CRIMES ACT 1914

Part IAC - Assumed identities  

Division 4 - Effect of Authority  

SECTION 15KV   Transfer of control of authorities  

(1)  
The chief officer of an intelligence agency (the originating agency ) may agree in writing with the chief officer of another intelligence agency (the receiving agency ) to transfer control of an authority to the chief officer of the receiving agency if:


(a) the authority was granted by the chief officer of the originating agency; or


(b) control of the authority was transferred to the chief officer of the originating agency under a previous application of this subsection.

Note:

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

(2)  
The chief officer of a law enforcement agency (the originating agency ) may agree in writing with the chief officer of another law enforcement agency (the receiving agency ) to transfer control of an authority to the chief officer of the receiving agency if:


(a) the authority was granted by the chief officer of the originating agency; or


(b) control of the authority was transferred to the chief officer of the originating agency under a previous application of this subsection.

Note:

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

(3)  
The chief officer of the originating agency must give the chief officer of the receiving agency a written document setting out:


(a) whether the authority has been reviewed under section 15KF , and if so, when a review was last conducted; and


(b) whether control of the authority has previously been transferred under this section, and if so:


(i) the date of each such transfer; and

(ii) the name of the originating agency and receiving agency in relation to each such transfer.

(4)  
Control of the authority is transferred at the time when the chief officer of the receiving agency signs and dates a copy of the authority.

(5)  
Despite subsection (4), if the authority relates to an authorised civilian, control of the authority is not transferred until the chief officer of the receiving agency appoints an officer of that agency to be the authorised civilian's supervisor.

(6)  
The chief officer of the receiving agency must vary the authority in accordance with section 15KE to state the name of the supervisor appointed under subsection (5).

(7)  
Control of an authority must not be transferred under this section if:


(a) the person who is to acquire or use the assumed identity, or who has acquired or used the assumed identity, is a foreign officer authorised to acquire or use the assumed identity by the chief officer of a law enforcement agency; or


(b) the assumed identity is to be, is being or has been used in a foreign country and the authority was granted by the chief officer of a law enforcement agency.




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