{"id":"nsw:sl-2024-0410","name":"Law Enforcement and National Security (Assumed Identities) Regulation 2024","slug":"law-enforcement-and-national-security-assumed-identities-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"410 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174480,"registerId":"nsw-sl-2024-0410-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Law Enforcement and National Security (Assumed Identities) Regulation 2024](/view/html/inforce/current/sl-2024-0410).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Law Enforcement and National Security (Assumed Identities) Regulation 2016](/view/html/repealed/current/sl-2016-0426), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> AFP Act means the [Australian Federal Police Act 1979](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> the Act means the [Law Enforcement and National Security (Assumed Identities) Act 2010](/view/html/inforce/current/act-2010-073).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definition of “law enforcement agency”","content":"#### 4 Definition of “law enforcement agency”\n\n4 Definition of “law enforcement agency”\n\n> For the Act, section 4(1), definition of law enforcement agency, paragraph (g), the following agencies are prescribed—\n> \n> > (a) the Australian Federal Police,\n> \n> > (b) the Australian Secret Intelligence Service,\n> \n> > (c) the Australian Taxation Office.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definition of “chief officer” of law enforcement agency","content":"#### 5 Definition of “chief officer” of law enforcement agency\n\n5 Definition of “chief officer” of law enforcement agency\n\n> For the Act, section 4(1), definition of chief officer, paragraph (g), the following chief officers are prescribed—\n> \n> > (a) for the Australian Federal Police—the Commissioner of the Australian Federal Police,\n> \n> > (b) for the Australian Secret Intelligence Service—the Director-General of the Australian Secret Intelligence Service,\n> \n> > (c) for the Australian Taxation Office—the Commissioner of Taxation.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Definition of “law enforcement officer”","content":"#### 6 Definition of “law enforcement officer”\n\n6 Definition of “law enforcement officer”\n\n> For the Act, section 4(1), definition of law enforcement officer, paragraph (g), the following law enforcement officers are prescribed—\n> \n> > (a) for the Australian Federal Police—\n> > \n> > > (i) a Deputy Commissioner of the Australian Federal Police, or\n> > \n> > > (ii) an AFP employee within the meaning of the AFP Act, or\n> > \n> > > (iii) a special member of the Australian Federal Police within the meaning of the AFP Act,\n> \n> > (b) for the Australian Secret Intelligence Service—a staff member of the service,\n> \n> > (c) for the Australian Taxation Office—\n> > \n> > > (i) the Second Commissioner of Taxation, or\n> > \n> > > (ii) a person engaged under the [Public Service Act 1999](http://www.legislation.gov.au/) of the Commonwealth and performing duties in the Australian Taxation Office.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Supervisors for authorised civilians","content":"#### 7 Supervisors for authorised civilians\n\n7 Supervisors for authorised civilians\n\n> For the Act, section 6(4)(g), the following rank and positions for the following law enforcement agencies are prescribed—\n> \n> > (a) for the Australian Federal Police—the rank of sergeant or an equivalent or higher rank,\n> \n> > (b) for the Australian Secret Intelligence Service—the position of ASIS Executive Level 1 or an equivalent or higher position,\n> \n> > (c) for the Australian Taxation Office—the position of an Australian Public Service Executive Level 1, or an equivalent or higher position, in the Office.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Definition of “senior officer” for delegations","content":"#### 8 Definition of “senior officer” for delegations\n\n8 Definition of “senior officer” for delegations\n\n> For the Act, section 39(4), definition of senior officer, paragraph (f), the following ranks and positions for the following law enforcement agencies are prescribed—\n> \n> > (a) for the Australian Federal Police—\n> > \n> > > (i) a senior executive AFP employee within the meaning of the AFP Act, or\n> > \n> > > (ii) a Deputy Commissioner within the meaning of that Act, or\n> > \n> > > (iii) a person occupying a position in the Australian Federal Police equivalent to or higher than a position referred to in subparagraph (i) or (ii),\n> \n> > (b) for the Australian Secret Intelligence Service—the Deputy Director-General, Operations,\n> \n> > (c) for the Australian Taxation Office—\n> > \n> > > (i) a Second Commissioner of Taxation, or\n> > \n> > > (ii) a Senior Executive Service employee in the Office.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Definition of “corresponding law”","content":"#### 9 Definition of “corresponding law”\n\n9 Definition of “corresponding law”\n\n> For the Act, section 4(1), definition of corresponding law, the following laws are declared—\n> \n> > (a) the Crimes (Assumed Identities) Act 2004 of Victoria,\n> \n> > (b) the Crimes (Assumed Identities) Act 2009 of the Australian Capital Territory,\n> \n> > (c) the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth, Part IAC,\n> \n> > (d) the Criminal Investigation (Covert Operations) Act 2009 of South Australia, Part 3,\n> \n> > (e) the Criminal Investigation (Covert Powers) Act 2012 of Western Australia, Part 3,\n> \n> > (f) the Police Powers (Assumed Identities) Act 2006 of Tasmania,\n> \n> > (g) the Police Powers and Responsibilities Act 2000 of Queensland, Chapter 12,\n> \n> > (h) the Police (Special Investigative and Other Powers) Act 2015 of the Northern Territory, Part 3.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Savings","content":"#### 10 Savings\n\n10 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Law Enforcement and National Security (Assumed Identities) Regulation 2016](/view/html/repealed/current/sl-2016-0426), had effect under that regulation continues to have effect under this regulation.","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No substantive expansion or contraction of subject‑matter scope is evident in the text provided. The instrument mainly re‑enacts and updates prescribed agencies, officer ranks/positions, delegated senior officers and corresponding laws, and preserves existing authorisations via a savings clause (see regs 2, 4–9, 10)."