CRIMES ACT 1914

Part IAC - Assumed identities  

Division 2 - Authority for Assumed Identity  

SECTION 15KA   Application for authority to acquire or use assumed identity  

(1)  
A law enforcement officer of a law enforcement agency may apply to the chief officer mentioned in subsection (2) for an authority for the officer or any other person to do either or both of the following:


(a) acquire an assumed identity;


(b) use an assumed identity.

(2)  
An application by a law enforcement officer of a law enforcement agency under subsection (1) is to be made to:


(a) if the person who is to acquire or use the assumed identity is a foreign officer, or the assumed identity is to be used in a foreign country:


(i) if the applicant is a member of the staff of the ACC - the chief officer of the ACC; or

(ii) in any other case - the chief officer of the Australian Federal Police; or


(b) in any other case - the chief officer of the law enforcement agency.

(3)  
An intelligence officer of an intelligence agency may apply to the chief officer of the agency for an authority for the officer or any other person (including a foreign officer) to do either or both of the following:


(a) acquire an assumed identity;


(b) use an assumed identity.

(3A)  
An application may only be made under subsection (3) by an intelligence officer of the Office of National Intelligence ( ONI ) for the purpose of ONI carrying out its function under paragraph 7(1)(g) of the Office of National Intelligence Act 2018 .

(4)  
A separate application must be made in respect of each assumed identity to be acquired or used.

(5)  
An application:


(a) must be in writing in the form approved by the chief officer; and


(b) must contain:


(i) the name of the applicant; and

(ii) the name of the person to be authorised to acquire or use an assumed identity (if not the applicant); and

(iii) if the person referred to in subparagraph (ii) is not an officer of either an intelligence agency or a law enforcement agency or a foreign officer - the name and rank or position of the person proposed to be appointed as supervisor and an explanation of why it is necessary for a person who is not an officer to acquire or use the assumed identity; and

(iv) details of the proposed assumed identity; and

(v) reasons for the need to acquire or use an assumed identity; and

(vi) if the assumed identity is necessary for a purpose mentioned in subparagraph 15KB(2)(a)(i) or (ii) - details of the investigation or intelligence-gathering exercise in which the assumed identity will be used (to the extent known); and

(vii) details of any issuing agencies and the types of evidence to be issued by them; and

(viii) details of any application of a kind referred to in section 15KG (making entries in register of births, deaths or marriages) that is to be made under a corresponding assumed identity law.

(6)  
The chief officer may require the applicant to give such additional information concerning the application as is necessary for the chief officer's proper consideration of the application.

Note:

The chief officer may delegate functions under this section - see section 15LH .




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