{"id":"police-special-investigative-and-other-powers-act-2015","name":"Police (Special Investigative and Other Powers) Act 2015","slug":"police-special-investigative-and-other-powers-act-2015","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30495,"registerId":"nt-police-special-investigative-and-other-powers-act-2015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Police (Special Investigative and\nOther Powers) Act 2015.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\nacquire, in relation to an assumed identity, see section 39.\nAustralian Crime Commission means the Australian Crime\nCommission established by the Australian Crime Commission\nAct 2002 (Cth).\nauthorised civilian, for Part 3, see section 39.\nauthorised officer, for Part 3, see section 39.\nauthorised operation means a controlled operation for which an\nauthority under Part 2 is in force.\nauthorised person, for Part 3, see section 39.\n(a) for Part 2 – section 8; and\n\nPolice (Special Investigative and Other Powers) Act 2015 2\n(b) for Part 3 – see section 39.\nchief officer:\n(a) of a law enforcement agency – means the person holding\noffice or acting as:\n(i) in relation to the Police Force – the Commissioner of\nPolice; or\n(ii) in relation to the Australian Crime Commission – the\nChief Executive Officer of the Australian Crime\nCommission; or\n(b) of an issuing agency – means the chief executive officer\n(however described) of the agency; or\n(c) of an intelligence agency, for Part 3 – see section 15K of the\nCrimes Act 1914 (Cth); or\n(d) for the purposes of the ICAC Act – the ICAC.\ncivilian participant, for Part 2, see section 8.\nconduct includes any act or omission.\ncontrolled conduct, for Part 2, see section 8.\ncontrolled operation, for Part 2, see section 8.\ncorresponding authorised operation, for Part 2, see section 8.\ncorresponding authority:\n(a) for Part 2 – see section 8; and\n(b) for Part 3 – see section 39.\ncorresponding law means a law of another jurisdiction that\ncorresponds to this Act or a Part of this Act, and includes a law of\nanother jurisdiction that is declared by a regulation to correspond to\nthis Act.\ncorresponding non-disclosure certificate, for Part 4, see\nsection 73.\ncorresponding participant, for Part 2, see section 8.\ncorresponding witness identity protection certificate, for Part 4,\nsee section 73.\n\nPolice (Special Investigative and Other Powers) Act 2015 3\ncourt, for Part 4, see section 73.\ncourt name, for Part 4, see section 73.\ncriminal activity means conduct that involves the commission of\nan offence by one or more persons.\ndoing a thing includes failing to do the thing.\nevidence of identity, for Part 3, see section 39.\nformal application, for Part 2, see section 10(2)(a).\nformal authority, for Part 2, see section 12(1)(a).\nformal variation application, for Part 2, see section 14(5)(a).\nformal variation of authority, for Part 2, see section 14(10)(a).\nfunction includes a power, authority or duty.\ngovernment issuing agency, for Part 3, see section 39.\nICAC Act means the Independent Commissioner Against\nCorruption Act 2017.\nICAC Minister, see section 4 of the ICAC Act.\nInspector, see section 4 of the ICAC Act.\nillicit goods, for Part 2, see section 8.\nintelligence agency, for Part 3, see section 15K of the Crimes\nAct 1914 (Cth).\ninvestigation means an investigation in relation to criminal activity,\nincluding an investigation extending beyond the Territory.\nissuing agency means:\n(a) a government issuing agency; or\n(b) a non-government issuing agency.\nlaw enforcement agency means the following:\n(a) the Police Force;\n(b) the Australian Crime Commission;\n(c) the ICAC.\n\nPolice (Special Investigative and Other Powers) Act 2015 4\nlaw enforcement officer means:\n(a) in relation to the Police Force:\n(i) a police officer; and\n(ii) a person who is seconded to the Police Force, including\n(but not limited to) a member of the police service\n(however described) of another jurisdiction; and\n(b) in relation to the Australian Crime Commission – a member of\nthe staff of the ACC; and\n(c) in relation to the ICAC – an authorised officer as defined in\nsection 4 of the ICAC Act.\nmember of the staff of the ACC, see section 4(1) of the Australian\nCrime Commission Act 2002 (Cth).\nMinister means:\n(a) for the ICAC – the ICAC Minister; or\n(b) otherwise – the Minister as defined in section 19 of the\nInterpretation Act 1978.\nnon-disclosure certificate, for Part 4, see section 88(2).\nnon-government issuing agency, for Part 3, see section 39.\nofficer, for Part 3, see section 39.\nOmbudsman, see section 4 of the Ombudsman Act 2009.\noperative, for Part 4, see section 73.\nparticipant, for Part 2, see section 8.\nparticipating jurisdiction means the Commonwealth, a State or\nanother Territory in which a corresponding law is in force.\nparty, for Part 4, see section 73.\nperson involved in a proceeding, for Part 4, see section 73.\nPolice Force means the Police Force of the Northern Territory\nestablished by section 5(1) of the Police Administration Act 1978.\nprincipal law enforcement officer, for Part 2, see section 8.\nproceeding, for Part 4, see section 73.\n\nPolice (Special Investigative and Other Powers) Act 2015 5\nprotected identity, for Part 4, Division 3, see section 87.\nprotected person, for Part 4, Division 3, see section 87.\nRegistrar, for Part 3, see section 39.\nrelevant improper conduct means:\n(a) for corrupt conduct, in Part 2 – see section 10 of the ICAC Act;\nor\n(b) for anti-democratic conduct, in Part 2 – see section 15 of the\nICAC Act.\nrelevant offence, for Part 2, see section 8.\nrelevant oversight body means:\n(a) for the ICAC – the Inspector; or\n(b) otherwise – the Ombudsman.\nsupervisor, for Part 3, see section 39.\nsuspect, for Part 2, see section 8.\nTWPP, for Part 4, Division 3, see section 87.\nurgent application, for Part 2, see section 10(2)(b).\nurgent authority, for Part 2, see section 12(1)(b).\nurgent variation application, for Part 2, see section 14(5)(b).\nurgent variation of authority, for Part 2, see section 14(10)(b).\nuse, by a person in relation to an assumed identity, see section 39.\nwitness identity protection certificate, for Part 4, see section 73.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"4 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n\nPolice (Special Investigative and Other Powers) Act 2015 6\n(2) Subsection (1) does not make the Crown liable to be prosecuted for\nan offence.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Criminal Code","content":"5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Part","content":"6 Objects of Part\nThe objects of this Part are:\n(a) to provide for the authorisation, conduct and monitoring of\ncontrolled operations; and\n(b) to facilitate mutual recognition of things done in relation to\ncontrolled operations conducted within, or partially within, the\nTerritory and authorised under corresponding laws of other\njurisdictions; and\n(c) to provide, for the conduct of the authorised operations:\n(i) indemnity for participants against civil liability arising out\nof the operations; and\n(ii) protection for participants from criminal responsibility for\nconduct engaged in as part of the operations which\nwould otherwise be an offence.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Evidentiary matters","content":"7 Evidentiary matters\n(1) Subject to subsection (2), this Act is not intended to limit a\ndiscretion that a court has:\n(a) to admit or exclude evidence in any proceedings; or\n(b) to stay criminal proceedings in the interests of justice.\n\nPolice (Special Investigative and Other Powers) Act 2015 7\n(2) In determining whether evidence should be admitted or excluded in\nany proceedings, a court must disregard the fact that the evidence\nwas obtained as a result of a person engaging in criminal activity if:\n(a) the person was a participant or corresponding participant\nacting in the course of an authorised operation or\n(b) the criminal activity was controlled conduct within the meaning\nof this Act or controlled conduct within the meaning of a\ncorresponding law.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Definitions","content":"8 Definitions\nauthority means an authority under Division 2 and includes any\nvariation of the authority.\ncivilian participant, in an authorised operation, means a\nparticipant in the operation who is not a law enforcement officer.\ncontrolled conduct means conduct for which a person would,\napart from section 20 or 27, be criminally responsible.\ncontrolled operation means an operation that:\n(a) is conducted, or intended to be conducted, for the purpose of\nobtaining evidence that may lead to the prosecution of a\nperson for a relevant offence; and\n(b) involves, or may involve, controlled conduct.\ncorresponding authorised operation means any operation in the\nnature of a controlled operation that is authorised under a\ncorresponding law.\ncorresponding authority means an authority authorising a\ncontrolled operation (within the meaning of a corresponding law)\nthat is in force under the corresponding law.\ncorresponding participant means a person who is authorised by\na corresponding authority to participate in a corresponding\nauthorised operation.\nillicit goods means goods the possession of which is a\ncontravention of a law of the Territory.\n\nPolice (Special Investigative and Other Powers) Act 2015 8\nparticipant, in an authorised operation, means a person who is\nauthorised under this Act to engage in controlled conduct for the\noperation.\nprincipal law enforcement officer, for an authorised operation,\nmeans the law enforcement officer who is responsible for the\nconduct of the operation.\nrelevant offence means:\n(a) an offence against a law of the Territory punishable by a\nmaximum term of imprisonment of 3 years or more; or\n(b) an offence against a law of the Territory that is prescribed by\nregulation to be a relevant offence.\nsuspect means a person reasonably suspected of:\n(a) having, or being likely to have, committed a relevant offence;\nor\n(b) committing, or being likely to commit, a relevant offence.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"When operation is taken to be conducted in Territory","content":"9 When operation is taken to be conducted in Territory\nFor this Act, a controlled operation relating to a relevant offence is\ntaken to be conducted in the Territory (whether or not it is also\nconducted in another jurisdiction) if a participant in the operation is:\n(a) a Territory law enforcement officer; or\n(b) a civilian participant acting in accordance with the instructions\nof a Territory law enforcement officer.