{"id":"criminal-investigation-covert-operations-act-2009","name":"Criminal Investigation (Covert Operations) Act 2009","slug":"criminal-investigation-covert-operations-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31847,"registerId":"sa-criminal-investigation-covert-operations-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Investigation (Covert Operations) Act 2009","content":"South Australia\nCriminal Investigation (Covert Operations) Act 2009\nAn Act to authorise the use of undercover operations and assumed identities for the purposes of criminal investigation and the gathering of criminal intelligence within and outside the State; to establish a certification scheme for the protection of the identity of certain witnesses; to provide for cross border recognition of undercover operations, assumed identities and the certification scheme; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Undercover operations\n4\tApproval of undercover operations\n5\tLegal immunity of persons taking part in approved undercover operations\nPart 3—Assumed identities\nDivision 1—Authority to acquire or use assumed identity\n6\tApplication for authority\n7\tDetermination of applications\n8\tForm of authority\n9\tPeriod of authority\n10\tVariation or cancellation of authority\n11\tYearly review of authority\n12\tMaking entries in register of births, deaths and marriages\n13\tCancellation of authority affecting entry in register of births, deaths and marriages\nDivision 2—Evidence of assumed identity\n14\tRequest for evidence of assumed identity\n15\tCancellation of evidence of assumed identity\n16\tLegal immunity of officers of issuing agencies\n17\tIndemnity for issuing agencies and officers\nDivision 3—Effect of authority\n18\tAssumed identity may be acquired and used\n19\tLegal immunity of authorised persons acting under authority\n20\tIndemnity for authorised persons\n21\tParticular qualifications\n22\tEffect of being unaware of variation or cancellation of authority\nDivision 4—Mutual recognition\n23\tRequests to participating jurisdiction for evidence of assumed identity\n24\tRequests from participating jurisdiction for evidence of assumed identity\nDivision 5—Compliance and monitoring\n25\tMisuse of assumed identity\n26\tDisclosing information about assumed identity\n27\tRecord keeping\n28\tAudit of records\nDivision 6—Delegation\n29\tDelegation\nPart 4—Witness identity protection\nDivision 1—Interpretation\n30\tInterpretation\nDivision 2—Witness identity protection certificates for local operatives\n31\tChief officer may give witness identity protection certificate to local operative\n32\tProtection of decision to give witness identity protection certificate\n33\tForm of witness identity protection certificate\n34\tCancellation of witness identity protection certificate\n35\tPermission to give information disclosing operative's identity etc\nDivision 3—Use of witness identity protection certificates in proceedings\n36\tApplication and interpretation of Division\n37\tFiling and effect of filing of witness identity protection certificate in court\n38\tOrders to protect operative's identity etc\n39\tDirections to jury\n40\tApplication for disclosure of operative's identity etc in proceedings\n41\tOffences\nDivision 4—Delegation\n42\tDelegation\nPart 5—Application of Act to approvals, authorities or certificates under corresponding laws\n43\tApplication of Act to approvals under corresponding laws\n44\tApplication of Act to authorities under corresponding laws\n45\tApplication of Act to witness identity protection certificates under corresponding laws\nPart 6—Miscellaneous\n46\tState Records Act 1997 and Freedom of Information Act 1991 not to apply\n47\tAnnual report\n48\tRegulations\nSchedule 1—Transitional provisions\nPart 1—Interpretation\n1\tInterpretation\nPart 3—Transitional provisions\n3\tApproved undercover operations\n4\tAssumed identities\n5\tWitness identity protection\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Criminal Investigation (Covert Operations) Act 2009.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nacquire an assumed identity, means acquire evidence of the identity, and includes taking steps towards acquiring evidence of the identity;\nagency means—\n\t(a)\tan issuing agency; or\n\t(b)\ta law enforcement agency,\nas the case requires;\napproval means an approval under Part 2;\napproved undercover operations means—\n\t(a)\tundercover operations approved under Part 2; or\n\t(b)\tundercover operations approved—\n\t(i)\tunder the repealed Act; or\n\t(ii)\tby a law enforcement authority before the commencement of the repealed Act that are of a type that could reasonably have been approved under the repealed Act if the repealed Act had been in force when the operations commenced;\nassumed identity—see Part 3;\nassumed name—\n\t(a)\tof a local operative—has the meaning given in section 33(1)(d)(i);\n\t(b)\tof an interstate operative—means the name (if any) stated in the interstate witness identity protection certificate as the interstate operative's assumed name;\nauthorised civilian means a person (other than a law enforcement officer) who is authorised under an authority to acquire or use an assumed identity;\nauthorised officer means a law enforcement officer who is authorised under an authority to acquire or use an assumed identity;\nauthorised participant in approved undercover operations means—\n\t(a)\ta person authorised under the terms of the approval to take part in the operations; or\n\t(b)\tin the case of operations that began before the commencement of Part 2 but after the commencement of the repealed Act—a person authorised under the terms of an approval under the repealed Act to take part in the operations; or\n\t(c)\tin the case of operations that began before the commencement of the repealed Act—a person authorised by a law enforcement authority to take part in the operations;\nauthorised person means—\n\t(a)\tan authorised civilian; or\n\t(b)\tan authorised officer;\nauthority means an authority under Part 3;\nchief officer—\n\t(a)\tof a law enforcement agency—\n\t(i)\tin relation to SA Police—means the Commissioner of Police;\n\t(ii)\tin relation to the Australian Crime Commission—means the Chief Executive Officer of the Australian Crime Commission;\n\t(iii)\tin relation to the Independent Commission Against Corruption—means the Independent Commissioner Against Corruption;\n\t(b)\tof an issuing agency—means the chief executive officer (however described) of the agency;\nconduct includes any act or omission;\ncorresponding approval means an approval under a corresponding law approving undercover operations;\ncorresponding authority means—\n\t(a)\tan authority under a corresponding law to acquire or use an assumed identity in this State; or\n\t(b)\tan authority under a corresponding law to request the production of evidence of an assumed identity;\ncorresponding law means a law of another jurisdiction declared by the regulations to correspond to this Act, or to a Part (or Parts) of this Act;\ncourt includes a tribunal or body or person invested by law with judicial or quasi‑judicial powers, or with authority to make an inquiry or to receive evidence;\ncourt name for an operative (whether a local or an interstate operative) in relation to proceedings, means a name, other than the operative's real name, or code used to identify the operative in the proceedings;\ncriminal activity means conduct that involves the commission of an offence by 1 or more persons;\ndoing a thing includes failing to do the thing;\nevidence of identity, means a document or other thing that evidences or indicates, or can be used to evidence or indicate, a person's identity or an aspect of a person's identity;\nfalse representation does not include a representation made under an authority under this Act;\ngovernment issuing agency, in relation to an authority, means any of the following named in the authority that issues evidence of identity:\n\t(a)\ta person or body (whether incorporated or not) that performs any function of the government of this State;\n\t(b)\ta person or body (whether incorporated or not) prescribed by the regulations for the purposes of this definition;\ninterstate operative means a person in respect of whom an interstate witness identity protection certificate is in force;\ninterstate witness identity protection certificate means a certificate given under a provision of a corresponding law that corresponds to section 31;\ninvestigation means an investigation in relation to criminal activity, including an investigation extending beyond this State;\nissuing agency means—\n\t(a)\ta government issuing agency; or\n\t(b)\ta non-government issuing agency;\njurisdiction means the Commonwealth or a State or Territory of the Commonwealth;\nlaw enforcement agency means—\n\t(a)\tSA Police; or\n\t(b)\tthe Australian Crime Commission; or\n\t(c)\tthe Independent Commission Against Corruption;\nlaw enforcement officer means—\n\t(a)\tin relation to SA Police—a police officer or a police officer (however described) of another jurisdiction seconded to SA Police; or\n\t(b)\tin relation to the Australian Crime Commission—a member of staff of the Australian Crime Commission or a person seconded to the Australian Crime Commission; or\n\t(c)\tin relation to the Independent Commission Against Corruption—an investigator under the Independent Commission Against Corruption Act 2012;\nlocal operative means a person who is or was—\n\t(a)\tan authorised participant under Part 2; or\n\t(b)\tan authorised person under Part 3;\nnon-government issuing agency, in relation to an authority, means a person, body or entity (other than a government issuing