},"complexity_factors":["Multiple cross‑references to primary Acts (the Assumed Identities Act, AFP Act, Interpretation Act and Public Service Act) increase interpretive interdependence (see reg 3 and notes).","Prescriptive lists of agencies, officers and positions across three agencies (AFP, ASIS, ATO) require coordination of personnel and HR classifications (regs 4–6, 8).","Use of terms like “equivalent or higher” ties legal effect to organisational grading systems, creating some factual inquiry when applying provisions (regs 5, 6, 7, 8).","Delegation and supervision rules allocate decision‑making authority within agencies, producing administrative compliance and recordkeeping demands (regs 7–8).","Savings and repeal mechanics preserve prior authorisations and require administrators to identify continuing instruments and acts (regs 2, 10)."],"plain_english_summary":"This regulation prescribes which Commonwealth agencies, officers and positions may use, authorise, supervise or delegate assumed identities under the Assumed Identities Act, and lists corresponding state and territory laws. It commences 1 September 2024 and replaces the 2016 regulation.\n\nIt matters because it defines who decides and who bears compliance responsibility in the AFP, ASIS and the ATO, clarifying supervisory ranks, senior‑officer delegations and continuity of existing authorisations (see ss2–10)."},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication that the scope of this regulation has shifted from its original intent. It appears to function as a standard remake or update of subordinate legislation supporting the assumed identities framework for law enforcement and national security in NSW. The automatic repeal date of 2029 is consistent with routine subordinate legislation review cycles, not a scope change."},"complexity_factors":["The document as provided contains almost no substantive legislative content — only metadata, status information, and navigation elements, making full analysis impossible","The underlying subject matter (assumed identities in law enforcement and national security) is inherently complex and sensitive","The regulation operates within a layered legal framework requiring familiarity with the parent Act, the Subordinate Legislation Act 1989, and the Interpretation Act 1987","Interaction between state (NSW) and federal national security frameworks adds jurisdictional complexity","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal dimension that practitioners must track"],"plain_english_summary":"Sets procedural rules for authorised use of assumed (fake) identities by police and national security agencies in NSW — covering approval, documentation and safeguards — and affects law enforcement, national security bodies, undercover operatives and, indirectly, the public. It establishes a legal framework and oversight to limit risk and abuse in covert operations. The regulation will automatically expire on 1 September 2029 unless reviewed and remade."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2016 regulation with no expansion of scope. It performs the same function: prescribing agencies, officers, and ranks for the assumed identities framework established by the parent Act. The inclusion of the ATO alongside AFP and ASIS appears consistent with the original legislative scheme."},"complexity_factors":["Short document (10 sections, approximately 2 pages)","Minimal defined terms (only 2 explicit definitions in section 3, plus functional definitions in subsequent sections)","No nested conditional logic or exceptions","Straightforward prescriptive structure (\"the following are prescribed...\")","No cross-references beyond basic references to the parent Act and related legislation","Purely administrative/ machinery provisions with no substantive operational rules"],"plain_english_summary":"This regulation sets out the administrative details for how Australian law enforcement and national security agencies can create and use **assumed identities** (fake identities used for undercover work).\n\n**What it does:**\n- **Names the agencies** allowed to use assumed identities: the Australian Federal Police (AFP), the Australian Secret Intelligence Service (ASIS, Australia's overseas spy agency), and the Australian Taxation Office (ATO).\n- **Identifies who is in charge** of each agency for the purposes of this law (the AFP Commissioner, the ASIS Director-General, and the Tax Commissioner).\n- **Defines who counts as a \"law enforcement officer\"** in each agency — from AFP employees and special members, to ASIS staff, to senior ATO public servants.\n- **Sets minimum seniority levels** for supervisors who oversee civilians using assumed identities (sergeant-level for AFP, executive-level for ASIS and ATO).\n- **Defines \"senior officers\"** who can receive delegated powers under the Act (senior executives and deputies).\n- **Lists corresponding laws** from other states and territories, plus Commonwealth laws, that interact with this regime.\n- **Saves existing arrangements** — anything valid under the old 2016 regulation remains valid under this new one.\n\n**Who it affects:**\nPrimarily the three agencies named above, their officers, and any civilians authorised to use assumed identities under their supervision. It also affects how these agencies cooperate with state and territory counterparts.\n\n**Why it matters:**\nAssumed identities are powerful tools for fighting serious crime and threats to national security, but they carry risks of misuse and legal complications. This regulation ensures there's clear accountability about who can authorise these identities and who oversees their use."}},"importantCases":[],"_links":{"self":"/api/acts/law-enforcement-and-national-security-assumed-identities-regulation-2024","history":"/api/acts/law-enforcement-and-national-security-assumed-identities-regulation-2024/history","analysis":"/api/acts/law-enforcement-and-national-security-assumed-identities-regulation-2024/analysis","conflicts":"/api/acts/law-enforcement-and-national-security-assumed-identities-regulation-2024/conflicts","importantCases":"/api/acts/law-enforcement-and-national-security-assumed-identities-regulation-2024/important-cases","documents":"/api/acts/law-enforcement-and-national-security-assumed-identities-regulation-2024/documents"}}