\nExample for section 9\nA Territory police officer is investigating a conspiracy to import drugs into the\nTerritory from Victoria, and the operation is to be conducted wholly within\nVictoria.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Application for authority to conduct controlled operation","content":"10 Application for authority to conduct controlled operation\n(1) A law enforcement officer of a law enforcement agency may apply\nto the chief officer of the agency for an authority to conduct a\ncontrolled operation on behalf of the agency.\n(2) An application for an authority may be made:\n(a) in writing signed by the applicant (a formal application); or\n\nPolice (Special Investigative and Other Powers) Act 2015 9\n(b) if the applicant has reason to believe that the delay caused by\nmaking a formal application may affect the success of the\noperation – in person or by telephone, fax, email or any other\nmeans of communication (an urgent application).\n(3) If an application is made for an authority for a controlled operation\nthat was the subject of a previous application, the subsequent\napplication must be a formal application.\n(4) In an application, the applicant must:\n(a) provide sufficient information to enable the chief officer to\ndecide whether or not to grant the authority applied for; and\n(b) state whether the proposed operation, or any other controlled\noperation relating to the same criminal activity, has been the\nsubject of an earlier application for an authority or a variation\nof an authority and, if so, whether the authority was granted or\nvaried.\n(5) The chief officer may require the applicant to provide any additional\ninformation concerning the proposed controlled operation that is\nnecessary for the chief officer's proper consideration of the\napplication.\n(6) As soon as practicable after making an urgent application, the\napplicant must make a record, in writing, of the application and give\na copy of it to the chief officer.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Determination of application","content":"11 Determination of application\n(1) After considering an application for an authority to conduct a\ncontrolled operation, and any additional information provided under\nsection 10(5), the chief officer of the agency:\n(a) may authorise the operation by granting the authority, either\nunconditionally or subject to conditions; or\n(2) An authority to conduct a controlled operation must not be granted\nunless the chief officer is satisfied on reasonable grounds:\n(a) that a relevant offence has been, is being or is likely to be\ncommitted; and\n\nPolice (Special Investigative and Other Powers) Act 2015 10\n(b) that the nature and extent of the following is such as to justify\nthe conduct of a controlled operation in the Territory (whether\nor not it is also conducted in another participating jurisdiction):\n(i) for ICAC – suspected criminal activity or suspected\nrelevant improper conduct;\n(ii) otherwise – suspected criminal activity; and\n(c) that any unlawful conduct involved in conducting the operation\nwill be limited to the maximum extent consistent with\nconducting an effective controlled operation; and\n(d) that the operation will be conducted in a way that will minimise\nthe risk of more illicit goods being under the control of persons\n(other than law enforcement officers) at the end of the\noperation than are reasonably necessary to enable the officers\nto achieve the purpose of the controlled operation; and\n(e) that the proposed controlled conduct will be capable of being\naccounted for in a way that will enable the reporting\nrequirements of Division 4 to be complied with; and\n(f) that the operation will not be conducted in such a way that a\nperson is likely to be induced to commit an offence against a\nlaw of any jurisdiction that the person would not otherwise\nhave intended to commit; and\n(g) that any conduct involved in the operation will not:\n(i) seriously endanger the health or safety of any person; or\n(ii) cause the death of, or serious harm to, any person; or\n(iii) involve the commission of a sexual offence against any\nperson; or\n(iv) result in unlawful loss of, or serious damage to, property\n(other than illicit goods); and\n(h) that any role assigned to a civilian participant in the operation\nis not one that could be adequately performed by a law\nenforcement officer; and\n(i) for the ICAC and, in the event that the operation is intended to\nbe conducted entirely in the Territory, that the relevant\nimproper conduct has been, is being or is likely to be\ncommitted.\n\nPolice (Special Investigative and Other Powers) Act 2015 11\n","sortOrder":10},{"sectionNumber":"11A","sectionType":"section","heading":"Territorial limitation on operations relating to relevant","content":"11A Territorial limitation on operations relating to relevant\nimproper conduct\nA controlled operation that relates to relevant improper conduct that\nis not also a relevant offence does not authorise controlled conduct\noutside the Territory.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Form of authority","content":"12 Form of authority\n(1) An authority to conduct a controlled operation may be granted:\n(a) in writing signed by the chief officer of a law enforcement\nagency (a formal authority); or\n(b) if the chief officer is satisfied that the delay caused by granting\na formal authority may affect the success of the operation – in\nperson or by telephone, fax, email or any other means of\ncommunication (an urgent authority).\n(2) If an authority is granted for a controlled operation that was the\nsubject of a previous authority, the subsequent authority must be a\nformal authority.\n(3) An authority must:\n(a) state the name and position of the person granting the\n(b) identify the principal law enforcement officer and, if the\nprincipal law enforcement officer is not the applicant for the\nauthority, the name of the applicant; and\n(c) state whether the application is a formal application or an\nurgent application; and\n(d) identify each person who may engage in controlled conduct\nfor the purposes of the operation; and\n(e) state the jurisdictions in which the controlled conduct is, or is\nlikely, to be engaged in; and\n(f) identify the nature of the criminal activity (including the\nsuspected relevant offences) in relation to which the controlled\nconduct is to be engaged in; and\n(fa) identify the nature of the criminal activity (including the\nsuspected relevant offences), or for an authority granted by\nthe ICAC the relevant improper conduct, in relation to which\nthe controlled conduct is to be engaged in; and\n\nPolice (Special Investigative and Other Powers) Act 2015 12\n(g) identify:\n(i) for participants in the operation who are law enforcement\nofficers – the nature of the controlled conduct that those\nparticipants may engage in; and\n(ii) for each civilian participant – the particular controlled\nconduct (if any) that the participant may engage in; and\n(h) identify (to the extent known) any suspect; and\n(i) specify the period of validity of the authority, being a period\nnot exceeding 6 months for a formal authority or 7 days for an\nurgent authority; and\n(j) specify any conditions to which the conduct of the operation is\nsubject; and\n(k) state the date and time when the authority is granted; and\n(l) identify (to the extent known):\n(i) the nature and quantity of any illicit goods that will be\ninvolved in the operation; and\n(ii) the route through which those goods will pass in the\ncourse of the operation.\n(4) A person is sufficiently identified for subsection (3)(d) if:\n(a) the person is identified:\n(i) by an assumed name under which the person is\noperating; or\n(ii) by a code name or code number; and\n(b) the assumed name, code name or code number can be\nmatched to the person's identity.\n(5) The chief officer must ensure that written notes are kept of the\nparticulars mentioned in subsection (3) for each urgent authority.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Duration of authority","content":"13 Duration of authority\nUnless it is sooner cancelled, an authority is in force for the period\nof validity specified in accordance with section 12(3)(i).\n\nPolice (Special Investigative and Other Powers) Act 2015 13\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Variation of authority","content":"14 Variation of authority\n(1) The chief officer of a law enforcement agency may vary an\n(a) at any time on the chief officer's own initiative; or\n(b) on application under subsection (3).\n(2) However, a variation cannot be made that has the effect of\nextending the period of validity of an urgent authority.\n(3) The principal law enforcement officer for an authorised operation, or\nany other law enforcement officer on behalf of the principal law\nenforcement officer, may apply to the chief officer for a variation of\nan authority for any one or more of the following purposes:\n(a) subject to subsection (2) – to extend the period of validity of\nthe authority;\n(b) to authorise additional or alternative persons to engage in\ncontrolled conduct for the purposes of the operation;\n(c) to authorise participants in the operation to engage in\nadditional or alternative controlled conduct;\n(d) to identify additional suspects (to the extent known).\n(4) More than one application for a variation may be made for the same\nauthority, but no single variation may extend the period of validity of\nan authority for more than 3 months at a time.\n(5) An application for a variation of an authority may be made:\n(a) in writing signed by the applicant (a formal variation\napplication); or\n(b) if the applicant has reason to believe that the delay caused by\nmaking a formal variation application may affect the success\nof the operation – in person or by telephone, fax, email or any\nother means of communication (an urgent variation\napplication).\n(6) The chief officer may require the applicant to provide any additional\ninformation concerning the proposed variation that is necessary for\nthe chief officer's proper consideration of the application.