agency) named in the authority that issues evidence of identity;\nofficer of an agency includes a person employed or engaged in the agency;\noperative means—\n\t(a)\tan interstate operative; or\n\t(b)\ta local operative,\nas the case requires;\nparticipating jurisdiction means a jurisdiction in which a corresponding law is in force;\nparty to proceedings means—\n\t(a)\tin relation to criminal proceedings—the prosecutor and each accused person;\n\t(b)\tin relation to civil proceedings—each person who is a party to the proceedings;\n\t(c)\tin relation to any other proceedings—each person who may appear or give evidence in the proceedings;\npresiding officer, in relation to proceedings, means the person constituting the court, or presiding over the court, in the proceedings;\nproceedings means any criminal, civil or other proceeding or inquiry, reference or examination in which, by law or consent of parties, evidence is or may be given, and includes an arbitration;\nprofessional misconduct means misconduct or a breach of discipline—\n\t(a)\tunder the Police Act 1998; or\n\t(b)\tunder a law of another jurisdiction that corresponds to the Police Act 1998; or\n\t(c)\tunder a law of the Commonwealth that governs the conduct of members of staff of the Australian Crime Commission,\nbut does not mean misconduct or a breach of discipline—\n\t(d)\tthat constitutes minor misconduct, or is the subject of an informal inquiry only, under the Police Act 1998; or\n\t(e)\tthat constitutes minor misconduct (however referred to), or is the subject of an informal inquiry only, under any of the laws referred to in paragraph (b) or (c);\nrepealed Act means the Criminal Law (Undercover Operations) Act 1995 repealed under Schedule 1;\nSA Police means South Australia Police;\nserious criminal behaviour means behaviour involving the commission of—\n\t(a)\tan indictable offence; or\n\t(b)\tan offence against the Controlled Substances Act 1984; or\n\t(c)\tan offence against section 52, 53, 72 or 74 of the Fisheries Management Act 2007; or\n\t(ca)\tan offence against section 29 of the Liquor Licensing Act 1997; or\n\t(d)\tan offence against section 63 or 75 of the Lottery and Gaming Act 1936; or\n\t(e)\tan offence against section 47(1), (2) or (4), 48(1), 48A(1), 51(1) or 60(1) of the National Parks and Wildlife Act 1972; or\n\t(f)\tan offence against section 21OB or 21OC of the Summary Offences Act 1953;\nsupervisor of an authorised civilian means the law enforcement officer who supervises, or is to supervise, the acquisition or use of an assumed identity by the authorised civilian;\nundercover operations means operations (which may include conduct that is apart from this Act illegal) of which the intended purpose is to provide persons who have engaged, are engaging or are about to engage in serious criminal behaviour an opportunity to—\n\t(a)\tmanifest that behaviour; or\n\t(b)\tprovide other evidence of that behaviour;\nuse an assumed identity, includes representing (whether expressly or impliedly, or by saying or doing something) the identity to be real when it is not;\nwitness identity protection certificate means a certificate given under section 31 in respect of a local operative in relation to proceedings.\n\t(2)\tFor the purposes of this Act, a person is reckless about whether or not an act has been done if—\n\t(a)\tthe person is aware of a substantial risk that the act has been done; and\n\t(b)\thaving regard to the circumstances known to the person, it is unjustifiable to take the risk.\nPart 2—Undercover operations\n4—Approval of undercover operations\n\t(1)\tA senior police officer may approve undercover operations for the purpose of gathering evidence of serious criminal behaviour.\n\t(1a)\tAn investigator under the Independent Commission Against Corruption Act 2012 may apply to the Independent Commissioner Against Corruption to approve undercover operations for the purpose of an investigation into corruption in public administration under that Act where the suspected corruption involves, or may involve, serious criminal behaviour.\n\t(2)\tAn approval may not be given unless the senior police officer or the Independent Commissioner Against Corruption (as the case may be)—\n\t(a)\tsuspects, on reasonable grounds, that persons (whose identity may—but need not—be known to the officer) have engaged, are engaging or are about to engage in serious criminal behaviour of the kind to which the proposed undercover operations relate; and\n\t(b)\tis satisfied on reasonable grounds that the ambit of the proposed undercover operations is not more extensive than could reasonably be justified in view of the nature and extent of the suspected serious criminal behaviour; and\n\t(c)\tis satisfied on reasonable grounds that the means are proportionate to the end; that is, that the proposed undercover operations are justified by the social harm of the serious criminal behaviour against which they are directed; and\n\t(d)\tis satisfied on reasonable grounds that the undercover operations are properly designed to provide persons who have engaged, or are engaging or about to engage, in serious criminal behaviour an opportunity—\n\t(i)\tto manifest that behaviour; or\n\t(ii)\tto provide other evidence of that behaviour,\nwithout undue risk that persons without a predisposition to serious criminal behaviour will be encouraged into serious criminal behaviour that they would otherwise have avoided.\n\t(3)\tBefore giving approval, the senior police officer or the Independent Commissioner Against Corruption (as the case may be) must consider whether approval for similar operations has previously been sought, and, if sought and refused, the reasons for that refusal.\n\t(4)\tThe approval must—\n\t(a)\tbe in writing; and\n\t(b)\tbe signed by the person giving the approval; and\n\t(c)\tspecify—\n\t(i)\tthe date and time of the signing, and the time from which the approval takes effect (which may be contemporaneous with or later than the time of signing but cannot be earlier); and\n\t(ii)\tthe persons who are authorised to participate in the operations; and\n\t(iii)\tthe nature of the conduct in which the participants are authorised to engage; and\n\t(iv)\ta period (not exceeding 3 months) for which the approval is given.\n\t(5)\tA senior police officer or the Independent Commissioner Against Corruption (as the case may be) may renew, from time to time, an approval for 1 or more further periods.\n\t(6)\tA senior police officer or the Independent Commissioner Against Corruption (as the case may be) must, within 14 days after giving or renewing an approval, cause a copy of the instrument of approval or renewal to be given to the Attorney‑General.\n\t(7)\tIn this section—\nsenior police officer means a police officer of or above the rank of Superintendent.\n5—Legal immunity of persons taking part in approved undercover operations\n\t(1)\tDespite any other law, an authorised participant in approved undercover operations incurs no criminal liability by taking part in undercover operations in accordance with the terms of the approval.\n\t(2)\tThis section operates both prospectively and retrospectively.\nPart 3—Assumed identities\nDivision 1—Authority to acquire or use assumed identity\n6—Application for authority\n\t(1)\tA law enforcement officer of a law enforcement agency may apply to the chief officer of the law enforcement agency for an authority for the law enforcement officer, or another person, to do either or both of the following:\n\t(a)\tacquire an assumed identity;\n\t(b)\tuse an assumed identity.\n\t(2)\tA separate application must be made in respect of each assumed identity to be acquired or used.\n\t(3)\tAn application—\n\t(a)\tmust be in writing in the form approved by the chief officer; and\n\t(b)\tmust contain the following information:\n\t(i)\tthe name of the applicant;\n\t(ii)\tthe name of the person to be authorised to acquire or use an assumed identity (if not the applicant);\n\t(iii)\tif the person to be authorised is not a law enforcement officer—the name and rank or position of the person proposed to be appointed as supervisor and an explanation of why it is necessary for a person who is not a law enforcement officer to acquire or use the assumed identity;\n\t(iv)\tdetails of the proposed assumed identity;\n\t(v)\treasons for the need to acquire or use an assumed identity;\n\t(vi)\tto the extent known—details of the investigation or intelligence gathering exercise in which the assumed identity will be used;\n\t(vii)\tdetails of the issuing agencies (if any) and the types of evidence to be issued by them;\n\t(viii)\tdetails of any application to be made for an order under section 12 in respect of the assumed identity.\n\t(4)\tAn applicant must provide the chief officer with any other information required by the chief officer for the purposes of determining the application.\n7—Determination of applications\n\t(1)\tThe chief officer of a law enforcement agency may, on application under section 6 for an authority, grant the authority subject to such conditions as the chief officer thinks fit.\n\t(2)\tThe chief officer may not grant any such authority unless satisfied on reasonable grounds—\n\t(a)\tthat the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to criminal activity; and\n\t(b)\tthat the risk of abuse of the assumed identity by the authorised person is minimal; and\n\t(c)\tif the application is for authorisation of an assumed identity for a person who is not a law enforcement officer—that it would be impossible or impracticable in the circumstances to authorise the acquisition or use (or both) of the assumed identity by a law enforcement officer for the purpose sought.