{"id":"a-2009-33","name":"Crimes (Assumed Identities) Act 2009","slug":"crimes-assumed-identities-act-2009","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"33 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23311,"registerId":"act-a-2009-33-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Assumed Identities) Act 2009","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Assumed Identities) Act 2009\nA2009-33\nRepublication No 7\nEffective: 17 December 2021\nRepublication date: 17 December 2021\nLast amendment made by A2021-33\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Crimes (Assumed Identities) Act 2009 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n17 December 2021. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 17 December 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Assumed Identities) Act 2009\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Purpose of Act 3\n7 Relationship to other laws 3\nPart 2 Authority to acquire or use assumed identity\n8 Application for authority 4\n9 Decision on application for authority 5\n10 Authorised civilian’s authority not longer than 3 months 6\n11 Authorised civilian’s supervisor 6\n12 Form of authority 7\n13 Period of authority 8\n\nContents\nPage\ncontents 2 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Amendment or cancellation of authority 8\n15 Review of authority granted to authorised officer 9\n16 Making entries in register of births, deaths or marriages 9\n17 Cancellation of authority affecting entry in register of births, deaths or\nmarriages 10\n18 Cancelling entries in register of births, deaths or marriages 11\nPart 3 Evidence of assumed identity\n19 Request for evidence of assumed identity 12\n20 Government issuing agency to comply with request 13\n21 Non-government issuing agency may comply with request 13\n22 Cancellation of evidence of assumed identity 13\n23 Protection from criminal responsibility—officers of issuing agencies 13\n24 Protection from criminal responsibility for certain ancillary conduct 14\n25 Protection from civil liability—issuing agencies and officers 14\nPart 4 Effect of authority\n26 Assumed identity may be acquired and used 16\n27 Protection from criminal responsibility—authorised people 17\n28 Protection from civil liability—authorised people 17\n29 Particular qualifications 18\n30 Effect of being unaware of amendment or cancellation of authority 18\nPart 5 Mutual recognition under corresponding laws\n31 Request to participating jurisdiction for evidence of assumed identity 20\n32 Request from participating jurisdiction for evidence of assumed identity 20\n33 Direction from participating jurisdiction to cancel evidence of assumed\nidentity 21\n34 Protection from civil liability—issuing agencies and officers of\nparticipating jurisdictions 21\n35 Application of Act to corresponding authorities 22\nPart 6 Compliance and monitoring\nDivision 6.1 Misuse of assumed identity and information\n36 Misuse of assumed identity 23\n37 Unauthorised disclosure of information about assumed identity 25\n\nContents\nPage\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 6.2 Reporting and record keeping\n38 Report about authorities for assumed identities etc 27\n39 Record keeping 28\n40 Audit of records 29\nDivision 6.3 Inspection\n41 Inspection of records by ombudsman 29\nPart 7 Miscellaneous\n42 Delegation 31\n43 Regulation-making power 32\nDictionary 33\nEndnotes\n1 About the endnotes 37\n2 Abbreviation key 37\n3 Legislation history 38\n4 Amendment history 40\n5 Earlier republications 41\n\n\n\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Assumed Identities) Act 2009\nAn Act to provide for the lawful acquisition and use of assumed identities for law\nenforcement purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Crimes (Assumed Identities) Act 2009.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘controlled operation—see the\nCrimes (Controlled Operations) Act 2008, dictionary.’ means that the\nterm ‘controlled operation’ is defined in that dictionary and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Purpose of Act\n(1) The main purpose of this Act is to facilitate, for law enforcement\npurposes, investigations and intelligence gathering in relation to\ncriminal activity and corrupt conduct, including investigations\nextending beyond the ACT.\n(2) The purpose is to be achieved mainly by—\n(a) providing for the lawful acquisition and use of assumed\nidentities; and\n(b) facilitating mutual recognition of things done in relation to\nassumed identities under corresponding laws.\n7 Relationship to other laws\nThe following Acts do not apply in relation to activities, documents,\nand records under this Act:\n(a) the Freedom of Information Act 2016;\n(b) the Territory Records Act 2002.\n\nPart 2 Authority to acquire or use assumed identity\nSection 8\npage 4 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Authority to acquire or use\nassumed identity\n8 Application for authority\n(1) A law enforcement officer of a law enforcement agency may apply to\nthe chief officer of the agency for an authority for the law\nenforcement officer, or someone else, to do either or both of the\nfollowing:\n(a) acquire an assumed identity;\n(b) use an assumed identity.\n(2) A separate application must be made for each assumed identity to be\nacquired or used.\n(3) An application must be in writing in the form approved by the chief\nofficer.\n(4) An application must contain—\n(a) the applicant’s name; and\n(b) if someone other than the applicant is to be authorised to acquire\nor use an assumed identity—the person’s name; and\n(c) if the person mentioned in paragraph (b) is not a law\nenforcement officer—the name and rank or position of the law\nenforcement officer proposed to be appointed as the person’s\nsupervisor, and an explanation of why it is necessary for a\nperson who is not a law enforcement officer to acquire or use an\nassumed identity; and\n(d) details of the proposed assumed identity; and\n(e) reasons for the need to acquire or use an assumed identity; and\n(f) details (to the extent known) of the investigation or intelligence-\ngathering exercise in which the assumed identity will be used;\nand\n\nAuthority to acquire or use assumed identity Part 2\nSection 9\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) details of the issuing agencies (if any) and the kinds of evidence\nto be issued by them; and\n(h) details of any application to be made for an order under\nsection 16 (Making entries in register of births, deaths or\nmarriages) in relation to the assumed identity.\n(5) The chief officer may require the applicant to give the chief officer\nthe additional information the chief officer reasonably needs to decide\nthe application.\nNote The chief officer may delegate a function under this section (see s 42).\n9 Decision on application for authority\n(1) After considering an application for an authority to acquire or use an\nassumed identity, and any additional information given under section\n8 (5), the chief officer of a law enforcement agency may—\n(a) grant an authority to acquire or use the assumed identity, with or\nwithout conditions; or\n(b) refuse the application.