\n\nPolice (Special Investigative and Other Powers) Act 2015 14\n(7) After considering an application for a variation of authority, and any\nadditional information given under subsection (6), the chief officer:\n(a) may vary the authority in accordance with the application,\neither unconditionally or subject to conditions; or\n(8) Section 11(2) applies to an application for a variation of authority\nunder this section in the same way as it applies to an application for\nan authority under section 11(1).\n(9) Without limiting subsection (8), a variation of authority must not be\ngranted unless the chief officer is satisfied on reasonable grounds\nthat the variation will not authorise a significant alteration of the\nnature of the authorised operation concerned.\n(10) An authority may be varied:\n(a) in writing signed by the chief officer (a formal variation of\nauthority); or\n(b) if the person granting the variation is satisfied that the delay\ncaused by granting a formal variation of authority may affect\nthe success of the operation – in person or by telephone, fax,\nemail or any other means of communication (an urgent\nvariation of authority).\n(11) The chief officer:\n(a) must ensure that written notes are kept of the following\nmatters:\n(i) the date and time when the authority was varied;\n(ii) the identity of the law enforcement officer to whom the\nvariation of authority was granted; and\n(b) must, as soon as practicable, prepare and give to the\napplicant a document that complies with section 15.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Form of variation of authority","content":"15 Form of variation of authority\nA variation of an authority must be in writing, and:\n(a) identify the authorised operation for which the authority is in\nforce; and\n(b) state the name and position of the person varying the\n\nPolice (Special Investigative and Other Powers) Act 2015 15\n(c) if the application for the variation was made under\nsection 14(3) – state the name of the applicant; and\n(d) state whether the application was a formal variation\napplication or an urgent variation application; and\n(e) state the date and time when the authority is to be or was\nvaried; and\n(f) describe the variation having regard to the purposes\nmentioned in section 14(3) for which the application was\nmade.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Cancellation of authority","content":"16 Cancellation of authority\n(1) The chief officer of a law enforcement agency may, by written\nnotice to the principal law enforcement officer for an authorised\noperation, cancel the authority at any time and for any reason.\n(2) Without limiting subsection (1), the chief officer may cancel an\nauthority for an authorised operation at any time at the request of\nthe principal law enforcement officer for the operation.\n(3) Cancellation of an authority for a controlled operation takes effect at\nthe time the written cancellation is given to the principal law\nenforcement officer or, if a later time is specified, that later time.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Effect of authority","content":"17 Effect of authority\n(1) While it is in force, an authority for a controlled operation:\n(a) authorises each law enforcement officer who is a participant in\nthe operation to engage in the controlled conduct specified in\nthe authority for those participants; and\n(b) authorises each civilian participant to engage in the particular\ncontrolled conduct specified in the authority for that\nparticipant; and\n(c) authorises each participant to engage in that conduct in the\nTerritory or any participating jurisdiction (subject to any\ncorresponding law of that participating jurisdiction).\n(2) The authority to engage in controlled conduct given to a participant\ncannot be delegated to any other person.\n\nPolice (Special Investigative and Other Powers) Act 2015 16\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Defect in authority","content":"18 Defect in authority\nAn application for an authority or a variation of an authority, and any\nauthority granted or varied on the basis of such an application, is\nnot invalidated by any defect, other than a defect that affects the\napplication, authority or variation in a material particular.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Retrospective authority","content":"19 Retrospective authority\n(1) This section applies if a participant in an authorised operation\nengages in unlawful conduct (other than unlawful conduct that is\ncontrolled conduct) in the course of the operation.\n(2) The principal law enforcement officer for the operation may, within\n24 hours after the participant engages in that conduct, apply to the\nchief officer of the law enforcement agency for retrospective\nauthority for the conduct.\n(3) The chief officer may require the principal law enforcement officer\nto provide any additional information concerning the relevant\nconduct that is necessary for the chief officer to properly consider\nthe application.\n(4) After considering an application under subsection (2), and any\nadditional information provided under subsection (3), the chief\nofficer:\n(a) may grant retrospective authority in accordance with the\napplication; or\n(5) The chief officer must not grant retrospective authority for conduct\nunless the chief officer is satisfied:\n(a) that, when the relevant conduct occurred, the participant who\nengaged in the conduct believed on reasonable grounds that\none or more of the following circumstances existed:\n(i) there was a substantial risk to the success of the\nauthorised operation;\n(ii) there was a substantial risk to the health or safety of a\nparticipant in the operation, or any other person, as a\ndirect result of the conduct of the authorised operation;\n(iii) criminal activity other than the criminal activity in respect\nof which the authorised operation was being conducted\nhad occurred, or was likely to occur, and there was a\nsubstantial risk that evidence relating to that criminal\n\nPolice (Special Investigative and Other Powers) Act 2015 17\nactivity would be lost;\n(iv) relevant improper conduct other than the relevant\nimproper conduct in respect of which the authorised\noperation was being conducted had occurred, or was\nlikely to occur, and there was a substantial risk that\nevidence relating to that relevant improper conduct\nwould be lost; and\n(b) the participant believed on reasonable grounds that the\nparticipant could not avoid that risk otherwise than by\nengaging in the relevant conduct; and\n(c) that, at all times prior to the circumstance arising, the\nparticipant had been acting in good faith and in accordance\nwith any relevant code of conduct; and\n(d) that the participant had not foreseen, and could not\nreasonably be expected to have foreseen, that the\ncircumstance would arise; and\n(e) that, had it been possible to foresee that the circumstance\nwould arise, authority for the relevant conduct would have\nbeen sought; and\n(f) it was not reasonably possible in the circumstances for the\nparticipant to seek a variation of the authority for the operation\nto authorise the relevant conduct.\n(6) Subsection (4)(a) does not allow retrospective authority to be\ngranted with respect to conduct giving rise to any of the following:\n(a) the offence of murder;\n(b) any other offence for which the common law defence of\nduress would not be available.\n","sortOrder":19},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Controlled conduct engaged in for authorised","content":"Subdivision 1 Controlled conduct engaged in for authorised\noperation\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Protection from criminal responsibility for controlled conduct","content":"20 Protection from criminal responsibility for controlled conduct\nduring authorised operation\nDespite any other Act or law of the Territory, a participant who\nengages in conduct (whether in the Territory or elsewhere) in an\nauthorised operation in the course of, and for the purposes of, the\noperation, is not, if engaging in that conduct is an offence, criminally\n\nPolice (Special Investigative and Other Powers) Act 2015 18\nresponsible for the offence, if:\n(a) the conduct is authorised by, and is engaged in in accordance\nwith, the authority for the operation; and\n(b) the conduct does not involve the participant intentionally\ninducing a person to commit an offence under a law of any\njurisdiction that the person would not otherwise have intended\nto commit; and\n(c) the conduct does not involve the participant engaging in any\nconduct that is likely to:\n(i) cause the death of, or serious harm to, any person; or\n(ii) involve the commission of a sexual offence against any\nperson; and\n(d) if the participant is a civilian participant – the participant acts in\naccordance with the instructions of a law enforcement officer.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Indemnity for participant against civil liability","content":"21 Indemnity for participant against civil liability\n(1) This section applies to a law enforcement agency if a controlled\noperation has been authorised by the chief officer of the agency\nunder section 11.\n(2) The law enforcement agency must indemnify a participant in the\nauthorised operation against any civil liability (including reasonable\ncosts) the participant incurs because of conduct the participant\nengages in if:\n(a) the participant engages in the conduct in the course of, and for\nthe purposes of, the operation in accordance with the authority\nfor the operation; and\n(b) the conduct does not involve the participant intentionally\ninducing a person to commit an offence under a law of any\njurisdiction that the person would not otherwise have intended\nto commit; and\n(c) the conduct does not involve the participant engaging in any\nconduct that is likely to:\n(i) cause the death of, or serious harm to, any person; or\n(ii) involve the commission of a sexual offence against any\nperson; and\n\nPolice (Special Investigative and Other Powers) Act 2015 19\n(d) if the participant is a civilian participant – the participant acts in\naccordance with the instructions of a law enforcement officer;\nand\n(e) any requirements prescribed by regulation for this section\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Effect of sections 20 and 21 on other laws relating to criminal","content":"22 Effect of sections 20 and 21 on other laws relating to criminal\ninvestigation\nSections 20 and 21 do not apply to a person's conduct that is, or\ncould have been authorised, under a law of the Territory relating to\nany of the following:\n(a) arrest or detention of individuals;\n(b) searches of individuals;\n(c) entry onto, or searches or inspection of, premises;\n(d) searches, inspections or seizures of other property;\n(e) forensic procedures;\n(f) electronic surveillance devices or telecommunications\ninterception;\n(g) identification procedures;\n(h) the acquisition or use of assumed identities;\n(i) any other matter concerning:\n(i) powers of criminal investigation; or\n(ii) powers to conduct an investigation under the ICAC Act.