\n\t(3)\tIf an authority is granted in respect of an authorised civilian, the chief officer must appoint a law enforcement officer of the agency to supervise the acquisition or use (or both) of the assumed identity by the authorised civilian.\n\t(4)\tA law enforcement officer appointed as supervisor under subsection (3) must be—\n\t(a)\tin the case of SA Police—of or above the rank of Sergeant;\n\t(b)\tin the case of the Australian Crime Commission—of or above the rank of Senior Investigator.\n\t(5)\tAn authority may also authorise any 1 or more of the following:\n\t(a)\tan application for an order for an entry in a register of births, deaths or marriages under section 12 or a corresponding law;\n\t(b)\ta request under section 14 or 23;\n\t(c)\tthe use of an assumed identity in a participating jurisdiction.\n\t(6)\tA separate authority is required for each assumed identity.\n8—Form of authority\nAn authority must—\n\t(a)\tbe in writing in the form approved by the chief officer of the law enforcement agency granting the authority; and\n\t(b)\tbe signed by the person granting the authority; and\n\t(c)\tspecify—\n\t(i)\tthe name of the person granting the authority;\n\t(ii)\tthe date on which the authority comes into effect;\n\t(iii)\tdetails of the assumed identity authorised;\n\t(iv)\tdetails of evidence of the assumed identity that may be acquired under the authority;\n\t(v)\tthe conditions (if any) to which the authority is subject; \n\t(vi)\tthe reason why the authority is granted;\n\t(vii)\tif the authority relates to an authorised officer—the name of the authorised officer;\n\t(viii)\tif the authority relates to an authorised civilian—\n\t(A)\tthe name of the authorised civilian; and\n\t(B)\tthe name of his or her supervisor under the authority; and\n\t(C)\tthe period (which may not exceed 3 months) for which the authority will remain in force;\n\t(ix)\teach issuing agency to which a request may be made under section 14 or 23;\n\t(x)\twhether it authorises an application for an order for an entry in a register of births, deaths or marriages under section 12 or a corresponding law;\n\t(xi)\teach participating jurisdiction in which the assumed identity may be used.\n9—Period of authority\n\t(1)\tAn authority for an authorised officer remains in force until cancelled.\n\t(2)\tAn authority for an authorised civilian remains in force until the end of the period specified in the authority (which may not exceed 3 months), unless the authority is cancelled sooner.\n10—Variation or cancellation of authority\n\t(1)\tThe chief officer of a law enforcement agency who grants an authority—\n\t(a)\tmay vary or cancel the authority at any time; and\n\t(b)\tmust cancel the authority if satisfied (on a review or otherwise) that any of the grounds for the granting of the authority no longer exist.\n\t(2)\tThe chief officer must give written notice of the variation or cancellation to—\n\t(a)\tthe authorised person to whom it relates; and\n\t(b)\tif the authorised person is an authorised civilian—the authorised person's supervisor.\n\t(3)\tThe notice must specify the reason why the authority is varied or cancelled.\n\t(4)\tThe variation or cancellation takes effect—\n\t(a)\ton the day the written notice is given to the authorised person; or\n\t(b)\tif a later date is specified in the notice—on that day.\n11—Yearly review of authority\n\t(1)\tThe chief officer of a law enforcement agency must, at least once in every 12 month period, review each authority granted under this Part.\n\t(2)\tThe purpose of a review is to determine whether the grounds for the granting of the authority still exist.\n\t(3)\tIf on a review the chief officer is satisfied—\n\t(a)\tthat the grounds for the granting of the authority still exist—the chief officer must record his or her opinion and the reasons for it in writing;\n\t(b)\tthat any of the grounds for the granting of the authority no longer exist—the chief officer must cancel the authority under section 10.\n12—Making entries in register of births, deaths and marriages\n\t(1)\tThe Supreme Court may order the Registrar of Births, Deaths and Marriages to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or corresponding authority.\n\t(2)\tThe Court may only make an order under this section—\n\t(a)\ton application by—\n\t(i)\tthe chief officer of a law enforcement agency; or\n\t(ii)\tthe chief officer of a law enforcement agency under a corresponding law; and\n\t(b)\tif satisfied that the order is justified having regard to the nature of the activities undertaken or to be undertaken by the officer or person under the authority or corresponding authority.\n\t(3)\tAn application for an order under this section must be heard in closed court.\n\t(4)\tThe Registrar of Births, Deaths and Marriages must give effect to an order under this section—\n\t(a)\twithin the period specified in the order; or\n\t(b)\tif no period is specified in the order—within 28 days after the day on which the order is made.\n13—Cancellation of authority affecting entry in register of births, deaths and marriages\n\t(1)\tThis section applies if—\n\t(a)\tthe chief officer of a law enforcement agency cancels an authority for an assumed identity; and\n\t(b)\tthere is an entry in relation to that identity—\n\t(i)\tin the Register under the Births, Deaths and Marriages Registration Act 1996 as a consequence of an order under section 12; or\n\t(ii)\tin a register of births, deaths or marriages in a participating jurisdiction as a consequence of an order under a corresponding law of the jurisdiction.\n\t(2)\tIf subsection (1)(b)(i) applies—\n\t(a)\tthe chief officer must, within 28 days after the day on which the authority is cancelled, apply to the Supreme Court for an order that the Registrar of Births, Deaths and Marriages cancel the entry; and\n\t(b)\tthe Registrar of Births, Deaths and Marriages must give effect to the order within 28 days after the day on which the order is made.\n\t(3)\tAn application under subsection (2)(a) must be heard in closed court.\n\t(4)\tIf subsection (1)(b)(ii) applies, the chief officer must apply for an order under the corresponding law to cancel the entry within 28 days after the day on which the authority is cancelled.\nDivision 2—Evidence of assumed identity\n14—Request for evidence of assumed identity\n\t(1)\tSubject to this section, the chief officer of a law enforcement agency who grants an authority under this Part may request the chief officer of an issuing agency specified in the authority—\n\t(a)\tto produce evidence of an assumed identity in accordance with the authority; and\n\t(b)\tto provide the authorised person named in the authority with evidence of the assumed identity.\n\t(2)\tA request under this section must specify a reasonable period for compliance with the request.\n\t(3)\tThe chief officer of—\n\t(a)\ta government issuing agency must comply with a request under this section within the period specified in the request;\n\t(b)\ta non-government issuing agency may comply with a request under this section.\n\t(4)\tA request cannot be made under this section for an entry in the Register under the Births, Deaths and Marriages Registration Act 1996.\n\t(5)\tIn this section—\nevidence means evidence similar to that ordinarily produced or given by the issuing authority.\n15—Cancellation of evidence of assumed identity\n\t(1)\tThe chief officer of an issuing agency must cancel evidence of an assumed identity produced by the agency if directed in writing to do so by the chief officer for the time being of the law enforcement agency that requested the evidence be produced.\n\t(2)\tIn this section—\ncancel includes delete or alter an entry in a record of information.\n16—Legal immunity of officers of issuing agencies\nThe chief officer or any other officer of an issuing agency (whether government or non‑government) who does something that, apart from this section, would be an offence, is not criminally responsible for the offence if the thing is done to comply with a request under this Division.\n17—Indemnity for issuing agencies and officers\nWhere the chief officer of a law enforcement agency makes a request or gives a direction under this Division to the chief officer of an issuing agency (whether government or non‑government), the law enforcement agency must indemnify the issuing agency, or an officer of the agency, for any liability incurred by the agency or officer (including reasonable costs) if—\n\t(a)\tthe liability is incurred because of something done by the agency or officer to comply with the request or direction in the course of duty; and\n\t(b)\tthe requirements (if any) prescribed by the regulations have been met.\nDivision 3—Effect of authority\n18—Assumed identity may be acquired and used\n\t(1)\tAn authorised officer may acquire or use (or acquire and use) an assumed identity if the acquisition or use (or acquisition and use) is—\n\t(a)\tin accordance with an authority; and\n\t(b)\tin the course of duty.\n\t(2)\tAn authorised civilian may acquire or use (or acquire and use) an assumed identity if the acquisition or use (or acquisition and use) is in accordance with—\n\t(a)\tan authority; and\n\t(b)\tany direction by the person's supervisor under the authority.\n19—Legal immunity of authorised persons acting under authority\nWhere an authorised person does something (whether in this State or elsewhere) that, apart from this section, would be an offence, the officer or person is not criminally responsible for the offence if—\n\t(a)\tthe act is done in the course of acquiring or using an assumed identity in accordance with an authority; and\n\t(b)\tthe act is done—\n\t(i)\tin the case of an authorised officer—in the course of his or her duty; or\n\t(ii)\tin the case of an authorised civilian—in accordance with any direction by his or her supervisor under the authority; and\n\t(c)\tdoing the act would not be an offence if the assumed identity were the person's real identity.