CRIMES ACT 1914

Part IAC - Assumed identities  

Division 2 - Authority for Assumed Identity  

SECTION 15KE   Variation or cancellation of authority  

(1)  
The chief officer of an agency:


(a) may, at any time, vary or cancel an authority that was granted by the chief officer of the agency; and


(b) must cancel the authority if the chief officer is satisfied (on a review under section 15KF or otherwise) that use of the assumed identity is no longer necessary.

Note:

Section 15KW modifies the effect of this provision if control of the authority is transferred.

(2)  
The chief officer must give written notice of the variation or cancellation to:


(a) where practicable, the authorised person to whom it relates; and


(b) if the authorised person is an authorised civilian - the authorised person's supervisor.

(3)  
The notice must state why the authority is varied or cancelled.

(4)  
The variation or cancellation takes effect:


(a) if the written notice is given to the authorised person and the authorised person is not an authorised civilian - on the day the written notice is given to the authorised person or, if a later day is stated in the notice, on the later day; or


(b) if the authorised person is an authorised civilian and the written notice is given to the authorised person's supervisor - on the day the written notice is given to the authorised person's supervisor or, if a later day is stated in the notice, on the later day; or


(c) in any other case - on the day stated in the notice.

Note 1:

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

Note 2:

Despite the variation or cancellation of an authority, a person is, in certain circumstances, protected from prosecution for offences even if the person is unaware of the variation or cancellation - see section 15KU .

(5)  
A variation of an authority is not a legislative instrument.




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