{"id":"sr:crimes-assumed-identities-regulations-2016","name":"Crimes (Assumed Identities) Regulations 2016","slug":"crimes-assumed-identities-regulations-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181503,"registerId":"vic-sr:crimes-assumed-identities-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Assumed Identities) Regulations 2016","content":"Version No. 001\n\n**Crimes (Assumed Identities) Regulations 2016**\n\n**S.R. No. 60/2016**\n\nVersion as at  \n22 June 2016\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Corresponding laws 2\n\n7 Prescribed IBAC Officers 2\n\n8 Law enforcement officers appointed as supervisors 3\n\n9 Senior officers of the IBAC 3\n\nSchedule 1—Corresponding laws 4\n\n═══════════════\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **001**\n\n**Crimes (Assumed Identities) Regulations 2016**\n\n**S.R. No. 60/2016**\n\nVersion as at  \n22 June 2016\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe matters for the purposes of the **Crimes (Assumed Identities) Act 2004**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 35 of the **Crimes (Assumed Identities) Act 2004**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 22 June 2016.\n\n\t4 Revocation\n\nThe following Regulations are **revoked**—\n\n(a) the Crimes (Assumed Identities) Regulations 2006[[1]](#endnote-1);\n\n(b) the Crimes (Assumed Identities) Amendment (Corresponding Laws) Regulations 2013[[2]](#endnote-2);\n\n(c) the Crimes (Assumed Identities) Amendment Regulations 2013[[3]](#endnote-3).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***Chief Executive Officer*** means the person appointed under section 33 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n***Deputy Commissioner*** has the same meaning as it has in the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\n***IBAC Officer*** has the same meaning as it has in the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\n***police officer*** has the same meaning as it has in the **Victoria Police Act 2013**.\n\n\t6 Corresponding laws\n\nFor the purposes of the definition of ***corresponding law*** in section 3 of the **Crimes (Assumed Identities) Act 2004**, a law specified in column 2 of Schedule 1 of a jurisdiction specified opposite that law in column 1 of Schedule 1 is declared to be a law of that jurisdiction that corresponds to that Act.\n\n\t7 Prescribed IBAC Officers\n\nFor the purposes of the definition of ***prescribed IBAC Officer***  in section 3 of the **Crimes (Assumed Identities) Act 2004**,  the following positions and classes of employees are prescribed—\n\n(a) the position of Commissioner;\n\n(b) the position of Deputy Commissioner;\n\n(c) the position of Chief Executive Officer;\n\n(d) IBAC Officers classified as Executive Officers;\n\n(e) IBAC Officers classified as non-executive employees;\n\n(f) police officers engaged by the IBAC;\n\n(g) members of the police force or police service (however described) of another jurisdiction who are engaged by the IBAC.\n\n\t8 Law enforcement officers appointed as supervisors\n\nFor the purposes of section 5(4)(c) of the **Crimes (Assumed Identities) Act 2004**, the following positions and classes of employees are prescribed—\n\n(a) the position of Chief Executive Officer;\n\n(b) IBAC Officers classified as Executive Officers;\n\n(c) IBAC Officers classified as non-executive employees Grade 6 or as Senior Technical Specialists;\n\n(d) police officers engaged by the IBAC who are officers of or above the rank of sergeant;\n\n(e) members of the police force or police service (however described) of another jurisdiction who are engaged by the IBAC and who are officers of or above the rank of sergeant.\n\n\t9 Senior officers of the IBAC\n\nFor the purposes of paragraph (c) of the definition of ***senior officer*** in section 34(5) of the **Crimes (Assumed Identities) Act 2004**,  the following positions and classes of employees are prescribed—\n\n(a) the position of Deputy Commissioner;\n\n(b) the position of Chief Executive Officer;\n\n(c) IBAC Officers classified as Executive Officers.\n\nSchedule 1—Corresponding laws\n\n| *Column 1*<br>*Jurisdiction* | *Column 2*<br>*Corresponding law* |\n| --- | --- |\n| Australian Capital Territory | Crimes (Assumed Identities) Act 2009 |\n| Commonwealth | Part IAC of the Crimes Act 1914 |\n| New South Wales | Law Enforcement and National Security (Assumed Identities) Act 2010 |\n| Queensland | Chapter 12 of the Police Powers and Responsibilities Act 2000 |\n| South Australia | Part 3 of the Criminal Investigation (Covert Operations) Act 2009 |\n| Tasmania | Police Powers (Assumed Identities) Act 2006 |\n| Western Australia | Part 3 of the Criminal Investigation (Covert Powers) Act 2012 |\n\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Crimes (Assumed Identities) Regulations 2016, S.R. No. 60/2016 were made on 21 June 2016 by the Governor in Council under section 35 of the **Crimes (Assumed Identities) Act 2004**, No. 15/2004 and came into operation on 22 June 2016: regulation 3.\n\nThe Crimes (Assumed Identities) Regulations 2016 will sunset 10 years after the day of making on 21 June 2026 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Crimes (Assumed Identities) Regulations 2016 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4(a): S.R. No. 74/2006 as amended by S.R. Nos 10/2013 and 93/2013. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 93/2013. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 10/2013. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising the Crimes (Assumed Identities) Act 2004 by prescribing specific positions, classes of employees, and corresponding laws. There is no evidence of scope creep; the instrument is purely machinery in nature."