\n20—Indemnity for authorised persons\nWhere the chief officer of a law enforcement agency grants an authority, the law enforcement agency must indemnify the authorised person under the authority for any liability incurred by the person (including reasonable costs) because of something done by the person (whether in this State or elsewhere) if—\n\t(a)\tthe act is done in the course of acquiring or using an assumed identity in accordance with the authority; and\n\t(b)\tthe act is done—\n\t(i)\tin the case of an authorised officer—in the course of his or her duty; or\n\t(ii)\tin the case of an authorised civilian—in accordance with any direction by his or her supervisor under the authority; and\n\t(c)\tthe requirements (if any) prescribed by the regulations have been met.\n21—Particular qualifications\n\t(1)\tSections 19 and 20 do not apply to anything done by an authorised person if—\n\t(a)\ta particular qualification is needed to do the thing; and\n\t(b)\tthe person does not have that qualification.\n\t(2)\tThis section applies whether or not the person has acquired as evidence of an assumed identity a document indicating that he or she has that qualification.\n22—Effect of being unaware of variation or cancellation of authority\n\t(1)\tIf an authority has been varied in a way that limits its scope, this Division continues to apply to the authorised person to whom it relates as if it had not been so varied for as long as the person—\n\t(a)\tis unaware of the variation; and\n\t(b)\tis not reckless about the existence of the variation.\n\t(2)\tIf an authority has been cancelled, this Division continues to apply to the authorised person to whom it related as if it had not been cancelled for as long as the person—\n\t(a)\tis unaware of the cancellation; and\n\t(b)\tis not reckless about the existence of the cancellation.\nDivision 4—Mutual recognition\n23—Requests to participating jurisdiction for evidence of assumed identity\n\t(1)\tThe chief officer of a law enforcement agency granting an authority may, if the authority authorises a request under this section, request the chief officer of an issuing agency of a participating jurisdiction specified in the authority—\n\t(a)\tto produce evidence of the assumed identity in accordance with the authority; and\n\t(b)\tto give evidence of the assumed identity to the authorised person named in the authority.\n\t(2)\tIf the chief officer of a law enforcement agency makes a request to the chief officer of an issuing agency of a participating jurisdiction under this section, the law enforcement agency must indemnify the issuing agency, and any officer of the issuing agency, for any liability incurred by the agency or officer (including reasonable costs) if—\n\t(a)\tthe liability is incurred because of something done (whether in this State or elsewhere) by the agency or officer to comply with the request in the course of duty; and\n\t(b)\tthe requirements (if any) prescribed by the regulations have been met.\n24—Requests from participating jurisdiction for evidence of assumed identity\n\t(1)\tThis section applies if—\n\t(a)\tan authority under a corresponding law authorises a request—\n\t(i)\tto produce evidence of an assumed identity in this State; and\n\t(ii)\tto provide evidence of the assumed identity to the authorised person named in the authority; and\n\t(b)\tthe request is made to the chief officer of an issuing agency in this State; and\n\t(c)\tthe request specifies a reasonable period for compliance with the request.\n\t(2)\tThe chief officer of an issuing agency—\n\t(a)\tin the case of a government issuing agency—must comply with any such request within the period specified in the request;\n\t(b)\tin the case of a non‑government issuing agency—may comply with any such request.\n\t(3)\tThe chief officer of an issuing agency that produces evidence of an assumed identity as the result of a request under this section must cancel the evidence if directed in writing to do so by the chief officer for the time being of the law enforcement agency that requested the evidence be produced.\n\t(4)\tIn this section—\ncancel includes delete or alter an entry in a record of information.\nDivision 5—Compliance and monitoring\n25—Misuse of assumed identity\n\t(1)\tAn authorised officer is guilty of an offence if—\n\t(a)\the or she intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by his or her authority; and\n\t(b)\the or she knows that, or is reckless as to whether, the acquisition or use is not—\n\t(i)\tin accordance with his or her authority; or\n\t(ii)\tin the course of duty.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tAn authorised civilian is guilty of an offence if—\n\t(a)\the or she intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by his or her authority; and\n\t(b)\the or she knows that, or is reckless as to whether, the acquisition or use is not in accordance with—\n\t(i)\this or her authority; or\n\t(ii)\tthe directions of his or her supervisor under the authority.\nMaximum penalty: Imprisonment for 2 years.\n26—Disclosing information about assumed identity\n\t(1)\tA person is guilty of an offence if—\n\t(a)\tthe person intentionally, knowingly or recklessly discloses information that the person knows or is reckless as to whether it reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person's real identity; and\n\t(b)\tthe person knows, or is reckless as to whether, the disclosure is not made—\n\t(i)\tin connection with the administration or execution of this Act or a corresponding law; or\n\t(ii)\tfor the purposes of proceedings arising out of or otherwise related to this Act or a corresponding law or of a report of any such proceedings; or\n\t(iii)\tin accordance with any requirement imposed by law.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tA person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which—\n\t(a)\tthe person intends to endanger the health or safety of another or prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity; or\n\t(b)\tthe person knows, or is reckless as to whether, the disclosure of the information—\n\t(i)\tendangers or will endanger the health or safety of another; or\n\t(ii)\tprejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity.\nMaximum penalty: Imprisonment for 10 years.\n27—Record keeping\n\t(1)\tThe chief officer of a law enforcement agency must cause appropriate records to be kept about the operation of this Part in respect of the agency.\n\t(2)\tFor the purposes of subsection (1), the records of the agency must include the following information in respect of each authority granted, varied or cancelled under this Part:\n\t(a)\tthe date on which the authority was granted, varied or cancelled and the name of the person who granted, varied or cancelled the authority;\n\t(b)\tthe name of the authorised person under the authority, together with details of the assumed identity to which the authority applies;\n\t(c)\tdetails of any request made to an issuing agency under section 14 in respect of the authority;\n\t(d)\tthe general nature of the duties undertaken by the authorised person under the assumed identity;\n\t(e)\tgeneral details of relevant financial transactions entered into using the assumed identity;\n\t(f)\tdetails of the annual reviews of the authority.\n28—Audit of records\n\t(1)\tThe chief officer of a law enforcement agency must arrange for the records kept for each authority in respect of the agency to be audited—\n\t(a)\tat least once every 6 months while the authority is in force; and\n\t(b)\tat least once in the 6 months following the cancellation or expiry of the authority.\n\t(2)\tAn audit must be conducted by a person appointed by the chief officer.\n\t(3)\tThe person appointed to conduct an audit—\n\t(a)\tmay but need not be an officer of the law enforcement agency;\n\t(b)\tmust not be a person—\n\t(i)\twho granted, varied or cancelled any of the authorities to which the records relate; or\n\t(ii)\twho is or was an authorised person under any of the authorities to which the records relate.\n\t(4)\tThe results of an audit are to be reported to the chief officer.\nDivision 6—Delegation\n29—Delegation\n\t(1)\tDespite any other Act or law to the contrary, the functions of a chief officer of a law enforcement agency under this Part may not be delegated to any other person except as provided by this section.\n\t(2)\tA chief officer of a law enforcement agency may delegate to a senior officer of the agency any of the chief officer's functions under this Part.\n\t(3)\tNo more than 4 delegations may be in force under this section at any 1 time in respect of any 1 law enforcement agency.\n\t(4)\tIn this section—\nsenior officer means—\n\t(a)\tin relation to SA Police—a police officer of or above the rank of Superintendent;\n\t(b)\tin relation to the Australian Crime Commission—\n\t(i)\tthe Director National Operations; or\n\t(ii)\ta Director; or\n\t(iii)\tthe General Manager National Operations; or\n\t(iv)\ta member of staff of the Australian Crime Commission who is an SES employee or acting SES employee (within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth) and who holds a position that is prescribed by the regulations for the purposes of this definition.