CRIMES ACT 1914

Part IAC - Assumed identities  

Division 2 - Authority for Assumed Identity  

SECTION 15KB   Determination of applications  

(1)  
After considering an application for an authority to acquire or use an assumed identity, and any additional information under subsection 15KA(6) , the chief officer:


(a) may grant an authority to acquire or use the assumed identity, either unconditionally or subject to conditions; or


(b) may refuse the application.

(2)  
An authority to acquire or use an assumed identity may not be granted unless the chief officer is satisfied on reasonable grounds:


(a) that the assumed identity is necessary for one or more of the following purposes:


(i) investigation of, or intelligence gathering in relation to, criminal activity (whether a particular criminal activity or criminal activity generally);

(ii) the exercise of powers and performance of functions of an intelligence agency;

(iii) the exercise of powers and performance of functions for the purposes of the National Witness Protection Program;

(iv) the training of persons for any of the purposes mentioned in subparagraphs (i) to (iii);

(v) any administrative function in support of any of the purposes mentioned in subparagraphs (i) to (iv); and


(b) that the risk of abuse of the assumed identity by the authorised person is minimal; and


(c) if the application is for authorisation of an assumed identity for a person who is not an officer of either an intelligence agency or a law enforcement agency - that it would be impossible or impracticable in the circumstances for an officer to acquire or use the assumed identity for the purpose sought.

(3)  
If an authority is granted for an authorised civilian, the chief officer must appoint an officer of the law enforcement agency or the intelligence agency (as the case may be) to supervise the acquisition or use of the assumed identity by the authorised civilian.

(4)  
The officer appointed as supervisor must be:


(a) in the case of the Australian Federal Police - a person who holds the rank of sergeant or an equivalent or higher rank; or


(b) in the case of the Immigration and Border Protection Department - an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, in that Department; or


(c) in the case of the ACC - a person who holds the position, or performs the duties, of either a senior investigator or of an APS Executive Level 1 position, or an equivalent or higher position, in the ACC; or


(d) in the case of the Australian Commission for Law Enforcement Integrity - a staff member of the Australian Commission for Law Enforcement Integrity who is authorised in writing by the Integrity Commissioner to act as a supervisor; or


(e) in the case of the Australian Taxation Office - a person who holds the position, or performs the duties, of an APS Executive Level 2 position, or an equivalent or higher position, in the Australian Taxation Office; or


(f) in the case of the Australian Security Intelligence Organisation - a person who holds the position, or performs the duties, of an ASIO Executive Officer Level 1 position, or an equivalent or higher position, in the Australian Security Intelligence Organisation; or


(g) in the case of the Australian Secret Intelligence Service - an intelligence officer of the Australian Secret Intelligence Service who is determined by the Director-General of the Australian Secret Intelligence Service; or


(h) in the case of the Office of National Intelligence - a person who holds the position, or performs the duties, of an APS Executive Officer Level 1 position, or an equivalent or higher position, in the Office of National Intelligence.

(5)  
An authority may also authorise any one or more of the following:


(a) an application of a kind referred to in section 15KG for an order for an entry in a register of births, deaths or marriages under a corresponding assumed identity law;


(b) a request under section 15KI or 15KX ;


(c) the use of an assumed identity in a foreign country.

(6)  
However, the chief officer of the ACC, the chief officer of the Australian Federal Police or the chief officer of an intelligence agency may only authorise the use of the assumed identity in a foreign country if he or she is satisfied that it is reasonably necessary to do so.

Note:

This subsection does not affect any obligation to obtain authority to use the assumed identity in the foreign country.

(7)  
A separate authority is required for each assumed identity.

Note:

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

(8)  
An authority is not a legislative instrument.




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