\n(2) The chief officer must not grant an authority to acquire or use an\nassumed identity unless satisfied on reasonable grounds that—\n(a) the assumed identity is necessary for the purposes of an\ninvestigation or intelligence gathering in relation to criminal\nactivity or corrupt conduct; and\n(b) the risk of abuse of the assumed identity by the authorised\nperson is minimal; and\n(c) if the application is for authorisation of an assumed identity for\na person who is not a law enforcement officer—it would be\nimpossible or impracticable in the circumstances for a law\nenforcement officer to acquire or use the assumed identity for\nthe purpose sought.\n\nPart 2 Authority to acquire or use assumed identity\nSection 10\npage 6 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An authority may also authorise 1 or more of the following:\n(a) an application for an order for an entry in a register of births,\ndeaths or marriages under section 16 (Making entries in register\nof births, deaths or marriages) or a corresponding law;\n(b) a request under section 19 (Request for evidence of assumed\nidentity) or section 31 (Request to participating jurisdiction for\nevidence of assumed identity);\n(c) the use of an assumed identity in a participating jurisdiction.\n(4) A separate authority is required for each assumed identity.\nNote The chief officer may delegate a function under this section (see s 42).\n10 Authorised civilian’s authority not longer than 3 months\nThe chief officer must not grant an authority for an authorised civilian\nfor longer than 3 months.\n11 Authorised civilian’s supervisor\n(1) This section applies if the chief officer of a law enforcement agency\ngrants an authority for an authorised civilian.\n(2) The chief officer must appoint a law enforcement officer of the\nagency to supervise the acquisition or use of the assumed identity by\nthe authorised civilian.\n(3) The law enforcement officer appointed as supervisor must be—\n(a) for the Australian Federal Police—of or above the rank of\nsergeant; and\n(b) for the Australian Crime Commission—of or above the rank of\nsenior investigator; and\n(c) for the integrity commission—a position of the integrity\ncommission prescribed by regulation.\n\nAuthority to acquire or use assumed identity Part 2\nSection 12\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Form of authority\n(1) An authority must be—\n(a) in writing in the form approved by the chief officer; and\n(b) signed by the person granting it.\n(2) An authority must state the following:\n(a) the name of the person granting the authority;\n(b) the date on which the authority comes into effect;\n(c) details of the assumed identity under the authority;\n(d) details of any evidence of the assumed identity that may be\nacquired under the authority;\n(e) the conditions (if any) to which the authority is subject;\n(f) why the authority is granted;\n(g) if the authority relates to an authorised officer—the authorised\nofficer’s name;\n(h) if the authority relates to an authorised civilian—\n(i) the authorised civilian’s name; and\n(ii) the name of the authorised civilian’s supervisor under the\nauthority; and\n(iii) the period the authority is in force.\nNote An authorised civilian’s authority must not be for longer than\n3 months (see s 10).\n(3) The authority must also state the following:\n(a) each issuing agency to which a request may be made under\nsection 19 (Request for evidence of assumed identity) or\nsection 31 (Request to participating jurisdiction for evidence of\nassumed identity);\n\nPart 2 Authority to acquire or use assumed identity\nSection 13\npage 8 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) whether it authorises an application for an order for an entry in\na register of births, deaths or marriages under section 16\n(Making entries in register of births, deaths or marriages) or a\ncorresponding law;\n(c) each participating jurisdiction in which an assumed identity may\nbe used.\nNote The chief officer may delegate a function under this section (see s 42).\n13 Period of authority\n(1) An authority for an authorised officer is in force until cancelled under\nsection 14.\n(2) An authority for an authorised civilian is in force until—\n(a) the end of the period stated in the authority; or\n(b) if the authority is cancelled under section 14—the day the\nauthority is cancelled.\n14 Amendment or cancellation of authority\n(1) The chief officer of a law enforcement agency who grants an\nauthority—\n(a) may amend or cancel the authority at any time; and\n(b) must cancel the authority if satisfied on reasonable grounds (on\na review under section 15 or otherwise) that use of the assumed\nidentity under the authority is no longer necessary.\n(2) The chief officer must give written notice of the amendment or\ncancellation to—\n(a) the authorised person to whom the authority relates; and\n(b) if the authorised person is an authorised civilian—the authorised\nperson’s supervisor.\n(3) The notice must state why the authority is amended or cancelled.\n\nAuthority to acquire or use assumed identity Part 2\nSection 15\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The amendment or cancellation takes effect on—\n(a) the day the written notice is given to the authorised person; or\n(b) if the notice states a later date of effect—the stated date.\nNote The chief officer may delegate a function under this section (see s 42).\n15 Review of authority granted to authorised officer\n(1) The chief officer of a law enforcement agency must review each\nauthority granted to an authorised officer by the chief officer, and in\nforce, under this Act to decide whether use of the assumed identity\nunder the authority is still necessary.\nNote An authority granted by a delegate of a chief officer is taken to have been\ngranted by the chief officer (see Legislation Act, s 239 (4)).\n(2) The review must happen at least once every 12 months.\n(3) If the chief officer is satisfied on reasonable grounds on a review that\nuse of the assumed identity under the authority is no longer necessary,\nthe chief officer must cancel the authority under section 14.\n(4) If the chief officer is satisfied on reasonable grounds on a review that\nuse of the assumed identity under the authority is still necessary, the\nchief officer must record the chief officer’s opinion, and the reasons\nfor it, in writing.\nNote The chief officer may delegate a function under this section (see s 42).\n16 Making entries in register of births, deaths or marriages\n(1) The Supreme Court may order the registrar-general to make an entry\nin the register under the Births, Deaths and Marriages Registration\nAct 1997 in relation to the acquisition of an assumed identity under\nan authority or corresponding authority.