\nPart 4—Witness identity protection\nDivision 1—Interpretation\n30—Interpretation\nFor the purposes of this Part—\n\t(a)\ta charge against a person for an offence is outstanding until the charge is finally dealt with in any of the following ways:\n\t(i)\tthe charge is withdrawn;\n\t(ii)\tthe charge is dismissed by a court;\n\t(iii)\tthe person is discharged by a court following committal proceedings;\n\t(iv)\tthe person is acquitted or found guilty of the offence;\n\t(v)\tthe person is declared under Part 8A of the Criminal Law Consolidation Act 1935 to be liable to supervision;\n\t(vi)\tin any other case—when proceedings relating to the charge are otherwise concluded or terminated; and\n\t(b)\tanything permitted to be done by a party to proceedings may be done by the party's lawyer; and\n\t(c)\tany requirement to give something to a party to proceedings is satisfied by giving the thing to the party's lawyer.\nDivision 2—Witness identity protection certificates for local operatives\n31—Chief officer may give witness identity protection certificate to local operative\n\t(1)\tThe chief officer of a law enforcement agency may give a certificate in respect of a local operative in relation to proceedings (a witness identity protection certificate) if—\n\t(a)\tthe local operative is, or may be, required to give evidence in the proceedings; and\n\t(b)\tthe chief officer is satisfied on reasonable grounds that the disclosure in the proceedings of the local operative's identity or where the local operative lives is likely—\n\t(i)\tto endanger the safety of the local operative or another person; or\n\t(ii)\tto prejudice an investigation.\n\t(2)\tThe chief officer may not give a witness identity protection certificate in respect of the local operative until the chief officer has received the following information from the local operative verified by statutory declaration:\n\t(a)\twhether he or she has ever been convicted or found guilty of an offence (in this State or elsewhere) and, if so, particulars of each offence;\n\t(b)\twhether any charges against the local operative for an offence are pending or outstanding (in this State or elsewhere) and, if so, particulars of each charge;\n\t(c)\tif the local operative is or was a law enforcement officer—\n\t(i)\twhether he or she has ever been found guilty of professional misconduct and, if so, particulars of each finding; and\n\t(ii)\twhether to his or her knowledge any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation;\n\t(d)\twhether to the local operative's knowledge a court (in this State or elsewhere) has ever made any adverse comment about his or her credibility and, if so, particulars of the comment;\n\t(e)\twhether the local operative has ever made a false representation when the truth was required and, if so, particulars of the representation;\n\t(f)\tparticulars of anything else known to the local operative that may be relevant to his or her credibility.\n\t(3)\tA person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceedings.\n\t(4)\tHowever, subsection (3) does not apply to—\n\t(a)\tproceedings for perjury or otherwise in respect of the falsity of the statutory declaration; or\n\t(b)\tproceedings of a disciplinary nature against a law enforcement officer; or\n\t(c)\tinvestigations or inquiries by a person or body in any jurisdiction having jurisdiction to investigate or inquire into the conduct of a law enforcement officer.\n\t(5)\tThe chief officer must make all reasonable enquiries to enable him or her to ascertain the information required to be included in the certificate under this Part.\n32—Protection of decision to give witness identity protection certificate\n\t(1)\tA decision to give a witness identity protection certificate—\n\t(a)\tis final; and\n\t(b)\tcannot be appealed against, reviewed, called into question, quashed or invalidated in any court.\n\t(2)\tSubsection (1) does not prevent a decision to give a witness identity protection certificate from being called into question in the course of any proceedings of a disciplinary nature against the person who made the decision.\n33—Form of witness identity protection certificate\n\t(1)\tThe chief officer of a law enforcement agency must ensure that a witness identity protection certificate given in respect of a local operative in relation to proceedings includes the following information:\n\t(a)\tthe name of the law enforcement agency of which he or she is the chief officer;\n\t(b)\tthe date on which the certificate is given;\n\t(c)\tthe grounds for giving the certificate;\n\t(d)\tif the local operative—\n\t(i)\tis known to a party to the proceedings or a party's lawyer by a name other than the local operative's real name—that name (the assumed name); or\n\t(ii)\tis not known to any party to the proceedings or any party's lawyer by a name—the local operative's court name for the proceedings;\n\t(e)\tthe period during which the local operative was involved in the investigation to which the proceedings relate;\n\t(f)\twhether the local operative has ever been convicted or found guilty of an offence (in this State or elsewhere) and, if so, particulars of each offence;\n\t(g)\twhether any charges against the local operative for an offence are pending or outstanding (in this State or elsewhere) and, if so, particulars of each charge;\n\t(h)\tif the local operative is or was a law enforcement officer—\n\t(i)\twhether the local operative has ever been found guilty of professional misconduct and, if so, particulars of each finding; and\n\t(ii)\twhether to the local operative's knowledge any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation;\n\t(i)\twhether, to the knowledge of the person giving the certificate, a court (in this State or elsewhere) has ever made any adverse comment about the local operative's credibility and, if so, particulars of the comment;\n\t(j)\twhether, to the knowledge of the person giving the certificate, the local operative has ever made a false representation when the truth was required and, if so, particulars of the representation;\n\t(k)\tif there is anything else known to the person giving the certificate that may be relevant to the local operative's credibility, particulars of the thing.\n\t(2)\tA witness identity protection certificate must not contain information that may allow the local operative's identity, or where the local operative lives, to be revealed.\n34—Cancellation of witness identity protection certificate\n\t(1)\tIf, in relation to proceedings, the chief officer of a law enforcement agency considers that it is no longer necessary or appropriate to prevent the disclosure of the identity of a local operative or where he or she lives, the chief officer may cancel a witness identity protection certificate in respect of the local operative.\n\t(2)\tIf a witness identity protection certificate is cancelled after it has been filed in court under section 37, the chief officer must immediately give written notice to the court and each party to the proceedings that the certificate has been cancelled.\n35—Permission to give information disclosing operative's identity etc\n\t(1)\tWhere the chief officer of a law enforcement agency gives a witness identity protection certificate in respect of a local operative in relation to proceedings, the chief officer may, if he or she considers it necessary or appropriate for information that discloses, or may lead to the disclosure of, the local operative's identity or where he or she lives to be given otherwise than in the proceedings, give written permission to a person to give the information.\n\t(2)\tThe permission—\n\t(a)\tmust—\n\t(i)\tidentify the person who may give the information; and\n\t(ii)\tidentify the person to whom the information may be given; and\n\t(iii)\tspecify the information that may be given; and\n\t(b)\tmay specify how the information may be given.\nDivision 3—Use of witness identity protection certificates in proceedings\n36—Application and interpretation of Division\n\t(1)\tThis Division applies to proceedings in this State in which an operative is, or may be, required to give evidence obtained as an operative.\n\t(2)\tTo remove any doubt, this Division does not affect the operation of the common law in relation to the protection of the identity of a person who is not an operative who gives or intends to give evidence in proceedings in this State.\n\t(3)\tIn this Division—\nwitness identity protection certificate means—\n\t(a)\ta witness identity protection certificate given in respect of a local operative; or\n\t(b)\tan interstate witness identity protection certificate,\nas the case requires.\n37—Filing and effect of filing of witness identity protection certificate in court\n\t(1)\tA witness identity protection certificate for an operative in relation to proceedings in this State must be filed in court before the operative gives evidence in the proceedings.\n\t(2)\tA person who files a witness identity protection certificate in court under this section must serve a copy of the certificate—\n\t(a)\ton each party to the proceedings at least 14 days (or such shorter period as may be agreed by the parties) before the day on which the operative is to give evidence; and\n\t(b)\tby order of the court—on any other person specified in the order.\n\t(3)\tIf—\n\t(a)\ta witness identity protection certificate given in respect of an operative is filed under this section; and\n\t(b)\teither—\n\t(i)\ta copy of the certificate is served in accordance with this section; or\n\t(ii)\tthe court gives permission for this section to apply despite non‑compliance with this section,\nthen—\n\t(c)\tthe operative may give evidence in the proceedings under the assumed name, or court name, specified in the certificate; and\n\t(d)\tsubject to this Division—\n\t(i)\ta question must not be asked of a witness (including the operative) that may lead to the disclosure of the operative's identity or where the operative lives; and\n\t(ii)\ta witness (including the operative) cannot be required to (and must not) answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives; and\n\t(iii)\ta person involved in the proceedings must not make a statement that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives.