CRIMES ACT 1914

Part IAC - Assumed identities  

Division 4 - Effect of Authority  

SECTION 15KW   Consequences of transfer of control of authorities  

(1)  
This section sets out the consequences of the transfer of control of an authority under section 15KV .

(2)  
The authority continues to be in force after the transfer.

(3)  
The following provisions have effect, after the transfer, as if the chief officer of the receiving agency had granted the authority instead of the chief officer of the originating agency:


(a) section 15KE (which deals with variation and cancellation of authorities);


(b) section 15KF (which deals with review of authorities);


(c) sections 15KI and 15KX (which deal with requests for evidence of assumed identities).

(4)  
To avoid doubt, the obligation under section 15KF , as that section has effect because of subsection (3), for the chief officer of the receiving agency to review the authority, only arises:


(a) in the case of an authority transferred under subsection 15KV(1) :


(i) 3 years after the last review of the authority by the chief officer of an intelligence agency; or

(ii) if no such review has been undertaken - 3 years after the authority was granted; and


(b) in the case of an authority transferred under subsection 15KV(2) :


(i) 12 months after the last review of the authority by the chief officer of a law enforcement agency; or

(ii) if no such review has been undertaken - 12 months after the authority was granted.

(5)  
Section 15KL (which deals with cancellation of evidence of assumed identity) has effect as if the chief officer of the receiving agency had made the request under section 15KI .


 

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