},"complexity_factors":["Only 9 substantive regulations plus a short schedule","Minimal defined terms (4 definitions in regulation 5, all referencing other Acts)","No nested conditional logic or exceptions-within-exceptions","Straightforward tabular format for corresponding laws (Schedule 1)","Simple prescriptive structure: 'For the purposes of [Act section], X is prescribed'","No cross-references between regulations — each stands alone","Single purpose instrument: operationalising specific sections of the parent Act without policy elaboration"],"plain_english_summary":"This is a short set of rules (called 'Regulations') made under Victorian law that helps police and anti-corruption investigators use fake identities ('assumed identities') when working undercover.\n\n**What it does:**\n- **Sets up the rules** for how the Independent Broad-based Anti-corruption Commission (IBAC) — Victoria's corruption watchdog — can use assumed identities\n- **Lists which other states' and territories' laws** match up with Victoria's system, so investigators can work across borders\n- **Names who can do what** — specifically which IBAC staff and police officers are allowed to:\n  - Use assumed identities themselves\n  - Supervise others using assumed identities\n  - Be considered 'senior officers' for approving these operations\n\n**Who it affects:**\n- IBAC officers and police working on corruption investigations\n- Police from other states who are seconded to IBAC\n- People being investigated (indirectly — their interactions may be with undercover officers using fake IDs)\n\n**Why it matters:**\nUndercover work is risky and legally sensitive. These regulations make sure there's proper oversight — not just any officer can create a fake identity, and there are specific senior people who must supervise. It also ensures Victoria's system works smoothly with similar laws in other states and the Commonwealth, so investigations can cross state lines without legal hiccups."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These Regulations replace the 2006 Regulations and later amendments (reg 4) and restate the operational scope of the Crimes (Assumed Identities) Act by prescribing which IBAC positions, employee classes and police (including interstate officers) are covered and who may act as supervisors or senior officers (regs 5, 7–9). They also declare corresponding laws for other jurisdictions (reg 6; Schedule 1). The instrument commenced 22 June 2016 and is subject to the ten‑year sunset noted in the Endnotes."},"complexity_factors":["Cross-references to multiple Acts that must be read together (Crimes (Assumed Identities) Act 2004; Independent Broad-based Anti-corruption Commission Act 2011; Victoria Police Act 2013) — regs 2, 5.","Prescriptive but technical lists of personnel by position, classification and rank (Commissioner, Deputy Commissioner, CEO, Executive/non‑executive classifications, Grade/Ranks) that require internal HR/classification knowledge to apply — regs 5, 7–9.","Inter-jurisdictional mapping of 'corresponding laws' requiring coordination with other jurisdictions' statutes (Schedule 1; reg 6).","Administrative dependence on employment/engagement status (police engaged by IBAC; members of other jurisdictions) which creates factual enquiries in implementation — regs 7–8.","Formal revocation of earlier instruments and a finite lifecycle (revocation reg 4; commencement and sunset noted in reg 3 and Endnotes) affecting transitional application."],"plain_english_summary":"These Regulations implement the Crimes (Assumed Identities) Act 2004 by specifying who and what counts for that Act: they prescribe which IBAC positions and classes of employees, police (including officers engaged by IBAC and from other jurisdictions), supervisors and senior officers are covered, and they declare which interstate and Commonwealth laws correspond to the Act. They affect IBAC and engaged police because they determine who may be authorised to assume identities and who may supervise those operations; they replace earlier regulations and commenced on 22 June 2016."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, there is no evidence of scope change from the original intent. The regulation appears to function as a straightforward procedural instrument supporting the parent Act, with no indicators of amendment or expansion beyond its original purpose. However, the extremely limited content provided prevents a definitive assessment."},"complexity_factors":["The document provided contains almost no substantive legislative content — only version history and metadata, severely limiting analysis","Regulations of this type typically involve cross-referencing with the parent Act (Crimes (Assumed Identities) Act 2004), adding interpretive complexity","Covert law enforcement operations involve sensitive legal thresholds and authorisation chains that can be technically complex","As a statutory rule rather than primary legislation, its effect is only fully understood alongside the enabling Act","Low score reflects that regulations of this type are typically procedural and narrow in scope rather than substantively complex"],"plain_english_summary":"These regulations provide the administrative and procedural framework that supports Victoria’s assumed‑identities law, governing how undercover officers use and document fake identities during serious‑crime investigations. They set out the practical rules—forms, record‑keeping and inter‑agency processes—that make covert operations lawful and auditable.\n\nThey affect undercover officers, authorising officials, and agencies that issue or verify identity materials, and matter because they aim to balance investigative effectiveness with safeguards against misuse."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-assumed-identities-regulations-2016","history":"/api/acts/crimes-assumed-identities-regulations-2016/history","analysis":"/api/acts/crimes-assumed-identities-regulations-2016/analysis","conflicts":"/api/acts/crimes-assumed-identities-regulations-2016/conflicts","importantCases":"/api/acts/crimes-assumed-identities-regulations-2016/important-cases","documents":"/api/acts/crimes-assumed-identities-regulations-2016/documents"}}