\n(2) The court may make the order only—\n(a) on application by—\n(i) the chief officer of a law enforcement agency; or\n\nPart 2 Authority to acquire or use assumed identity\nSection 17\npage 10 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the chief officer of a law enforcement agency under a\ncorresponding law; or\n(iii) the chief officer of an intelligence agency; and\n(b) if satisfied that the order is justified having regard to the kind of\nactivities undertaken or to be undertaken by the officer or person\nunder the authority or corresponding authority.\n(3) The application must be heard in closed court.\n(4) The registrar-general must give effect to an order—\n(a) within the period stated in the order; or\n(b) if no period is stated in the order—within 28 days after the day\nthe order is made.\nNote The chief officer may delegate a function under this section (see s 42).\n(5) The registrar-general must give the chief officer who applied for the\norder a certificate under the Births, Deaths and Marriages\nRegistration Act 1997 in relation to the entry made in the register\nunder the order.\n17 Cancellation of authority affecting entry in register of\nbirths, deaths or marriages\n(1) This section applies if—\n(a) the chief officer of a law enforcement agency or intelligence\nagency cancels an authority for an assumed identity; and\n(b) there is an entry in relation to the identity—\n(i) in the register under the Births, Deaths and Marriages\nRegistration Act 1997 because of an order under\nsection 16; or\n(ii) in a register of births, deaths or marriages in a participating\njurisdiction because of an order under a corresponding law\nof the jurisdiction.\n\nAuthority to acquire or use assumed identity Part 2\nSection 18\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If subsection (1) (b) (i) applies, the chief officer must apply for an\norder under section 18 within 28 days after the day the authority is\ncancelled.\n(3) If subsection (1) (b) (ii) applies, the chief officer must apply for an\norder under the corresponding law to cancel the entry within 28 days\nafter the day the authority is cancelled.\n18 Cancelling entries in register of births, deaths or\nmarriages\n(1) The Supreme Court may order the registrar-general to cancel an entry\nthat has been made in the register under the Births, Deaths and\nMarriages Registration Act 1997 because of an order under\nsection 16.\n(2) The court may make the order only on application by the chief officer\nmentioned in section 17.\n(3) The application must be heard in closed court.\n(4) The registrar-general must give effect to the order within 28 days after\nthe day the order is made.\n(5) The chief officer who applied for the order must return to the\nregistrar-general any certificate relating to the entry in the register that\nwas given by the registrar-general in accordance with section 16 (5).\n\nPart 3 Evidence of assumed identity\nSection 19\npage 12 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Evidence of assumed identity\n19 Request for evidence of assumed identity\n(1) This section applies if an authority authorises a request under this\nsection.\nNote Authority means an authority granted under s 9 to acquire and use an\nassumed identity, and includes the authority as amended under s 14 (see\ndict).\n(2) The chief officer of a law enforcement agency who grants the\nauthority may ask the chief officer of an issuing agency stated in the\nauthority to—\n(a) produce evidence of an assumed identity in accordance with the\nauthority; and\n(b) give evidence of the assumed identity to the authorised person\nstated in the authority.\nExample—produce evidence of identity\nThe assumed identity is Emmy Morgan. An issuing agency creates a driver’s\nlicence in the name of Emmy Morgan.\n(3) The request must state a reasonable period for compliance with the\nrequest.\n(4) A request must not be made under this section for an entry in the\nregister under the Births, Deaths and Marriages Registration\nAct 1997 or a certificate under that Act in relation to the entry.\nNote Section 16 deals with entries in the register and related certificates.\n(5) In this section:\nevidence means evidence of identity similar to that ordinarily\nproduced or given by the issuing agency.\nNote 1 Evidence of identity—see the dictionary.\nNote 2 The chief officer may delegate a function under this section (see s 42).\n\nEvidence of assumed identity Part 3\nSection 20\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Government issuing agency to comply with request\nThe chief officer of a government issuing agency who receives a\nrequest under section 19 must comply with the request within the\nreasonable period stated in the request.\n21 Non-government issuing agency may comply with\nrequest\nThe chief officer of a non-government issuing agency who receives a\nrequest under section 19 may comply with the request.\n22 Cancellation of evidence of assumed identity\n(1) This section applies if the chief officer of an issuing agency produces\nevidence of an assumed identity under this part.\n(2) The chief officer of the issuing agency must cancel the evidence if\ngiven a written direction to do so by the chief officer of a law\nenforcement agency or intelligence agency who asked for the\nevidence.\n(3) In this section:\ncancel includes delete or alter an entry in a record of information.\n23 Protection from criminal responsibility—officers of\nissuing agencies\n(1) This section applies if the chief officer or an officer of an issuing\nagency engages in conduct that would, apart from this section, be an\noffence.\nNote An issuing agency may be government or non-government (see dict).\n(2) The chief officer or officer is not criminally responsible for the\noffence if the conduct is engaged in to comply with a request under\nsection 19 or a direction under section 22.\n\nPart 3 Evidence of assumed identity\nSection 24\npage 14 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Protection from criminal responsibility for certain\nancillary conduct\n(1) This section applies to conduct (ancillary conduct) for which a\nperson may be criminally responsible because it involves conduct\nengaged in by someone else for which the other person would (apart\nfrom section 23) be criminally responsible (the related conduct).\nExamples—ancillary conduct\n1 aiding and abetting (see Criminal Code, s 45)\n2 conspiracy (see Criminal Code, s 48)\n(2) Despite any other territory law, a person who engages in ancillary\nconduct that is an offence (whether or not the person is an authorised\nperson or officer of an issuing agency) is not criminally responsible\nfor the offence if, at the time the person engaged in the ancillary\nconduct, the person believed the related conduct was being engaged\nin, or would be engaged in, by the chief officer or an officer of an\nissuing agency.\nNote An issuing agency may be government or non-government (see dict).\n25 Protection from civil liability—issuing agencies and\nofficers\n(1) This section applies if the chief officer of a law enforcement agency\nmakes a request under section 19 (Request for evidence of assumed\nidentity) of, or gives a direction under section 22 (Cancellation of\nevidence of assumed identity) to, the chief officer of an issuing\nagency.