\n\t(4)\tThe presiding officer in proceedings in a court in which a witness identity protection certificate in respect of an operative has been filed may require the operative—\n\t(a)\tto disclose his or her true identity to the presiding officer; and\n\t(b)\tto provide the presiding officer with photographic evidence of that identity.\n\t(5)\tFor the purposes of this section, a person involved in proceedings includes—\n\t(a)\tthe court; and\n\t(b)\ta party to the proceedings; and\n\t(c)\ta person given permission to be heard or make submissions in the proceedings; and\n\t(d)\ta lawyer representing a person referred to in paragraph (b) or (c) or a lawyer assisting the court in the proceedings; and\n\t(e)\tany other officer of the court or person assisting the court in the proceedings; and\n\t(f)\ta person acting in the execution of any process or the enforcement of any order in the proceedings.\n38—Orders to protect operative's identity etc\n\t(1)\tThe court in which a witness identity protection certificate is filed may make any order it considers necessary or desirable to protect the identity of the operative in respect of whom the certificate has been filed or to prevent the disclosure of where the operative lives.\n\t(2)\tA person is guilty of an offence if—\n\t(a)\tthe person knows, or is reckless as to whether, an order has been made under this section; and\n\t(b)\tthe person intentionally, knowingly or recklessly contravenes the order.\nMaximum penalty: Imprisonment for 2 years.\n\t(3)\tSubsection (2) does not limit the court's power to punish for contempt.\n39—Directions to jury\nSubject to section 40(4)(b), if an operative in respect of whom a witness identity protection certificate has been filed in court in relation to proceedings gives evidence in the proceedings, the court must (unless it considers it inappropriate) direct the jury not to give the operative's evidence any more or less weight, or draw any adverse inferences against the defendant or another party to the proceedings because the certificate has been filed or the court has made an order under section 38.\n40—Application for disclosure of operative's identity etc in proceedings\n\t(1)\tIf a witness identity protection certificate in respect of an operative has been filed in a court in relation to proceedings, a party to the proceedings or a lawyer assisting the court in the proceedings may, at any time after the certificate has been filed, apply to the court—\n\t(a)\tfor permission—\n\t(i)\tto ask a question of a witness (including the operative) that may lead to the disclosure of the operative's identity or where the operative lives; or\n\t(ii)\tfor a person involved in the proceedings to make a statement that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives; or\n\t(b)\tfor an order requiring a witness (including the operative) to answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives.\n\t(2)\tAn application under this section must be heard in the absence of the jury (if any).\n\t(3)\tThe court may give permission or make an order under this section if (and only if) the court is satisfied that—\n\t(a)\tthere is evidence that, if accepted, would substantially call into question the operative's credibility; and\n\t(b)\tit would be impractical to test properly the credibility of the operative without risking the disclosure of, or disclosing, the operative's identity or where the operative lives; and\n\t(c)\tit is in the interests of justice that the operative's credibility be tested.\n\t(4)\tEach party to the proceedings must be informed of any proposal by the court to give permission or make an order under this section and, if the proposed permission or order relates to a witness who is the operative in respect of whom the witness identity protection certificate has been filed—\n\t(a)\tif the witness has not yet given evidence in the proceedings—the party calling the witness must be given the opportunity to withdraw the witness (in which case, the permission or order relating to that witness lapses);\n\t(b)\tif the witness has already given evidence in the proceedings—the court may, and if a party so requests must, warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it.\n\t(5)\tUnless the court considers that the interests of justice require otherwise, the court must be closed—\n\t(a)\twhen an application is made under this section; and\n\t(b)\tif permission is given or an order made in response to the application—when the evidence is given or information provided that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives.\n\t(6)\tThe court must make an order suppressing the publication of anything said—\n\t(a)\twhen an application is made under this section; and\n\t(b)\tif permission is given or an order made in response to the application—when the evidence is given or information provided that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives.\n\t(7)\tThe court may, under this section, make any other order it considers appropriate to protect the operative's identity or to prevent the disclosure of where the operative lives.\n\t(8)\tNothing in this section prevents the taking of a transcript of court proceedings but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication.\n\t(9)\tA person is guilty of an offence if—\n\t(a)\tthe person knows, or is reckless as to whether, an order has been made under this section; and\n\t(b)\tthe person intentionally, knowingly or recklessly contravenes the order.\nMaximum penalty: Imprisonment for 2 years.\n\t(10)\tSubsection (9) does not limit the court's power to punish for contempt.\n41—Offences\n\t(1)\tA person commits an offence if—\n\t(a)\ta witness identity protection certificate in respect of an operative has been given; and\n\t(b)\tthe person knows, or is reckless as to whether, the certificate has been given; and\n\t(c)\tthe person intentionally, knowingly or recklessly does something (the disclosure action) that discloses, or is likely to lead to the disclosure of, the operative's identity or where the operative lives; and\n\t(d)\tthe person knows, or is reckless as to whether, the certificate has not been cancelled (whether under this Act or a corresponding law) before the person does the disclosure action; and\n\t(e)\tthe person knows, or is reckless as to whether—\n\t(i)\tthe disclosure action is not permitted under this Act; or\n\t(ii)\tthe disclosure action is not authorised under a corresponding law.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tA person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which the person—\n\t(a)\tintends to endanger the health or safety of another or prejudice the effective conduct of an investigation; or\n\t(b)\tknows, or is reckless as to whether, the disclosure action—\n\t(i)\tendangers or will endanger the health or safety of another; or\n\t(ii)\tprejudices or will prejudice the effective conduct of an investigation.\nMaximum penalty: Imprisonment for 10 years.\nDivision 4—Delegation\n42—Delegation\n\t(1)\tDespite any other Act or law to the contrary, the functions of a chief officer of a law enforcement agency under this Part may not be delegated to any other person except as provided by this Division.\n\t(2)\tA chief officer of a law enforcement agency may delegate any of the chief officer's functions under this Part (except this power of delegation) to a senior officer of the agency.\n\t(3)\tIn this Division—\nsenior officer means—\n\t(a)\tin relation to SA Police—a Deputy Commissioner;\n\t(b)\tin relation to the Australian Crime Commission—\n\t(i)\tthe Director National Operations; or\n\t(ii)\tthe General Manager National Operations; or\n\t(iii)\ta member of staff of the Australian Crime Commission who is an SES employee or acting SES employee (within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth) and who holds a position that is prescribed by the regulations for the purposes of this definition.\nPart 5—Application of Act to approvals, authorities or certificates under corresponding laws\n43—Application of Act to approvals under corresponding laws\nThe following provision applies to anything done in this State in relation to a corresponding approval as if it were an approval given under Part 2:\nsection 5 (Legal immunity of persons taking part in approved undercover operations).\n44—Application of Act to authorities under corresponding laws\nThe following provisions apply to anything done in this State in relation to a corresponding authority as if it were an authority granted under Part 3:\n\t(a)\tsection 16 (Legal immunity of officers of issuing agencies);\n\t(b)\tsection 18 (Assumed identity may be acquired and used);\n\t(c)\tsection 19 (Legal immunity of authorised persons acting under authority);\n\t(d)\tsection 21 (Particular qualifications);\n\t(e)\tsection 22 (Effect of being unaware of variation or cancellation of authority);\n\t(f)\tsection 25 (Misuse of assumed identity);\n\t(g)\tsection 26 (Disclosing information about assumed identity).\n45—Application of Act to witness identity protection certificates under corresponding laws\nThe following provisions apply (with any necessary modifications) to a witness identity protection certificate given under a corresponding law as if it were a witness identity protection certificate given under Part 4:\n\t(a)\tsection 37 (Filing and effect of filing of witness identity protection certificate in court);\n\t(b)\tsection 38 (Orders to protect operative's identity etc);\n\t(c)\tsection 39 (Directions to jury);\n\t(d)\tsection 41 (Offences).