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Effect of being unaware of variation or cancellation of","content":"23 Effect of being unaware of variation or cancellation of\nauthority\n(1) If an authority for a controlled operation is varied in a way that limits\nits scope, this Division continues to apply to a participant in the\noperation as if the authority had not been so varied to the extent to\nwhich the participant:\n(a) is unaware of the variation; and\n(b) is not reckless about the existence of the variation.\n\nPolice (Special Investigative and Other Powers) Act 2015 20\n(2) If an authority for a controlled operation is cancelled, this Division\ncontinues to apply to a participant in the operation as if the authority\nhad not been cancelled to the extent to which the participant:\n(a) is unaware of the cancellation; and\n(b) is not reckless about the existence of the cancellation.\n(3) For this section, a person is reckless about the existence of the\nvariation or cancellation of an authority if:\n(a) the person is aware of a substantial risk that the variation or\ncancellation has happened; and\n(b) having regard to the circumstances known to the person, it is\nunjustifiable to take the risk.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Protection from criminal responsibility for ancillary conduct","content":"24 Protection from criminal responsibility for ancillary conduct\n(1) This section applies to conduct, such as aiding and abetting the\ncommission of an offence or conspiring to commit an offence (the\nancillary conduct), for which a person may be criminally\nresponsible because it involves conduct engaged in by another\nperson that is controlled conduct for which the other person would\n(apart from section 20) be criminally responsible (the related\ncontrolled conduct).\n(2) Despite any other law of the Territory, a person who engages in\nancillary conduct that is an offence (whether or not the person is a\nparticipant in a controlled operation) is not criminally responsible for\nthe offence if, at the time the person engaged in the ancillary\nconduct, the person believed the related controlled conduct was\nbeing engaged in, or would be engaged in, by a participant in an\nauthorised operation.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Compensation for property loss or serious damage","content":"25 Compensation for property loss or serious damage\n(1) If a person suffers loss of, or serious damage to, property as a\ndirect result of an authorised operation, the Territory is liable to pay\nto the person compensation as agreed between the Territory and\nthe person or, in default of agreement, as determined by action\nagainst the Territory in a court of competent jurisdiction.\n(2) Subsection (1) does not apply if:\n(a) the person suffered the loss or damage in the course of, or as\na direct result of, engaging in any criminal activity (other than\ncriminal activity that is controlled conduct); or\n\nPolice (Special Investigative and Other Powers) Act 2015 21\n(b) the person was a law enforcement officer at the time of\nsuffering the loss or damage.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Notification requirements","content":"26 Notification requirements\n(1) If any loss of, or serious damage to, property occurs in the course\nof, or as a direct result of, an authorised operation (other than\nproperty of the law enforcement agency on behalf of which the\noperation is conducted or a participant in the operation), the\nprincipal law enforcement officer for the operation must report the\nloss or damage to the chief officer of the agency as soon as\npracticable.\n(2) The chief officer must take all reasonable steps to notify the owner\nof the property of the loss or damage.\n(3) The chief officer is not required to notify the owner of property\nunder this section until the chief officer is satisfied that notification\nwould not:\n(a) compromise or hinder the authorised operation; or\n(b) compromise the identity of a participant in the authorised\noperation; or\n(c) endanger the life or safety of any person; or\n(d) prejudice any legal proceeding; or\n(e) otherwise be contrary to the public interest.\n(4) If any personal injury occurs in the course of, or as a direct result of,\nan authorised operation, the principal law enforcement officer for\nthe operation must report the injury to the chief officer as soon as\npracticable.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Mutual recognition of corresponding authorities","content":"27 Mutual recognition of corresponding authorities\ncorresponding authority under a corresponding law, and to a\ncorresponding authorised operation under that law, as if the\ncorresponding authority were an authority granted under section 11:\n(a) section 17 (Effect of authority);\n(b) section 18 (Defect in authority);\n\nSubdivision 1 Restrictions on use, communication and publication of information\nPolice (Special Investigative and Other Powers) Act 2015 22\n(c) section 20 (Protection from criminal responsibility for\ncontrolled conduct during authorised operation);\n(d) section 21 (Indemnity for participant against civil liability);\n(e) section 22 (Effect of sections 20 and 21 on other laws relating\nto criminal investigation);\n(f) section 23 (Effect of being unaware of variation or cancellation\nof authority);\n(g) section 24 (Protection from criminal responsibility for ancillary\nconduct).\nSubdivision 1 Restrictions on use, communication and\npublication of information\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Unauthorised disclosure of information","content":"28 Unauthorised disclosure of information\n(b) the information relates to an authorised operation or a\n(2) Strict liability applies to subsection (1)(a) and (c).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n(4) A person commits an offence if:\n(b) the information relates to an authorised operation or a\n(5) Strict liability applies to subsection (4)(c).\n\nPolice (Special Investigative and Other Powers) Act 2015 23\n(6) A person commits an offence against this subsection if:\n(b) the conduct would constitute an offence against subsection (1)\nor (4); and\n(ii) prejudices the effective conduct of an investigation or\n(7) For this section, information relates to an authorised operation or a\ncorresponding authorised operation if it relates to an application for\nan authority for a proposed operation, despite that the proposed\noperation has not yet been authorised or even is never authorised.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Principal law enforcement officer's report","content":"29 Principal law enforcement officer's report\n(1) Within 2 months after the completion of an authorised operation,\nthe principal law enforcement officer for the operation must give a\nreport to the chief officer of the law enforcement agency who\ngranted the authority to conduct the operation.\n(2) The report must include the following details:\n(a) the date and time when the authorised operation began and\nits duration;\n(b) the nature of the controlled conduct engaged in for the\npurposes of the operation;\n(c) details of the outcome of the operation;\n(d) if the operation involved illicit goods, a statement (to the extent\nknown) of:\n(i) the nature and quantity of the illicit goods; and\n(ii) the route through which the illicit goods passed in the\ncourse of the operation;\n\nPolice (Special Investigative and Other Powers) Act 2015 24\n(e) details of any loss of or serious damage to property, or any\npersonal injuries, that occurred in the course of or as a direct\nresult of the operation.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Chief officer's report","content":"30 Chief officer's report\n(1) As soon as practicable after 31 March and 30 September in each\nyear, the chief officer of each law enforcement agency must provide\na report to the relevant oversight body in relation to authorised\noperations conducted on behalf of the agency during the previous\n6 months.\n(2) The report must include the following details:\n(a) the number of formal authorities that were granted or varied by\nthe chief officer, and the number of formal applications for the\ngranting or variation of authorities that were refused by the\nchief officer, during the period to which the report relates;\n(b) the number of urgent authorities or urgent variations of\nauthorities that were granted by the chief officer, and the\nnumber of urgent applications for authorities or urgent\nvariations of authorities that were refused by the chief officer,\nduring the period to which the report relates;\n(c) the nature of the criminal activities against which the\nauthorised operations were directed;\n(ca) the nature of the criminal activities, or for a report by the ICAC\nthe nature of the relevant improper conduct, against which the\nauthorised operations were directed;\n(d) the nature of the controlled conduct engaged in for the\npurposes of the authorised operations;\n(e) if any of the authorised operations involved illicit goods, a\nstatement (to the extent known) of:\n(i) the nature and quantity of the illicit goods; and\n(ii) the route through which the illicit goods passed in the\ncourse of the operations;\n(f) details of any loss of, or serious damage to, property, or any\npersonal injuries, that occurred in the course of, or as a direct\nresult of, the authorised operations;\n(g) the number of authorities cancelled by the chief officer or that\nexpired during the period to which the report relates.\n\nPolice (Special Investigative and Other Powers) Act 2015 25\n(3) The relevant oversight body may require the chief officer to provide\nadditional information about an authorised operation to which a\nreport relates.\n(4) If an authorised operation has not been completed at the end of a\nreporting period, the details mentioned in subsection (2)(c) to (f)\nneed not be included in the report for that period in relation to that\noperation, but must be included in the report for the period in which\nthe operation concludes.