\nNote An issuing agency may be government or non-government (see dict).\n(2) The issuing agency, or an officer of the issuing agency, is not civilly\nliable for conduct engaged in honestly and without recklessness if—\n(a) the conduct is engaged in by the agency or officer—\n(i) to comply with the request or direction in the course of\nduty; or\n\nEvidence of assumed identity Part 3\nSection 25\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) in the reasonable belief that the conduct was engaged in to\ncomply with the request or direction in the course of duty;\nand\n(b) the requirements (if any) prescribed by regulation have been\nmet.\n(3) Any civil liability (including reasonable costs) that would, apart from\nthis section, attach to the issuing agency or officer attaches instead to\nthe law enforcement agency.\n\nPart 4 Effect of authority\nSection 26\npage 16 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Effect of authority\n26 Assumed identity may be acquired and used\n(1) An authorised officer may acquire an assumed identity if the\nacquisition is—\n(a) in accordance with an authority; and\n(b) in the course of duty.\n(2) An authorised officer may use an assumed identity if the use is—\n(a) in accordance with an authority or for a controlled operation;\nand\n(b) in the course of duty.\n(3) An authorised civilian may acquire an assumed identity if the\nacquisition is in accordance with—\n(a) an authority; and\n(b) any direction by the civilian’s supervisor under the authority.\n(4) An authorised civilian may use an assumed identity if the use is––\n(a) in accordance with an authority or for a controlled operation;\nand\n(b) in accordance with any direction by the civilian’s supervisor\nunder the authority.\n\nEffect of authority Part 4\nSection 27\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Protection from criminal responsibility—authorised\npeople\n(1) This section applies if an authorised person engages in conduct (in\nthe ACT or elsewhere) that would, apart from this section, be an\noffence.\n(2) Despite any other territory law, the person is not criminally\nresponsible for the offence if—\n(a) the conduct is engaged in in the course of—\n(i) acquiring an assumed identity in accordance with an\nauthority; or\n(ii) using an assumed identity in accordance with an authority\nor for a controlled operation; and\n(b) the conduct is engaged in—\n(i) for an authorised officer—in the course of the officer’s\nduty; or\n(ii) for an authorised civilian—in accordance with any\ndirection by the civilian’s supervisor under the authority;\nand\n(c) engaging in the conduct would not be an offence if the assumed\nidentity were the person’s real identity.\n28 Protection from civil liability—authorised people\n(1) This section applies if the chief officer of a law enforcement agency\ngrants an authority in relation to an authorised person.\n(2) The authorised person is not civilly liable for conduct (in the ACT or\nelsewhere) engaged in honestly and without recklessness if—\n(a) the conduct is engaged in in the course of—\n(i) acquiring an assumed identity in accordance with an\nauthority; or\n\nPart 4 Effect of authority\nSection 29\npage 18 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) using an assumed identity in accordance with an authority\nor for a controlled operation; and\n(b) the conduct is engaged in—\n(i) for an authorised officer—in the course of the officer’s\nduty; or\n(ii) for an authorised civilian—in accordance with any\ndirection by the civilian’s supervisor under the authority;\nand\n(c) the requirements (if any) prescribed by regulation have been\nmet.\n(3) Any civil liability (including reasonable costs) that would, apart from\nthis section, attach to the authorised person attaches instead to the law\nenforcement agency.\n29 Particular qualifications\n(1) Section 27 and section 28 do not apply to conduct engaged in by an\nauthorised person if—\n(a) a particular qualification is needed to engage in the conduct; and\n(b) the person does not have the qualification.\n(2) Subsection (1) applies whether or not the person has acquired, as\nevidence of an assumed identity, a document indicating that the\nperson has the qualification.\n30 Effect of being unaware of amendment or cancellation of\nauthority\n(1) If an authority is amended in a way that limits its scope, this part\ncontinues to apply to the authorised person to whom the authority\nrelates as if it had not been amended in that way, for so long as the\nperson—\n(a) is unaware of the amendment; and\n\nEffect of authority Part 4\nSection 30\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) is not reckless about the existence of the amendment.\n(2) If an authority is cancelled, this part continues to apply to the\nauthorised person to whom the authority related as if it had not been\ncancelled, for so long as the person—\n(a) is unaware of the cancellation; and\n(b) is not reckless about the existence of the cancellation.\n(3) For this section, a person is reckless about the existence of the\namendment or cancellation of an authority if—\n(a) the person is aware of a substantial risk that the authority has\nbeen amended or cancelled; and\n(b) having regard to the circumstances known to the person, it is\nunjustifiable to take the risk.\n\nPart 5 Mutual recognition under corresponding laws\nSection 31\npage 20 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Mutual recognition under\ncorresponding laws\n31 Request to participating jurisdiction for evidence of\nassumed identity\n(1) This section applies if an authority authorises a request under this\nsection.\nNote Authority means an authority granted under s 9 to acquire and use an\nassumed identity, and includes the authority as amended under s 14\n(see dict).\n(2) The chief officer of a law enforcement agency who grants the\nauthority may ask the chief officer of an issuing agency of a\nparticipating jurisdiction stated in the authority to—\n(a) produce evidence of an assumed identity in accordance with the\nauthority; and\n(b) give evidence of the assumed identity to the authorised person\nstated in the authority.\nNote The chief officer may delegate a function under this section (see s 42).\n32 Request from participating jurisdiction for evidence of\nassumed identity\n(1) This section applies if—\n(a) a corresponding authority authorises a request for—\n(i) the production of evidence of an assumed identity in the\nACT; and\n(ii) the giving of evidence of the assumed identity to the\nauthorised person stated in the authority; and\n(b) the request is made to the chief officer of an issuing agency in\nthe ACT; and\n\nMutual recognition under corresponding laws Part 5\nSection 33\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the request states a reasonable period for compliance with the\nrequest.\n(2) The chief officer of a government issuing agency who receives the\nrequest must comply with the request within the reasonable period\nstated in the request.