\nPart 6—Miscellaneous\n46—State Records Act 1997 and Freedom of Information Act 1991 not to apply\n\t(1)\tThe State Records Act 1997 does not apply to information obtained under this Act.\n\t(2)\tInformation obtained under this Act is not liable to disclosure under the Freedom of Information Act 1991.\n47—Annual report\n\t(1)\tAs soon as practicable after 30 June in each year, the chief officer of a law enforcement agency must submit a report to the Minister that includes the following information:\n\t(a)\tin relation to Part 2—\n\t(i)\tthe classes of offence for which approvals were given or renewed during the period of 12 months ending on the preceding 30 June; and\n\t(ii)\tthe number of approvals given or renewed during that period for offences of each class;\n\t(b)\tin relation to Part 3—\n\t(i)\tthe number of authorities granted during the period of 12 months ending on the preceding 30 June; and\n\t(ii)\ta general description of the activities undertaken by authorised persons when using assumed identities under this Act during that period; and\n\t(iii)\tthe number of applications for authorities that were refused during that period; and\n\t(iv)\ta statement as to whether or not any fraud or other unlawful activity was identified by an audit under that Part during that period; and\n\t(v)\tany other information relating to authorities and assumed identities that the Minister considers appropriate;\n\t(c)\tin relation to Part 4—\n\t(i)\tthe number of witness identity protection certificates given during the period of 12 months ending on the preceding 30 June; and\n\t(ii)\tthe basis on which the chief officer was satisfied about the matters mentioned in section 31(1)(b) for each certificate; and\n\t(iii)\tif permission was given or an order made under a provision of a corresponding law that corresponds to section 40 in interstate proceedings in which a witness identity protection certificate in respect of a local operative of the agency was filed—details of the interstate proceedings that relate to the permission or order; and\n\t(iv)\tif a witness identity protection certificate was cancelled—the reason why the certificate was cancelled; and\n\t(v)\tif permission was given under section 35—the reason why the permission was given; and\n\t(vi)\tany other information relating to witness identity protection certificates that the Minister considers appropriate;\n\t(d)\tany other information relating to the administration of this Act that the Minister considers appropriate.\n\t(2)\tThe report relating to Part 4 must not include information that discloses, or may lead to the disclosure of, an operative's identity, or where the operative lives, unless the witness identity protection certificate in respect of the operative has been cancelled.\n\t(3)\tThe chief officer must advise the Minister of any information in the report that should, in the chief officer's opinion, be excluded from the report before the report is laid before Parliament because the information, if made public, could reasonably be expected to—\n\t(a)\tendanger a person's safety; or\n\t(b)\tprejudice an investigation or prosecution; or\n\t(c)\tcompromise a law enforcement agency's operational activities or methodologies.\n\t(4)\tThe Minister must—\n\t(a)\texclude information from the report if satisfied on the advice of the chief officer of any of the grounds set out in subsection (3); and\n\t(b)\ton or before 30 September in each year—cause a copy of the report to be laid before each House of Parliament.\n48—Regulations\n\t(1)\tThe Governor may make such regulations as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tbe of general or limited application;\n\t(b)\tdiffer according to differences in time, place or circumstances.\nSchedule 1—Transitional provisions\nPart 1—Interpretation\n1—Interpretation\n\t(1)\tIn this Schedule—\ncommencement day means the day on which this Schedule comes into operation.\n\t(2)\tA reference in an Act, a statutory instrument or any other instrument or document to an undercover operation approved under the Criminal Law (Undercover Operations) Act 1995 is to be read as a reference to an undercover operation approved under this Act and is to be construed accordingly.\nPart 3—Transitional provisions\n3—Approved undercover operations\nAn undercover operation that was approved under the repealed Act immediately before the commencement day will be taken to be an undercover operation approved under Part 2.\n4—Assumed identities\n\t(1)\tAn authority to use an assumed identity granted in accordance with the policies and procedures of SA Police to a member of SA Police that was in force immediately before the commencement day will be taken, for the period referred to in subclause (2), to be an authority granted under Part 3 to use the assumed identity.\n\t(2)\tThe period is from the start of the commencement day until the earlier of the following:\n\t(a)\tthe day on which cancellation of the authority under Part 3 takes effect; or\n\t(b)\t6 months after the commencement day.\n\t(3)\tNothing in this clause prevents the law enforcement officer from applying for and being granted an authority under Part 3 in relation to the assumed identity.\n\t(4)\tAn authority may be granted under Part 3 in relation to criminal activity occurring before, on or after the commencement day.\n5—Witness identity protection\n\t(1)\tA witness identity protection certificate may be given under Part 4 in relation to interstate proceedings (within the meaning of that Part) that is commenced on or after the commencement day.\n\t(2)\tAn interstate witness identity protection certificate may be filed under Part 4 in proceedings in this State that is commenced on or after the commencement day.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Criminal Investigation (Covert Operations) Act 2009 repealed the following:\nCriminal Law (Undercover Operations) Act 1995\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2009\n7\nCriminal Investigation (Covert Operations) Act 2009\n26.2.2009\n1.7.2009 (Gazette 25.6.2009 p2999)\n2012\n52\nIndependent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cl 11)—1.9.2013 (Gazette 23.5.2013 p2006)\n2014\n20\nIndependent Commissioner Against Corruption (Miscellaneous) Amendment Act 2014\n27.11.2014\nSch 1 (cl 1)—27.11.2014 (Gazette 27.11.2014 p6554)\n2016\n2\nSurveillance Devices Act 2016\n18.2.2016\nSch 1 (cl 2)—18.12.2017 (Gazette 12.12.2017 p4961)\n2017\n18\nSummary Procedure (Indictable Offences) Amendment Act 2017\n14.6.2017\nSch 2 (cll 4 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)\n2018\n40\nSummary Offences (Liquor Offences) Amendment Act 2018\n13.12.2018\nSch 1 (cl 1)—13.12.2020 (s 7(5) Acts Interpretation Act 1915)\n2021\n38\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\n7.10.2021\nSch 1 (cll 10, 11 & 76)—7.10.2021: s 2\n2025\n29\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 12)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.9.2013\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.9.2013\ns 3\n\n\ns 3(1)\n\n\nchief officer\namended by 52/2012 Sch 3 cl 11(1)\n1.9.2013\n\namended by 38/2021 Sch 1 cl 10(1)\n7.10.2021\nlaw enforcement agency\namended by 52/2012 Sch 3 cl 11(2)\n1.9.2013\n\namended by 38/2021 Sch 1 cl 10(2)\n7.10.2021\nlaw enforcement officer\nsubstituted by 52/2012 Sch 3 cl 11(3)\n1.9.2013\n\namended by 38/2021 Sch 1 cl 10(3)\n7.10.2021\nserious criminal behaviour\namended by 40/2018 Sch 1 cl 1(1), (2)\n13.12.2020\nundercover operations\namended by 2/2016 Sch 1 cl 2\n18.12.2017\nPt 2\n\n\ns 4\n\n\ns 4(1a)\ninserted by 20/2014 Sch 1 cl 1(1)\n27.11.2014\n\namended by 38/2021 Sch 1 cl 11\n7.10.2021\ns 4(2) and (3)\namended by 20/2014 Sch 1 cl 1(2)\n27.11.2014\ns 4(4)\namended by 20/2014 Sch 1 cl 1(3)\n27.11.2014\ns 4(5) and (6)\namended by 20/2014 Sch 1 cl 1(2)\n27.11.2014\nPt 4\n\n\ns 30\namended by 18/2017 Sch 2 cl 4\n5.3.2018\nSch 1\n\n\nPt 2\nomitted under Legislation Revision and Publication Act 2002\n1.9.2013\nTransitional etc provisions associated with Act or amendments\nSummary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14\n41—Transitional provision\nThe amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nHistorical versions\n1.9.2013\n\n27.11.2014\n\n18.12.2017\n\n5.3.2018\n\n13.12.2020\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond the narrower undercover regulation model that replaced the 1995 Act. Key scope changes (recorded in the legislative history and reflected in the text) include: the explicit addition of the Independent Commissioner Against Corruption as an approval‑granting actor for certain corruption investigations (s4(1a); amendment 2014); the formal inclusion of the Australian Crime Commission and the Independent Commission Against Corruption in the definition of law enforcement agencies (amendments 2012 and 2021 reflected in s3); amendments altering the definition of 'serious criminal behaviour' to add specified offence classes (2018 amendment); and later provisions improving cross‑jurisdictional cooperation and procedural interfaces with surveillance device and other laws (2016 and subsequent amendments). These changes broadened which agencies may use the powers, extended the kinds of matters covered (including public‑sector corruption investigations), and strengthened interstate mutual‑recognition mechanisms — cumulatively increasing operational reach and inter‑jurisdictional complexity compared with the original, narrower scheme."