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Annual report by relevant oversight body","content":"31 Annual report by relevant oversight body\n(1) The relevant oversight body must, as soon as practicable after\n30 June in each year:\n(a) prepare a report for each law enforcement agency that\nreported to that relevant oversight body under section 30 of\nthe work and activities of the agency under this Part for the\npreceding 12 months; and\n(b) give a copy of each report to the Minister and to the chief\nofficer of the law enforcement agency to which the report\nrelates.\n(2) The report must include comments on the comprehensiveness and\nadequacy of the reports which were provided to the relevant\noversight body by the chief officer of the law enforcement agency\nunder section 30.\n(3) The report must not disclose any information that identifies, or is\nlikely to lead to the identification of, any suspect or a participant in\nan authorised operation.\n(4) If an authorised operation has not been completed at the end of a\nreporting period, particulars of the operation need not be included in\nthe report for that period, but must be included in the report for the\nperiod in which the operation concludes.\n(5) The chief officer of a law enforcement agency must advise the\nMinister of any information in the report relating to the agency that,\nin the chief officer's opinion, should be excluded from the report\nbefore the report is tabled in the Legislative Assembly because the\ninformation, if made public, could reasonably be expected to:\n(a) endanger a person's safety; or\n(b) prejudice an investigation or prosecution; or\n(c) compromise any law enforcement agency's operational\nactivities or methodologies.\n\nPolice (Special Investigative and Other Powers) Act 2015 26\n(6) The Minister must:\n(a) exclude information from the report if satisfied on the advice of\nthe chief officer of any of the grounds mentioned in\nsubsection (5); and\n(b) table the report in the Legislative Assembly within 15 sitting\ndays after the Minister receives it.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Keeping documents connected with authorised operations","content":"32 Keeping documents connected with authorised operations\nThe chief officer of a law enforcement agency must cause the\nfollowing to be kept:\n(a) each formal application made by a law enforcement officer of\nthe agency;\n(b) each formal authority granted to a law enforcement officer of\nthe agency;\n(c) each formal variation application made by a law enforcement\nofficer of the agency;\n(d) each formal variation of authority granted to a law\nenforcement officer of the agency;\n(e) each cancellation of an authority that was granted to a law\nenforcement officer of the agency;\n(f) each report of a principal law enforcement officer of the\nagency under section 26(1) or 29.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"General register","content":"33 General register\n(1) The chief officer of a law enforcement agency must cause a general\nregister to be kept.\n(2) The general register is to specify:\n(a) for each application under this Part made by a law\nenforcement officer of the agency (including an application for\nvariation of authority):\n(i) the date of the application; and\n(ii) whether the application was formal or urgent; and\n(iii) whether the application was granted, refused or\nwithdrawn; and\n\nPolice (Special Investigative and Other Powers) Act 2015 27\n(iv) if the application was refused or withdrawn – the date\nand time of the refusal or withdrawal; and\n(b) for each authority granted to a law enforcement officer of the\nagency:\n(i) the date and time the authority was granted; and\n(ii) whether the authority was formal or urgent; and\n(iii) the name and position of the person who granted the\n(iv) each relevant offence in relation to which controlled\nconduct under the authority was to be engaged in; and\n(iva) each relevant offence, or for an authority granted by the\nICAC each instance of relevant improper conduct, in\nrelation to which controlled conduct under the authority\nwas to be engaged in; and\n(v) the period of validity of the authority; and\n(vi) if the authority was cancelled, the date and time of\ncancellation; and\n(vii) the date and time the authorised operation began and\nthe date of completion of the operation; and\n(viii) the date on which the principal law enforcement officer\nfor the operation gave a report on the operation to the\nchief officer of the agency under section 29; and\n(ix) if the authorised operation involved illicit goods, a\nstatement (to the extent known) of:\n(A) the nature and quantity of the illicit goods; and\n(B) the route through which the illicit goods passed in\nthe course of the operation; and\n(x) details of any loss of, or serious damage to, property, or\nany personal injuries, that occurred in the course of, or\nas a direct result of, the operation; and\n(c) for each variation of an authority under this Part:\n(i) the date and time the variation was made; and\n(ii) whether the variation was formal or urgent; and\n\nPolice (Special Investigative and Other Powers) Act 2015 28\n(iii) the name and position of the person who made the\nvariation.\n","sortOrder":34},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Inspections","content":"Subdivision 3 Inspections\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Inspection of records by relevant oversight body","content":"34 Inspection of records by relevant oversight body\n(1) The relevant oversight body must, from time to time and at least\nonce every 12 months, inspect the records of each law enforcement\nagency to determine the extent of compliance with this Part by the\nagency and law enforcement officers of the agency.\n(2) For each inspection, the relevant oversight body:\n(a) after notifying the chief officer of the agency, may enter at any\nreasonable time premises occupied by the agency; and\n(b) is entitled to have full and free access at all reasonable times\nto all records of the agency that are relevant to the inspection;\nand\n(c) may require a member of staff of the agency to provide to the\nrelevant oversight body any information:\n(i) that the relevant oversight body considers necessary;\nand\n(ii) that is in the member's possession, or to which the\nmember has access; and\n(iii) that is relevant to the inspection.\n(3) The chief officer of the agency must ensure that members of staff of\nthe agency give the relevant oversight body any assistance the\nbody reasonably requires to enable the body to perform functions\nunder this section.\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"DPP to be notified if evidence obtained in authorised operation","content":"35 DPP to be notified if evidence obtained in authorised operation\nThe chief officer of a law enforcement agency on whose behalf an\nauthorised operation is conducted must ensure that any evidence\nobtained in the course of the operation that is sent to the Director of\nPublic Prosecutions for any legal proceedings is accompanied by:\n(a) a written notice to the effect that the evidence has been\nobtained in the course of an authorised operation conducted\non behalf of the agency; and\n\nPolice (Special Investigative and Other Powers) Act 2015 29\n(b) a copy of the authority for the operation.\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Evidentiary certificate","content":"36 Evidentiary certificate\nIn any proceedings, a certificate signed by the chief officer of a law\nenforcement agency stating that, when granting or varying an\nauthority, the chief officer was satisfied as to any matter mentioned\nin section 11(2) and specified in the certificate is admissible and is\nconclusive evidence that the chief officer was satisfied as to those\nmatters.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Evidence of authority","content":"37 Evidence of authority\n(1) A document purporting to be an authority granted under section 11:\n(a) is admissible in any legal proceedings; and\n(b) is proof in any proceedings (not being criminal or disciplinary\nproceedings against a law enforcement officer) that the chief\nofficer granting the authority was satisfied of the facts the chief\nofficer was required to be satisfied of to grant the authority.\n(2) A document purporting to be an authority within the meaning of a\ncorresponding law granted under a provision of the corresponding\nlaw that corresponds to section 11:\n(a) is admissible in any legal proceedings in the Territory; and\n(b) is proof in any proceedings (not being criminal or disciplinary\nproceedings against a law enforcement officer) that the chief\nofficer who granted the authority was satisfied of the facts the\nchief officer was required to be satisfied of under the\ncorresponding law to grant the authority.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Object of Part","content":"38 Object of Part\nThe object of this Part is to facilitate, for law enforcement purposes,\ninvestigations and intelligence-gathering in relation to criminal\nactivity, including investigations extending beyond the Territory, by:\n(a) providing for the lawful acquisition and use of assumed\nidentities; and\n(b) facilitating mutual recognition of things done in relation to\nassumed identities under corresponding laws.\n\nPolice (Special Investigative and Other Powers) Act 2015 30\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Definitions","content":"39 Definitions\nacquire, in relation to an assumed identity, means acquire\nevidence of the identity and includes taking steps towards acquiring\nevidence of the identity.\nauthorised civilian means a person (other than a law enforcement\nofficer) who is authorised under an authority to acquire or use an\nassumed identity.\nauthorised officer means a law enforcement officer who is\nauthorised under an authority to acquire or use an assumed\nidentity.\nauthorised person means:\n(a) an authorised civilian; or\n(b) an authorised officer.\nauthority means an authority under section 41 to acquire and use\nan assumed identity and includes any variation of the authority.\ncorresponding authority means:\n(a) an authority under a corresponding law to acquire or use an\nassumed identity in the Territory; or\n(b) an authority under a corresponding law to request the\nproduction in the Territory of evidence of an assumed identity.