\n(3) The chief officer of a non-government issuing agency who receives\nthe request may comply with the request.\n33 Direction from participating jurisdiction to cancel\nevidence of assumed identity\n(1) This section applies if the chief officer of an issuing agency produces\nevidence of an assumed identity because of a request mentioned in\nsection 32.\n(2) The chief officer of the issuing agency must cancel the evidence if\ngiven a written direction to do so by the chief officer of a law\nenforcement agency who made the request.\n(3) In this section:\ncancel includes delete or alter an entry in a record of information.\n34 Protection from civil liability—issuing agencies and\nofficers of participating jurisdictions\n(1) This section applies if the chief officer of a law enforcement agency\nmakes a request under section 31 of, or gives a direction under section\n33 to, the chief officer of an issuing agency of a participating\njurisdiction.\n(2) The issuing agency, or an officer of the issuing agency, is not civilly\nliable for conduct engaged in honestly and without recklessness if—\n(a) the conduct is engaged in (in the ACT or elsewhere) by the\nagency or officer—\n(i) to comply with the request in the course of duty; or\n\nPart 5 Mutual recognition under corresponding laws\nSection 35\npage 22 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) in the reasonable belief that the conduct was engaged in to\ncomply with the request in the course of duty; and\n(b) the requirements (if any) prescribed by regulation have been\nmet.\n(3) Any civil liability (including reasonable costs) that would, apart from\nthis section, attach to the issuing agency or officer attaches instead to\nthe law enforcement agency.\n35 Application of Act to corresponding authorities\nThe following provisions apply, with any necessary changes, to\nanything done in the ACT in relation to a corresponding authority as\nif it were an authority granted under section 9:\n(a) section 23 (Protection from criminal responsibility—officers of\nissuing agencies);\n(b) section 26 (Assumed identity may be acquired and used);\n(c) section 27 (Protection from criminal responsibility—authorised\npeople);\n(d) section 29 (Particular qualifications);\n(e) section 30 (Effect of being unaware of amendment or\ncancellation of authority);\n(f) section 36 (Misuse of assumed identity);\n(g) section 37 (Unauthorised disclosure of information about\nassumed identity).\n\nCompliance and monitoring Part 6\nMisuse of assumed identity and information Division 6.1\nSection 36\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Compliance and monitoring\nDivision 6.1 Misuse of assumed identity and\ninformation\n36 Misuse of assumed identity\n(1) An authorised officer commits an offence if—\n(a) the officer acquires evidence of an assumed identity; and\n(b) the acquisition is not—\n(i) in accordance with the officer’s authority; or\n(ii) in the course of duty; and\n(c) the officer is reckless about whether the acquisition is not—\n(i) in accordance with the authority; or\n(ii) in the course of duty.\nMaximum penalty: imprisonment for 2 years.\nNote The fault element of recklessness can be satisfied by proof of intention,\nknowledge or recklessness (see Criminal Code, s 20 (4)).\n(2) An authorised officer commits an offence if—\n(a) the officer uses an assumed identity; and\n(b) the use is not—\n(i) in accordance with the officer’s authority or for a\ncontrolled operation; or\n(ii) in the course of duty; and\n(c) the officer is reckless about whether the use is not—\n(i) in accordance with the authority or for a controlled\noperation; or\n\nPart 6 Compliance and monitoring\nDivision 6.1 Misuse of assumed identity and information\nSection 36\npage 24 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) in the course of duty.\nMaximum penalty: imprisonment for 2 years.\n(3) An authorised civilian commits an offence if—\n(a) the civilian acquires evidence of an assumed identity; and\n(b) the acquisition is not—\n(i) in accordance with the civilian’s authority; or\n(ii) in accordance with a direction of the civilian’s supervisor\nunder the authority; and\n(c) the civilian is reckless about whether the acquisition is not—\n(i) in accordance with the authority; or\n(ii) in accordance with a direction of the civilian’s supervisor\nunder the authority.\nMaximum penalty: imprisonment for 2 years.\n(4) An authorised civilian commits an offence if—\n(a) the civilian uses an assumed identity; and\n(b) the use is not—\n(i) in accordance with the civilian’s authority or for a\ncontrolled operation; or\n(ii) in accordance with a direction of the civilian’s supervisor\nunder the authority; and\n(c) the civilian is reckless about whether the use is not—\n(i) in accordance with the authority or for a controlled\noperation; or\n(ii) in accordance with a direction of the civilian’s supervisor\nunder the authority.\nMaximum penalty: imprisonment for 2 years.\n\nCompliance and monitoring Part 6\nMisuse of assumed identity and information Division 6.1\nSection 37\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Unauthorised disclosure of information about assumed\nidentity\n(1) A person commits an offence if—\n(a) the person discloses information; and\n(b) the information reveals, or is likely to reveal, that an assumed\nidentity acquired or used by someone else is not the other\nperson’s real identity; and\n(c) the person knows that the information reveals, or is likely to\nreveal, that an assumed identity acquired or used by someone\nelse is not the other person’s real identity; and\n(d) the disclosure is not made—\n(i) in connection with the administration or execution of this\nAct or a corresponding law; or\n(ii) for the purposes of any legal proceeding arising out of or\notherwise related to this Act or a corresponding law or of\nany report of any such proceeding; or\n(iii) in accordance with any requirement imposed by law; and\n(e) the person is reckless about whether the disclosure is not made\nas mentioned in paragraph (d).\nMaximum penalty: imprisonment for 2 years.\n(2) A person commits an offence if—\n(a) the person discloses information; and\n(b) the information reveals, or is likely to reveal, that an assumed\nidentity acquired or used by someone else is not the other\nperson’s real identity; and\n(c) the person is reckless about whether the information reveals, or\nis likely to reveal, that an assumed identity acquired or used by\nsomeone else is not the other person’s real identity; and\n\nPart 6 Compliance and monitoring\nDivision 6.1 Misuse of assumed identity and information\nSection 37\npage 26 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the disclosure is not made—\n(i) in connection with the administration or execution of this\nAct or a corresponding law; or\n(ii) for the purposes of any legal proceeding arising out of or\notherwise related to this Act or a corresponding law or of\nany report of any such proceeding; or\n(iii) in accordance with any requirement imposed by law; and\n(e) the person is reckless about whether the disclosure is not made\nas mentioned in paragraph (d).