance with emergency authorisation for the use of a surveillance device | Member of the staff of the ACC |
103 | Surveillance Devices Act 2007 | subsection 37(1) | Duty to apply for approval of the exercise of powers under an emergency authorisation | CEO |
104 | Surveillance Devices Act 2007 | subsection 37(2) | Duty to comply with requirements for making an application for approval | CEO |
105 | Surveillance Devices Act 2007 | subsection 37(3) | Duty to give information | CEO |
106 | Surveillance Devices Act 2007 | subsection 39(5) | Duty to comply with order specifying how information and records must be dealt with | CEO |
107 | Surveillance Devices Act 2007 | section 49 | Power to execute a corresponding warrant in the jurisdiction | Member of the staff of the ACC |
108 | Surveillance Devices Act 2007 | section 50 | Power to execute a corresponding emergency authorisation in the jurisdiction | Member of the staff of the ACC |
109 | Surveillance Devices Act 2007 | paragraph 55(1)(a) | Duty to ensure that records and reports are kept securely | CEO |
110 | Surveillance Devices Act 2007 | paragraph 55(1)(b) | Duty to destroy records and reports | CEO |
111 | Surveillance Devices Act 2007 | subsections 58(1) to (3) | Duty to report to the Judge who issued a warrant, including certain particulars | Member of the staff of the ACC |
112 | Surveillance Devices Act 2007 | subsection 58(4) | Duty to deal with information in accordance with the Judge’s order | Member of the staff of the ACC |
113 | Surveillance Devices Act 2007 | subsection 59(1) | Duty to give annual report containing certain information to Minister | CEO |
114 | Surveillance Devices Act 2007 | section 60 | Duty to keep documents connected with warrants and emergency authorisations | CEO |
115 | Surveillance Devices Act 2007 | section 61 | Duty to keep other records in connection with warrants and emergency authorisations | CEO |
116 | Surveillance Devices Act 2007 | section 62 | Duty to keep register of warrants and emergency authorisations, including certain details | CEO |
117 | Surveillance Devices Act 2007 | subsection 63(2) | Duty to allow the Ombudsman to enter agency premises, give the Ombudsman full and free access to records and give the Ombudsman information | CEO, or a member of the staff of the ACC |
118 | Surveillance Devices Act 2007 | subsection 63(3) | Duty to ensure that members of the staff of the ACC assist the Ombudsman | CEO |
119 | Surveillance Devices Act 2007 | subsection 71(1) | Power to issue a written evidentiary certificate | CEO |
120 | Witness Protection (Northern Territory) Act 2002 | subsection 8(1) | Power to request that a witness or family member be included in the Territory Witness Protection Program | CEO |
121 | Witness Protection (Northern Territory) Act 2002 | 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 |
122 | Witness Protection (Northern Territory) Act 2002 | subsection 14(3) | Duty to comply with requirements for making an application under subsection 14(2) | CEO |
123 | Witness Protection (Northern Territory) Act 2002 | section 18 | Power to give a certificate to the Registrar | CEO |
124 | Witness Protection (Northern Territory) Act 2002 | subsection 26(1) | Power to apply to the Supreme Court for an order to restore the former identity of a person | CEO |
125 | Witness Protection (Northern Territory) Act 2002 | 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 |
126 | Witness Protection (Northern Territory) Act 2002 | section 30 | Power to make arrangements with the Commissioner of Police | CEO |
127 | Witness Protection (Northern Territory) Act 2002 | subsection 33(2) | Power to disclose the former identity of a person | CEO, or a member of the staff of the ACC |
128 | Witness Protection (Northern Territory) Act 2002 | paragraph 34(2)(a) | Power to authorise a disclosure or communication of information | CEO |
This Act’s bill:Explanatory statement
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