\nevidence of identity means a document or other thing (such as a\ndriver's licence, birth certificate, credit card or identity card) that\nevidences or indicates, or can be used to evidence or indicate, a\nperson's identity or any aspect of a person's identity.\ngovernment issuing agency, in relation to an authority, means an\nAgency or other government organisation that issues evidence of\nidentity and which is named in the authority.\nnon-government issuing agency, in relation to an authority,\nmeans a person, body or entity (other than a government issuing\nagency) that issues evidence of identity and who or which is named\nin the authority.\nofficer, of a law enforcement agency or an issuing agency,\nincludes a person employed or engaged in the agency.\n\nPolice (Special Investigative and Other Powers) Act 2015 31\nRegistrar means the Registrar of Births, Deaths and Marriages\nappointed under section 5(1) of the Births, Deaths and Marriages\nRegistration Act 1996.\nsupervisor, of an authorised civilian, means the law enforcement\nofficer appointed under section 41(3) to supervise the acquisition or\nuse of an assumed identity by the authorised civilian.\nuse, by a person in relation to an assumed identity, includes\nrepresenting (whether expressly or impliedly, or by saying or doing\nsomething) the identity to be the person's real identity when it is not.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Application for authority to acquire or use assumed identity","content":"40 Application for authority to acquire or use assumed identity\n(1) A law enforcement officer of a law enforcement agency may apply\nin writing to the chief officer of the agency for an authority for the\nlaw enforcement officer or any other person to do either or both of\nthe following:\n(a) acquire an assumed identity;\n(b) use an assumed identity.\n(2) A separate application must be made for each assumed identity to\nbe acquired or used.\n(3) The application must contain the following information:\n(a) the name of the applicant;\n(b) the name of the person to be authorised to acquire or use an\nassumed identity (if not the applicant);\n(c) if the person mentioned in paragraph (b) is not a law\nenforcement officer – the name and rank or position of the law\nenforcement officer proposed to be appointed as supervisor\nand an explanation of why it is necessary for a person who is\nnot a law enforcement officer to acquire or use the assumed\nidentity;\n(d) details of the proposed assumed identity;\n(e) reasons for the need to acquire or use an assumed identity;\n(f) details of the investigation or intelligence-gathering operation\nin which the assumed identity will be used (to the extent\nknown);\n\nPolice (Special Investigative and Other Powers) Act 2015 32\n(g) details of any issuing agencies and the types of evidence\nproposed to be issued by them;\n(h) details of any application to be made for an order under\nsection 46 (Making entries in register of births, deaths or\nmarriages) in relation to the assumed identity.\n(4) The chief officer may require the applicant to provide any additional\ninformation concerning the application that is necessary for the\nchief officer's proper consideration of the application.\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Determination of application","content":"41 Determination of application\n(1) After considering an application for an authority to acquire or use an\nassumed identity, and any additional information provided under\nsection 40(4), the chief officer of a law enforcement agency:\n(a) may grant an authority to acquire or use the assumed identity,\neither unconditionally or subject to conditions; or\n(2) An authority to acquire or use an assumed identity must not be\ngranted unless the chief officer is satisfied on reasonable grounds:\n(a) that the assumed identity is necessary for an investigation or\nintelligence-gathering in relation to criminal activity; and\n(b) that the risk of abuse of the assumed identity by the\nauthorised person is minimal; and\n(c) if the application is for authorisation of an assumed identity for\na person who is not a law enforcement officer – that it would\nbe impossible or impracticable in the circumstances for a law\nenforcement officer to acquire or use the assumed identity for\nthe purpose sought.\n(3) If an authority is granted for an authorised civilian, the chief officer\nmust appoint a law enforcement officer of the law enforcement\nagency to supervise the acquisition or use of the assumed identity\nby the authorised civilian.\n(4) The law enforcement officer appointed as supervisor must be of or\nabove the rank of sergeant.\n(5) An authority may also authorise any one or more of the following:\n(a) an application for an order for an entry in a register of births,\ndeaths or marriages under section 46 or a corresponding law;\n\nPolice (Special Investigative and Other Powers) Act 2015 33\n(b) a request under section 50 or 62;\n(c) the use of an assumed identity in a participating jurisdiction.\n(6) A separate authority is required for each assumed identity.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Form of authority","content":"42 Form of authority\n(1) An authority must be in writing and signed by the chief officer\ngranting it.\n(2) An authority must state the following:\n(a) the name of the chief officer granting the authority;\n(b) the date of the authority;\n(c) details of the assumed identity authorised;\n(d) details of any evidence of the assumed identity that may be\nacquired under the authority;\n(e) the conditions to which the authority is subject;\n(f) why the authority is granted;\n(g) if the authority relates to an authorised officer – the name of\nthe officer;\n(h) if the authority relates to an authorised civilian:\n(i) the name of the civilian; and\n(ii) the name of the civilian's supervisor under the authority;\nand\n(iii) the period for which the authority will remain in force,\nbeing a period not exceeding 3 months.\n(3) The authority must also state the following:\n(a) each issuing agency to which a request may be made under\nsection 50 or 62;\n(b) whether it authorises an application for an order for an entry in\na register of births, deaths or marriages under section 46 or a\ncorresponding law;\n(c) each participating jurisdiction in which an assumed identity\narising under this Part may be used.\n\nPolice (Special Investigative and Other Powers) Act 2015 34\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Period of authority","content":"43 Period of authority\n(1) An authority for an authorised officer remains in force until\ncancelled under section 44.\n(2) An authority for an authorised civilian remains in force until the end\nof the period specified in the authority unless cancelled sooner\nunder section 44.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Variation or cancellation of authority","content":"44 Variation or cancellation of authority\n(1) The chief officer of a law enforcement agency who grants an\n(a) may vary or cancel the authority at any time; and\n(b) must cancel the authority if the chief officer is satisfied (on a\nreview under section 45 or otherwise) that use of the assumed\nidentity is no longer necessary.\n(2) The chief officer must give written notice of the variation or\ncancellation to:\n(a) the authorised person to whom it relates; and\n(b) if the authorised person is an authorised civilian – the\nauthorised civilian's supervisor.\n(3) The notice must state why the authority is varied or cancelled.\n(4) The variation or cancellation takes effect at the time the written\nnotice is given to the authorised person or, if a later time is\nspecified, that later time.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Review of authority","content":"45 Review of authority\n(1) The chief officer of a law enforcement agency must periodically\nreview each authority granted under this Part.\n(2) The review is to be conducted at least once every 12 months.\n(3) The purpose of a review is to determine whether use of the\nassumed identity under the authority is still necessary.\n(4) If the chief officer is satisfied on a review that use of the assumed\nidentity under the authority is no longer necessary, the chief officer\nmust cancel the authority.\n(5) If the chief officer is satisfied on a review that use of the assumed\nidentity under the authority is still necessary, the chief officer must\nrecord his or her opinion, and the reasons for it, in writing.\n\nPolice (Special Investigative and Other Powers) Act 2015 35\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Making entry in register of births, deaths or marriages","content":"46 Making entry in register of births, deaths or marriages\n(1) An application to the Supreme Court for an order under this section\nmay be made by:\n(a) the chief officer of a law enforcement agency; or\n(b) the chief officer of a law enforcement agency under a\ncorresponding law; or\n(c) the chief officer of an intelligence agency.\n(2) If the Court is satisfied the order is justified, having regard to the\nnature of the activities undertaken or to be undertaken under an\nauthority or corresponding authority, the Court may order the\nRegistrar to make an entry in a register of births, deaths or\nmarriages under the Births, Deaths and Marriages Registration\nAct 1996 in relation to an assumed identity acquired under the\nauthority or corresponding authority.\n(3) The application must be heard in closed court and a transcript must\nnot be made of the proceedings.\n(4) If the Court makes an order under subsection (2), the Registrar\nmust give effect to the order:\n(a) within the period stated in the order; or\n(b) if no period is stated in the order – within 28 days after the day\nthe order is made.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Cancelling entry in register of births, deaths or marriages","content":"47 Cancelling entry in register of births, deaths or marriages\n(a) the chief officer of an agency mentioned in section 46(1)\napplied for an order under that section; and\n(b) as a result of the order being made there is an entry in relation\nto an assumed identity in a register of births, deaths or\nmarriages under the Births, Deaths and Marriages\nRegistration Act 1996; and\n(c) the chief officer cancels the authority for that assumed identity.\n(2) The chief officer of that agency must apply to the Supreme Court\nfor an order under this section within 28 days after the day the\nauthority is cancelled.