\nMaximum penalty: imprisonment for 2 years.\n(3) A person commits an offence if the person commits an offence\nagainst subsection (1) or (2) in circumstances in which the person—\n(a) intends to endanger the health or safety of anyone; or\n(b) is reckless about whether the disclosure of the information\nendangers or will endanger the health or safety of anyone.\nMaximum penalty: imprisonment for 10 years.\n(4) A person commits an offence if the person commits an offence\nagainst subsection (1) or (2) in circumstances in which the person––\n(a) intends to prejudice the effective conduct of an investigation or\nintelligence-gathering in relation to criminal activity; or\n(b) is reckless about whether the disclosure of the information\nprejudices or will prejudice the effective conduct of\ninvestigation or intelligence-gathering in relation to criminal\nactivity.\nMaximum penalty: imprisonment for 10 years.\n\nCompliance and monitoring Part 6\nReporting and record keeping Division 6.2\nSection 38\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 6.2 Reporting and record keeping\n38 Report about authorities for assumed identities etc\n(1) As soon as practicable after the end of each financial year, the chief\nofficer of a law enforcement agency must give a written report to the\nMinister that includes the following information for the year:\n(a) the number of authorities granted during the year;\n(b) a general description of the activities undertaken by authorised\npeople when using assumed identities under this Act during the\nyear;\n(c) the number of applications for authorities that were refused\nduring the year;\n(d) a statement whether or not any fraud or other unlawful activity\nwas identified by an audit under section 40 during the year;\n(e) any other information relating to authorities, assumed identities\nor the administration of this Act that the Minister considers\nappropriate.\n(2) The chief officer must advise the Minister of any information in the\nreport that, in the chief officer’s opinion, should be excluded from the\nreport before the report is presented to the Legislative Assembly\nbecause the information, if made public, could reasonably be\nexpected to—\n(a) endanger a person’s safety; or\n(b) prejudice an investigation or prosecution; or\n(c) compromise any law enforcement agency’s operational\nactivities or methodologies.\n(3) The Minister must exclude information from the report if satisfied on\nthe advice of the chief officer of any of the grounds set out in\nsubsection (2).\n\nPart 6 Compliance and monitoring\nDivision 6.2 Reporting and record keeping\nSection 39\npage 28 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The Minister must present a copy of the report to the Legislative\nAssembly within 15 sitting days after the day the Minister receives\nthe report.\n39 Record keeping\n(1) The chief officer of a law enforcement agency must cause appropriate\nrecords to be kept about this Act’s operation in relation to the agency.\n(2) The records must include the following in relation to each authority\ngranted, amended or cancelled under this Act in relation to the\nagency:\n(a) the date the authority was granted, amended or cancelled and the\nname of the person who granted, amended or cancelled it;\n(b) the name of the authorised person under the authority, together\nwith details of the assumed identity to which the authority\napplies;\n(c) details of any request made to an issuing agency under\nsection 19 (Request for evidence of assumed identity) in relation\nto the authority;\n(d) the general nature of the duties undertaken by the authorised\nperson under the assumed identity;\n(e) general details of relevant financial transactions entered into\nusing the assumed identity;\n(f) for an authority granted to an authorised officer—details of\nreviews of the authority under section 15 (Review of authority\ngranted to authorised officer).\n\nCompliance and monitoring Part 6\nInspection Division 6.3\nSection 40\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40 Audit of records\n(1) The chief officer of a law enforcement agency must have the records\nkept under section 39 for each authority in relation to the agency\naudited—\n(a) at least once every 6 months while the authority is in force; and\n(b) at least once in the 6 months after the authority ends or is\ncancelled.\n(2) The chief officer must appoint a person to conduct the audit.\n(3) The person appointed to conduct the audit—\n(a) may, but need not, be an officer of the law enforcement agency;\nand\n(b) must not be a person—\n(i) who granted, amended or cancelled any of the authorities\nto which the records under section 39 relate; or\n(ii) who is or was an authorised person under any of the\nauthorities to which the records relate.\n(4) A person who conducts an audit under this section for a law\nenforcement agency must give the chief officer of the agency a\nwritten report of the results of the audit.\nDivision 6.3 Inspection\n41 Inspection of records by ombudsman\n(1) The ombudsman may inspect the records of a law enforcement\nagency to determine the extent of compliance with this Act by the\nagency and law enforcement officers of the agency.\n\nPart 6 Compliance and monitoring\nDivision 6.3 Inspection\nSection 41\npage 30 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For the purpose of an inspection under this section, the ombudsman—\n(a) after notifying the chief officer of the law enforcement agency,\nmay enter at any reasonable time premises occupied by the\nagency; and\n(b) is entitled to have full and free access at all reasonable times to\nall records of the agency that are relevant to the inspection; and\n(c) may require a member of staff of the agency to give the\nombudsman any information that the ombudsman considers\nnecessary, being information that is in the member’s possession,\nor to which the member has access, and that is relevant to the\ninspection.\n(3) The chief officer must ensure that members of staff of the agency give\nthe ombudsman any assistance the ombudsman reasonably requires\nto enable the ombudsman to exercise functions under this section.\n(4) The ombudsman must give a written report prepared under the\nAnnual Reports (Government Agencies) Act 2004, on the results of\neach inspection under this section in the preceding financial year.\n(5) The report must include a report on the comprehensiveness and\nadequacy of the records of the agency and the cooperation given by\nthe agency in facilitating the inspection by the ombudsman of those\nrecords.\n(6) The report must not include any information that, if made public,\ncould reasonably be expected to—\n(a) endanger a person’s safety; or\n(b) prejudice an investigation or prosecution; or\n(c) compromise any law enforcement agency’s operational\nactivities or methodologies.\n\nMiscellaneous Part 7\nSection 42\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n42 Delegation\n(1) Despite any other territory law, the functions of a chief officer of a\nlaw enforcement agency under this Act must not be delegated to\nanyone else.