},"complexity_factors":["Extensive interpretation section with around 45 defined terms and precise role definitions (s3)","Multiple Parts and Divisions (6 Parts + Schedule) covering distinct regimes: undercover approvals, assumed identities, witness protection, mutual recognition, records/audits","Numerous cross‑references to other laws and to 'corresponding laws' and 'participating jurisdictions' (ss3, 23–25, Part 5), increasing inter‑jurisdictional complexity","Conditional legal immunities and indemnities that depend on multiple criteria (ss5, 16–20) and regulatory requirements (s17, s20 referencing regulations)","Layered authorisation process with prescribed application content, supervisory rules for civilians, time limits, renewal and cancellation mechanics (ss6–11, 29)","Closed‑court procedures and restricted disclosure rules for births/deaths register entries and witness certificates (ss12–13, 31–37, 40), including non‑reviewable administrative decisions (s32(1))","Criminal offence structure with graduated penalties and aggravated variants up to 10 years (ss25–26, 38, 41)","Multiple administrative controls: mandatory records, semi‑annual audits with independence constraints, and annual ministerial reporting with redaction powers (ss27–28, 47)","Delegation limits with rank‑based prescriptions and a cap on delegations (ss29, 42)","Transitional provisions and a history of amendments that alter scope and inter‑act with other statutes (Schedule 1 and legislative history)"],"plain_english_summary":"This law authorises specified law‑enforcement agencies to run undercover operations, create and use assumed identities, and protect operative identities in court through a certificate scheme. It requires written, time‑limited approvals, recordkeeping, audits, mutual recognition with other jurisdictions, and gives legal immunity to authorised acts while criminalising misuse or unlawful disclosure. It affects police, authorised civilians, document‑issuing bodies, courts and registrars. It matters because it expands investigatory tools but shifts discretion, compliance costs and liability management onto agencies while embedding procedural safeguards."},"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":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1995 Act (Criminal Law (Undercover Operations) Act 1995) appears to have focused primarily on undercover operations. The 2009 Act significantly expanded scope to include: (1) a comprehensive assumed identities scheme with cross-border mutual recognition (Part 3), (2) a witness identity protection certificate system for court proceedings (Part 4), and (3) explicit inclusion of the Independent Commission Against Corruption (added via 2014 and 2021 amendments). The legislation has grown from a simple undercover operations law to a multi-faceted covert investigations framework covering identity documents, court procedures, and interstate cooperation."},"complexity_factors":["47 defined terms in section 3(1) interpretation section, including nested definitions (e.g., 'chief officer' defined differently for law enforcement agencies vs issuing agencies)","Multiple cross-references between Parts and to external legislation (Births, Deaths and Marriages Registration Act 1996, Independent Commission Against Corruption Act 2012, etc.)","Conditional logic with multiple thresholds: 'reasonable grounds' tests, proportionality requirements, and necessity tests throughout","Differential treatment of three categories of persons: authorised officers, authorised civilians, and interstate operatives, each with distinct rules","Mutual recognition scheme (Division 4 of Part 3 and Part 5) creating parallel application of provisions to 'corresponding laws' of other jurisdictions","Nested exceptions to immunity: section 21 creates qualifications to the immunity in sections 19-20, and section 22 creates exceptions for unawareness of cancellation","Complex procedural requirements for witness identity protection including closed courts, suppression orders, jury directions, and special disclosure tests (section 40)","Strict delegation limits: section 29 restricts delegation to maximum 4 senior officers per agency with specific rank requirements","Transitional provisions (Schedule 1) preserving pre-existing approvals under repealed legislation with time-limited conversions"],"plain_english_summary":"This South Australian law gives police and anti-corruption investigators special powers to fight serious crime using secret methods. It does three main things:\n\n**1. Undercover Operations (Part 2)**\n- Allows senior police (Superintendent rank or above) and the Independent Commissioner Against Corruption to approve secret operations where officers pretend to be criminals to catch people doing serious crimes (like drug trafficking, major fraud, or corruption)\n- The operations can include conduct that would normally be illegal, but officers get legal immunity (protection from prosecution) if they stay within the approved terms\n- Approvals last up to 3 months and can be renewed\n- Strict safeguards apply: the operation must be proportionate, properly designed, and not entrap innocent people\n\n**2. Assumed Identities (Part 3)**\n- Lets law enforcement officers and carefully supervised civilians get fake identities (like fake driver's licences or passports) to go undercover\n- Requires a written authority from the agency head, with yearly reviews and strict record-keeping\n- Government agencies must provide fake documents when requested; non-government agencies can choose to help\n- Using a fake identity for personal gain or outside the authorised purpose is a crime (up to 2 years prison)\n- Works across state borders through mutual recognition with other Australian jurisdictions\n\n**3. Witness Identity Protection (Part 4)**\n- Protects undercover officers when they give evidence in court by letting them use fake names\n- The agency head can issue a certificate hiding the officer's real identity if revealing it would endanger safety or harm investigations\n- Courts can make suppression orders, and there are special rules for when defence lawyers can challenge the officer's credibility without learning their real name\n- Disclosing a protected identity illegally carries penalties up to 10 years prison if it endangers someone\n\n**Who it affects:** Police officers, anti-corruption investigators, certain civilians working with them, courts, and people accused of crimes who want to challenge undercover evidence.\n\n**Why it matters:** This law balances public safety against serious crime with civil liberties. It creates a legal framework for secret police operations that would otherwise be illegal, while trying to prevent abuse through oversight, reporting, and criminal penalties for misuse."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. No comparison between original and current intent is possible without access to the Act and its amendment history."},"complexity_factors":["Legislation text was inaccessible — no content could be analysed beyond the title","Covert operations laws typically involve complex authorisation hierarchies and chains of accountability","Cross-jurisdictional operation provisions (interstate and potentially federal cooperation) add legal complexity","Laws of this type often create carve-outs to criminal liability, which require careful definitional precision","Balancing civil liberties (privacy, right to fair trial) against law enforcement powers is inherently complex","Interaction with other SA and Commonwealth criminal procedure legislation adds layers","Oversight and secrecy provisions often create tension with open justice principles"],"plain_english_summary":"**Note: The actual text of this legislation could not be retrieved** — the source link returned a 'Page Not Found' error from the South Australian legislation website.\n\nBased on the title alone — **Criminal Investigation (Covert Operations) Act 2009 (SA)** — this is a South Australian law that almost certainly governs how police and authorised law enforcement agencies can conduct **undercover (covert) operations** when investigating serious crimes.\n\nTypically, laws of this type cover:\n- **Who can authorise** covert operations (e.g. senior police officers or a court)\n- **What officers are permitted to do** while undercover (e.g. use a false identity, participate in controlled criminal activity to gather evidence)\n- **Protections for undercover officers** from criminal liability for acts done in the course of an authorised operation\n- **Oversight and accountability** mechanisms to prevent abuse\n- **Cross-border operations** — where SA police may operate in other states or territories, or vice versa\n\n**Why it matters to you:** If you are ever investigated, prosecuted, or caught up in a covert police operation — or if you work in law enforcement — this Act defines the legal boundaries of what undercover police work is lawful in South Australia.\n\n⚠️ *A full and accurate analysis cannot be provided without access to the actual legislative text. Please retrieve the current version directly from the SA legislation website or contact OPCWeb@sa.gov.au.*"}},"importantCases":[],"_links":{"self":"/api/acts/criminal-investigation-covert-operations-act-2009","history":"/api/acts/criminal-investigation-covert-operations-act-2009/history","analysis":"/api/acts/criminal-investigation-covert-operations-act-2009/analysis","conflicts":"/api/acts/criminal-investigation-covert-operations-act-2009/conflicts","importantCases":"/api/acts/criminal-investigation-covert-operations-act-2009/important-cases","documents":"/api/acts/criminal-investigation-covert-operations-act-2009/documents"}}