\n\nPolice (Special Investigative and Other Powers) Act 2015 36\n(3) The Supreme Court may order the Registrar to cancel the entry that\nhas been made in a register of births, deaths or marriages as a\nresult of the order under section 46.\n(4) The application must be heard in closed court and a transcript must\nnot be made of the proceedings.\n(5) If the Court makes an order under subsection (3), the Registrar\nmust give effect to the order:\n(a) within the period stated in the order; or\n(b) if no period is stated in the order – within 28 days after the day\nthe order is made.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Cancelling entry in register of births, deaths or marriages of","content":"48 Cancelling entry in register of births, deaths or marriages of\nanother jurisdiction\n(a) the chief officer of a law enforcement agency applied for an\norder under a corresponding law; and\n(b) as a result of the order being made there is an entry in relation\nto an assumed identity in a register of births, deaths or\nmarriages in another jurisdiction; and\n(c) the chief officer cancels the authority for that assumed identity.\n(2) The chief officer of that agency must apply under the corresponding\nlaw for an order to cancel the entry within 28 days after the day the\nauthority is cancelled.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Restriction about access to application about entry in register","content":"49 Restriction about access to application about entry in register\n(1) This section applies to:\n(a) a proceeding on an application under section 46 or 47 for an\norder to make or cancel an entry in a register of births, deaths\nand marriages; and\n(b) an order in a proceeding mentioned in paragraph (a).\n(2) A person is not entitled to search information in the custody of a\ncourt in relation to the proceeding unless a Supreme Court Judge\notherwise orders in the interests of justice.\n(3) In addition, a person must not publish a report of the proceeding.\n\nPolice (Special Investigative and Other Powers) Act 2015 37\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Request for evidence of assumed identity","content":"50 Request for evidence of assumed identity\n(1) This section applies if an authority authorises a request under this\nsection.\n(2) The chief officer who grants the authority may request the chief\nofficer of an issuing agency stated in the authority to:\n(a) produce evidence of an assumed identity in accordance with\nthe authority; and\n(b) give evidence of the assumed identity to the authorised\nperson named in the authority.\n(3) The request must state a reasonable period for compliance with the\nrequest.\n(4) A request cannot be made under this section for an entry in a\nregister of births, deaths or marriages.\n(5) In this section:\nevidence means evidence similar to that ordinarily produced or\ngiven by the issuing agency.\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Government issuing agency to comply with request","content":"51 Government issuing agency to comply with request\nThe chief officer of a government issuing agency who receives a\nrequest under section 50 must comply with the request within the\nreasonable period stated in the request.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Non-government issuing agency may comply with request","content":"52 Non-government issuing agency may comply with request\nThe chief officer of a non-government issuing agency who receives\na request under section 50 may comply with the request.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Cancellation of evidence of assumed identity","content":"53 Cancellation of evidence of assumed identity\n(1) The chief officer of an issuing agency who produces evidence of an\nassumed identity under this Division must cancel the evidence if\ndirected in writing to do so by the chief officer who requested the\nevidence.\n(2) In this section:\ncancel includes delete or alter an entry in a record of information.\n\nPolice (Special Investigative and Other Powers) Act 2015 38\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Protection from criminal liability – officer of issuing agency","content":"54 Protection from criminal liability – officer of issuing agency\nThe chief officer, or an officer, of an issuing agency who does\nsomething that, apart from this section, would be an offence, is not\ncriminally responsible for the offence if the thing is done to comply\nwith a request under section 50 or a direction under section 53.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Indemnity for issuing agency and officers","content":"55 Indemnity for issuing agency and officers\nmakes a request under section 50, or gives a direction under\nsection 53, to the chief officer of an issuing agency.\n(2) The law enforcement agency must indemnify the issuing agency, or\nan officer of the issuing agency, for any liability incurred by the\nissuing agency or officer (including reasonable costs) if:\n(a) the liability is incurred because of something done by the\nissuing agency or officer to comply with the request or\ndirection in the course of duty; and\n(b) any requirements prescribed by regulation for this section\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Lawfulness of activities in relation to assumed name","content":"56 Lawfulness of activities in relation to assumed name\n(1) This section applies in relation to documentation or information that\nis the subject of a certificate, signed by the chief officer of the\nissuing agency responsible for issuing the documentation or\ninformation, to the effect that the documentation or information is to\nbe used for this Act.\n(2) Despite any other Act or law, the following activities are not\nunlawful, and do not constitute offences:\n(a) the preparation of any false documentation (such as the\npreparation of a driver licence, credit card or identity card\nunder an assumed name) in accordance with a request by the\nchief officer of a law enforcement agency or the chief officer of\nan intelligence agency;\n(b) the inclusion of any false information in any record or register\n(such as that relevant to the issue of a driver licence, credit\ncard or identity card under an assumed name) in accordance\nwith a request by the chief officer of a law enforcement agency\nor the chief officer of an intelligence agency;\n(c) the use of such documentation or information by any person in\nthe course of, and for the purposes of, an authorised operation\nconducted on behalf of a law enforcement agency;\n\nPolice (Special Investigative and Other Powers) Act 2015 39\n(d) an activity in connection with an activity mentioned in\nparagraph (a), (b) or (c) that (apart from this section) would be\nunlawful (such as an activity that would otherwise give rise to\nthe offence of aiding and abetting the commission of an\noffence or of conspiring to commit an offence).\n(3) Subsection (1) does not render lawful the preparation of false\ndocumentation, the inclusion of false information in any record or\nregister or the use of such documentation or information in relation\nto matters of the kind recorded or registered under the Births,\nDeaths and Marriages Registration Act 1996.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Assumed identity may be acquired and used","content":"57 Assumed identity may be acquired and used\n(1) An authorised officer may acquire or use (or both) an assumed\nidentity if the acquisition or use (or both) are:\n(a) in accordance with an authority; and\n(b) in the course of duty.\n(2) An authorised civilian may acquire or use (or both) an assumed\nidentity if the acquisition or use (or both) are in accordance with:\n(a) an authority; and\n(b) a direction by the authorised civilian's supervisor under the\nauthority.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Protection from criminal liability – authorised persons","content":"58 Protection from criminal liability – authorised persons\nIf an authorised person does something (whether in the Territory or\nelsewhere) that, apart from this section, would be an offence, the\nperson is not criminally responsible for the offence if:\n(a) the thing is done in the course of acquiring or using an\nassumed identity in accordance with an authority; and\n(b) the thing is done:\n(i) for an authorised officer – in the course of the officer's\nduty; or\n(ii) for an authorised civilian – in accordance with a direction\nby the civilian's supervisor under the authority; and\n(c) doing the thing would not be an offence if the assumed identity\nwere the person's real identity.\n\nPolice (Special Investigative and Other Powers) Act 2015 40\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Indemnity for authorised person","content":"59 Indemnity for authorised person\ngrants an authority.\n(2) The law enforcement agency must indemnify the authorised person\nunder the authority for any liability incurred by the person (including\nreasonable costs) because of something done by the person\n(whether in the Territory or elsewhere) if:\n(a) the thing is done in the course of acquiring or using an\nassumed identity in accordance with the authority; and\n(b) the thing is done:\n(i) for an authorised officer – in the course of the officer's\nduty; or\n(ii) for an authorised civilian – in accordance with a direction\nby the civilian's supervisor under the authority; and\n(c) any requirements prescribed by regulation for this section\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Particular qualifications","content":"60 Particular qualifications\n(1) Sections 58 and 59 do not apply to anything done by an authorised\nperson if:\n(a) a particular qualification is needed to do the thing; and\n(b) the person does not have that qualification.\n(2) Subsection (1) applies whether or not the person has acquired, as\nevidence of an assumed identity, a document that indicates that the\nperson has that qualification.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Effect of being unaware of variation or cancellation of","content":"61 Effect of being unaware of variation or cancellation of\nauthority\n(1) If an authority has been varied in a way that limits its scope, this\nPart continues to apply to the authorised person to whom it relates\nas if it had not been varied in that way, to the extent that the\nperson:\n(a) is unaware of the variation; and\n(b) is not reckless about the existence of the variation.