\n(2) However, a chief officer of a law enforcement agency may delegate\nto a senior officer of the law enforcement agency any of the chief\nofficer’s functions under this Act.\n(3) Not more than 4 delegations may be in force under this section at any\none time in relation to any 1 law enforcement agency.\n(4) In this section:\nsenior officer means—\n(a) in relation to the Australian Federal Police—a police officer of\nthe rank of commander (or a higher rank); or\n(b) in relation to the Australian Crime Commission—any of the\nfollowing:\n(i) the Director National Operations;\n(ii) a Director;\n(iii) a Head of Investigation/Operation;\n(iv) a position of the Australian Crime Commission prescribed\nby regulation; or\n(c) in relation to the integrity commission—a position of the\nintegrity commission prescribed by regulation.\n\nPart 7 Miscellaneous\nSection 43\npage 32 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nDictionary\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• chief police officer\n• Commonwealth\n• entity\n• exercise, a function\n• financial year\n• function\n• in relation to\n• integrity commission\n• integrity commissioner\n• Legislative Assembly\n• Minister (see s 162)\n• police officer\n• position\n• registrar-general\n• territory law.\nacquire an assumed identity, means acquire evidence of the identity,\nand includes taking steps towards acquiring evidence of the identity.\nagency means—\n(a) an issuing agency; or\n(b) a law enforcement agency.\nAustralian Crime Commission means the Australian Crime\nCommission established by the Australian Crime Commission\nAct 2002 (Cwlth).\n\nDictionary\npage 34 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nauthorised civilian means a person (other than a law enforcement\nofficer) who is authorised under an authority to acquire or use an\nassumed identity.\nauthorised officer means a law enforcement officer who is authorised\nunder an authority to acquire or use an assumed identity.\nauthorised person means—\n(a) an authorised civilian; or\n(b) an authorised officer.\nauthority means an authority granted under section 9 to acquire and\nuse an assumed identity, and includes the authority as amended under\nsection 14.\nchief officer—\n(a) of a law enforcement agency, means—\n(i) in relation to the Australian Federal Police––the chief\npolice officer; and\n(ii) in relation to the Australian Crime Commission—the chief\nexecutive officer of the Australian Crime Commission; and\n(iii) in relation to the integrity commission—the integrity\ncommissioner; and\n(b) of an issuing agency—means the chief executive officer\n(however described) of the agency.\nconduct means an act or omission to do an act.\ncontrolled operation—see the Crimes (Controlled Operations)\nAct 2008, dictionary.\ncorresponding authority means an authority under a corresponding\nlaw—\n(a) to acquire or use an assumed identity in the ACT; or\n(b) to request the production of evidence of an assumed identity.\n\nDictionary\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncorresponding law means a law of another jurisdiction that\ncorresponds to this Act, and includes a law of another jurisdiction that\nis declared by regulation to correspond to this Act.\ncorrupt conduct—see the Integrity Commission Act 2018, dictionary.\ncriminal activity means conduct that involves the commission of an\noffence by 1 or more people.\ndoing a thing, includes failing to do the thing.\nevidence of identity, means a document or other thing (for example,\na driver’s licence, birth certificate, credit card or identity card) that\nevidences or indicates, or can be used to evidence or indicate, a\nperson’s identity or any aspect of a person’s identity.\ngovernment issuing agency, in relation to an authority, means any of\nthe following stated in the authority that issues evidence of identity:\n(a) an entity that exercises a function of the government of the ACT;\n(b) an entity prescribed by regulation.\nintelligence agency means—\n(a) the Australian Secret Intelligence Service; or\n(b) the Australian Security Intelligence Organisation.\nissuing agency means—\n(a) a government issuing agency; or\n(b) a non-government issuing agency.\njurisdiction means the Commonwealth or a State or Territory of the\nCommonwealth.\nlaw enforcement agency means—\n(a) the Australian Federal Police; or\n(b) the Australian Crime Commission; or\n(c) the integrity commission.\n\nDictionary\npage 36 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nlaw enforcement officer—\n(a) means—\n(i) a police officer; or\n(ii) a member of staff of the Australian Crime Commission; or\n(iii) an investigator under the Integrity Commission Act 2018;\nand\n(b) includes a person who is seconded to a law enforcement agency,\nincluding (but not limited to) a member of the police force or\npolice service, and a police officer (however described), of\nanother jurisdiction.\nnon-government issuing agency, in relation to an authority, means\nan entity (other than a government issuing agency) stated in the\nauthority that issues evidence of identity.\nofficer of an agency, includes a person employed or engaged in the\nagency.\nparticipating jurisdiction means a jurisdiction in which a\ncorresponding law is in force.\nsupervisor of an authorised civilian, means the law enforcement\nofficer who supervises or is to supervise the acquisition or use of an\nassumed identity by the authorised civilian.\nuse an assumed identity, includes representing (whether expressly or\nimpliedly, or by saying or doing something) the identity to be real\nwhen it is not.\n\nEndnotes\nAbout the endnotes 1\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 38 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCrimes (Assumed Identities) Act 2009 A2009-33\nnotified LR 22 September 2009\ns 1, s 2 commenced 22 September 2009 (LA s 75 (1))\nremainder commenced 22 March 2010 (s 2 and LA s 79)\nas amended by\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.3\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.3 commenced 3 June 2010 (s 2)\nCrimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 4\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75)\npt 4 commenced 10 December 2013 (s 2 (2))\nCrimes (Serious and Organised Crime) Legislation Amendment Act\n2016 A2016-48 pt 4\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\npt 4 commenced 24 August 2016 (s 2 (1))\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.4 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.4 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\n\nEndnotes\nLegislation history 3\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.5 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 4\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 4 commenced 17 December 2021 (s 2 (1))\n\nEndnotes\n4 Amendment history\npage 40 Crimes (Assumed Identities) Act 2009\nEffective: 17/12/21\nR7\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nPurpose of Act\ns 6 am A2018-52 amdt 1.23\nRelationship to other laws\ns 7 am A2016-55 amdt 4.6\nDecision on application for authority\ns 9 am A2018-52 amdt 1.24\nAuthorised civilian’s supervisor\ns 11 am A2018-52 amdt 1.25\nMaking entries in register of births, deaths or marriages\ns 16 am A2013-50 s 8, s 9; A2016-48 s 13\nCancellation of authority affecting entry in register of births, deaths or\nmarriages\ns 17 am A2016-48 s 14\nCancellation of evidence of assumed identity\ns 22 am A2016-48 s 15\nAssumed identity may be acquired and used\ns 26 am A2010-18 amdt 3.3\nDelegation\ns 42 am A2018-52 amdt 1.26; A2021-33 s 12\nDictionary\ndict am A2018-52 amdt 1.27\ndef chief officer am A2018-52 amdt 1.28\ndef corrupt conduct am A2018-52 amdt 1.29\ndef intelligence agency ins A2016-48 s 16\ndef law enforcement agency am A2018-52 amdt 1.30\ndef law enforcement officer am A2018-52 amdt 1.31\n\nEndnotes\nEarlier republications 5\nR7\n17/12/21\nCrimes (Assumed Identities) Act 2009\nEffective: 17/12/21\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n22 Mar 2010\n22 Mar 2010–\n2 June 2010\nnot amended new Act\nR2\n3 June 2010\n3 June 2010–\n9 Dec 2013\nA2010-18 amendments by\nA2010-18\nR3\n10 Dec 2013\n10 Dec 2013–\n23 Aug 2016\nA2013-50 amendments by\nA2013-50\nR4\n24 Aug 2016\n24 Aug 2016–\n31 Dec 2017\nA2016-48 amendments by\nA2016-48\nR5\n1 Jan 2018\n1 Jan 2018–\n30 Nov 2019\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\nR6\n1 Dec 2019\n1 Dec 2019–\n16 Dec 2021\nA2019-18 amendments by\nA2018-52 as\namended by\nA2019-18\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Amendments expanded the Act’s operational scope to include intelligence agencies and the integrity commission as entities able to seek registry entries and participate in assumed‑identity activities (see s 16(2)(a)(iii) and the dictionary). Delegation limits and definitions were adjusted and mutual‑recognition mechanisms clarified (see s 42 and Part 5). These changes broaden who may apply for and execute assumed‑identity powers and refine administrative controls and inter‑jurisdictional procedures."},"complexity_factors":["Multiple institutional actors and roles (law enforcement agencies, intelligence agencies, integrity commission, government and non‑government issuing agencies, authorised officers and authorised civilians).","Chief officers possess broad discretion to grant, amend, cancel and delegate authorities (s 9, s 14, s 42).","Cross‑jurisdiction mutual recognition and requests to participating jurisdictions add procedural and legal coordination complexity (Part 5, ss 31–35).","Tension between criminal protections and criminal offences: authorised conduct is exempted from criminal or civil liability under strict conditions, while misuse or unauthorised disclosure attracts significant criminal penalties (ss 23–28, 36–37).","Detailed compliance regime: mandatory written authorities, form and content requirements, supervisor rules for civilians, short time limits for civilian authorities, and closed‑court registry orders (ss 8–13, 10–11, 16–18).","Record‑keeping, frequent audits and ombudsman inspection requirements create administrative and compliance burdens (ss 38–41).","Liability shifting: civil liability for authorised acts attaches to the law enforcement agency rather than individuals, subject to regulatory requirements (ss 25(3), 28(3)).","Use of mental fault standards (recklessness, knowledge, intention) across offences increases evidentiary complexity (Criminal Code application noted in s 5; offences in ss 36–37)."],"plain_english_summary":"This Act lets specified law‑enforcement and intelligence bodies lawfully acquire and use assumed (fake) identities and request identity documents from government or private issuing agencies to investigate criminal activity and corrupt conduct. Chief officers grant written authorities, set conditions, and can seek closed‑court orders to create or cancel registry entries.\n\nThe Act shifts civil liability for authorised acts to the agency, requires record‑keeping, audits and ombudsman inspection, limits civilian authorisations to 3 months, and makes unauthorised use or disclosure a criminal offence."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2009 Act focused primarily on police (AFP and ACC). Through amendments in 2018 and 2021, the scope expanded significantly to include the ACT Integrity Commission (anti-corruption body) and intelligence agencies (ASIO and ASIS). The 2016 amendments also added specific provisions for entries in birth/death/marriage registers, creating a mechanism for state-sanctioned identity fabrication that goes well beyond simple undercover documentation. The mutual recognition provisions (Part 5) also expanded the effective geographic scope beyond the ACT."},"complexity_factors":["43 defined terms in the Dictionary section, including nested cross-references to other Acts (e.g., 'controlled operation—see the Crimes (Controlled Operations) Act 2008')","Bifurcated regulatory scheme treating 'authorised officers' (police) and 'authorised civilians' differently across multiple sections, requiring parallel reading","Extensive conditional logic with multiple conjunctive requirements (e.g., s 27 protection requires: (a) in accordance with authority, (b) in course of duty, AND (c) wouldn't be offence if real identity)","Cross-border mutual recognition provisions (Part 5) requiring readers to understand 'corresponding laws' and 'participating jurisdictions' without defining their content","Nested exceptions: s 29 creates exceptions to the protections in ss 27-28 regarding professional qualifications","Criminal offence provisions (ss 36-37) with tiered penalties (2 years vs 10 years) based on mental states (recklessness vs intention) and specific circumstances","Delegation restrictions in s 42 that prohibit delegation 'despite any other territory law' but then immediately create a limited exception","Interaction with other statutes explicitly excluded (Freedom of Information Act 2016, Territory Records Act 2002) requiring external knowledge"],"plain_english_summary":"This Act authorises ACT law enforcement and authorised civilians to use assumed identities (including obtaining real documents under fake names) for investigations, with approvals from senior officers and limited-term civilian authorisations. It also recognises equivalents from other jurisdictions and restricts public access to related records.\n\nIt matters because it legally protects ordinarily criminal acts by undercover operatives, imposes secrecy with criminal penalties for leaks, and concentrates significant approval power in chief officers while providing post‑hoc oversight and audits."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-assumed-identities-act-2009","history":"/api/acts/crimes-assumed-identities-act-2009/history","analysis":"/api/acts/crimes-assumed-identities-act-2009/analysis","conflicts":"/api/acts/crimes-assumed-identities-act-2009/conflicts","importantCases":"/api/acts/crimes-assumed-identities-act-2009/important-cases","documents":"/api/acts/crimes-assumed-identities-act-2009/documents"}}