\n\nPolice (Special Investigative and Other Powers) Act 2015 41\n(2) If an authority has been cancelled, this Part continues to apply to\nthe authorised person to whom it related as if it had not been\ncancelled, to the extent that the person:\n(a) is unaware of the cancellation; and\n(b) is not reckless about the existence of the cancellation.\n(3) For this section, a person is reckless about the existence of the\nvariation or cancellation of an authority if:\n(a) the person is aware of a substantial risk that the authority has\nbeen varied or cancelled; and\n(b) having regard to the circumstances known to the person, it is\nunjustifiable to take the risk.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Request to participating jurisdiction for evidence of assumed","content":"62 Request to participating jurisdiction for evidence of assumed\nidentity\n(1) This section applies if an authority authorises a request under this\nsection.\n(2) The chief officer who grants the authority may request the chief\nofficer of an issuing agency of a participating jurisdiction stated in\nthe authority to:\n(a) produce evidence of the assumed identity in accordance with\nthe authority; and\n(b) give evidence of the assumed identity to the authorised\nperson named in the authority.\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Request from participating jurisdiction for evidence of","content":"63 Request from participating jurisdiction for evidence of\nassumed identity\n(a) a corresponding authority authorises a request for:\n(i) the production of evidence of an assumed identity; and\n(ii) the giving of evidence of the assumed identity to the\nauthorised person named in the authority; and\n(b) the request is made to the chief officer of an issuing agency;\nand\n\nPolice (Special Investigative and Other Powers) Act 2015 42\n(c) the request states a reasonable period for compliance with the\nrequest.\n(2) The chief officer of a government issuing agency who receives the\nrequest must comply with the request within the reasonable period\nstated in the request.\n(3) The chief officer of a non-government issuing agency who receives\nthe request may comply with the request.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Direction from participating jurisdiction to cancel evidence of","content":"64 Direction from participating jurisdiction to cancel evidence of\nassumed identity\n(1) The chief officer of an issuing agency who produces evidence of an\nassumed identity because of a request mentioned in section 63\nmust cancel the evidence if directed in writing to do so by the chief\nofficer who made the request.\n(2) In this section:\ncancel includes delete or alter an entry in a record of information.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Indemnity for issuing agency and officers","content":"65 Indemnity for issuing agency and officers\nmakes a request to the chief officer of an issuing agency of a\nparticipating jurisdiction under section 62.\n(2) The law enforcement agency must indemnify the issuing agency\nand any officer of the issuing agency, for any liability incurred by the\nissuing agency or officer (including reasonable costs) if:\n(a) the liability is incurred because of something done (whether in\nthe Territory or elsewhere) by the issuing agency or officer to\ncomply with the request in the course of duty; and\n(b) any requirements prescribed by regulation for this section\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Application of Part to corresponding authority","content":"66 Application of Part to corresponding authority\nThe following provisions apply to anything done in the Territory in\nrelation to a corresponding authority as if it were an authority\ngranted under section 41:\n(a) section 54 (Protection from criminal liability – officer of issuing\nagency);\n(b) section 57 (Assumed identity may be acquired and used);\n\nPolice (Special Investigative and Other Powers) Act 2015 43\n(c) section 58 (Protection from criminal liability – authorised\npersons);\n(d) section 60 (Particular qualifications);\n(e) section 61 (Effect of being unaware of variation or cancellation\nof authority);\n(f) section 67 (Misuse of assumed identity);\n(g) section 68 (Disclosing information about assumed identity).\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Misuse of assumed identity","content":"67 Misuse of assumed identity\n(1) An authorised officer commits an offence if:\n(a) the officer acquires evidence of an assumed identity; and\n(b) the acquisition:\n(i) is not in accordance with the officer's authority; or\n(ii) is not in the course of duty.\n(2) An authorised officer commits an offence if:\n(a) the officer uses an assumed identity; and\n(b) the use:\n(i) is not in accordance with the officer's authority; or\n(ii) is not in the course of duty.\n(3) An authorised civilian commits an offence if:\n(a) the civilian acquires evidence of an assumed identity; and\n(b) the acquisition:\n(i) is not in accordance with the civilian's authority; or\n\nPolice (Special Investigative and Other Powers) Act 2015 44\n(ii) is not in accordance with a direction of the civilian's\nsupervisor under the authority.\n(4) An authorised civilian commits an offence if:\n(a) the civilian uses an assumed identity; and\n(b) the use:\n(i) is not in accordance with the civilian's authority; or\n(ii) is not in accordance with a direction of the civilian's\nsupervisor under the authority.\n(5) Strict liability applies to subsections (1)(b), (2)(b), (3)(b) and (4)(b).\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Disclosing information about assumed identity","content":"68 Disclosing information about assumed identity\n(b) the information reveals or may reveal that an assumed identity\nacquired or used by a third person is not that person's real\nidentity; and\n(2) Strict liability applies to subsection (1)(a) and (c).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n(4) A person commits an offence if:\n(b) the information reveals or may reveal that an assumed identity\nacquired or used by a third person is not that person's real\nidentity; and\n\nPolice (Special Investigative and Other Powers) Act 2015 45\n(5) Strict liability applies to subsection (4)(c).\n(6) A person commits an offence against this subsection if:\n(b) the conduct would constitute an offence against subsection (1)\nor (4); and\n(ii) prejudices the effective conduct of an investigation or\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Reports about authorities for assumed identities etc.","content":"69 Reports about authorities for assumed identities etc.\n(1) As soon as practicable after the end of each financial year, the chief\nofficer of a law enforcement agency must provide a report to the\nMinister that includes the following information for the year in\nrelation to the agency:\n(a) the number of authorities granted during the year;\n(b) a general description of the activities undertaken by\nauthorised persons when using assumed identities under this\nPart during the year;\n(c) the number of applications for authorities that were refused\nduring the year;\n(d) a statement as to whether any fraud or other unlawful activity\nwas identified by an audit under section 71 during the year;\n(e) any other information relating to authorities and assumed\nidentities and the administration of this Part that the Minister\nconsiders appropriate.\n(2) The chief officer must advise the Minister of any information in the\nreport that, in the chief officer's opinion, should be excluded from\nthe report before the report is tabled in the Legislative Assembly\nbecause the information, if made public, could reasonably be\nexpected to:\n(a) endanger a person's safety; or\n\nPolice (Special Investigative and Other Powers) Act 2015 46\n(b) prejudice an investigation or prosecution; or\n(c) compromise any law enforcement agency's operational\nactivities or methodologies.\n(3) The Minister must:\n(a) exclude information from the report if satisfied on the advice of\nthe chief officer of any of the grounds set out in subsection (2);\nand\n(b) table the report in the Legislative Assembly within 15 sitting\ndays after the Minister receives it.\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Record keeping","content":"70 Record keeping\n(1) The chief officer of a law enforcement agency must cause\nappropriate records to be kept about the operation of this Part in\nrelation to the agency.\n(2) The records must include the following, for authorities granted,\nvaried or cancelled under this Part in relation to the law\nenforcement agency:\n(a) the date on which, and the name of the person who, granted,\nvaried or cancelled an authority;\n(b) the name of the authorised person under the authority,\ntogether with details of the assumed identity to which the\nauthority applies;\n(c) details of any request made to an issuing agency under\nsection 50 in relation to the authority;\n(d) the general nature of the duties undertaken by the authorised\nperson under the assumed identity;\n(e) general details of relevant financial transactions entered into\nusing the assumed identity;\n(f) details of reviews of the authority under section 45.\n\nPolice (Special Investigative and Other Powers) Act 2015 47\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Audit of records – law enforcement agencies other than the","content":"71 Audit of records – law enforcement agencies other than the\nICAC\n(1) The chief officer of a law enforcement agency, other than the ICAC,\nmust arrange for the records kept under section 70 for each\nauthority in relation to the agency to be audited:\n(a) at least once every 6 months while the authority is in force;\nand\n(b) at least once in the 6 months after the cancellation or expiry of\nthe authority.\n(2) The audit is to be conducted by a person appointed by the chief\nofficer.\n(3) The person appointed to conduct the audit:\n(a) may but need not be an officer of the law enforcement agency;\nand\n(b) must not be a person:\n(i) who granted, varied or cancelled any of the authorities to\nwhich the records under section 70 relate; or\n(ii) who is or was an authorised person under any of the\nauthorities to which those records relate.\n(4) The results of an audit are to be reported to the chief officer.\n","sortOrder":73},{"sectionNumber":"71A","sectionType":"section","heading":"Audit of records – the ICAC","content":"71A Audit of records – the ICAC\n(1) The Inspector must arrange for the records kept under section 70\nby the ICAC for each authority in relation to the ICAC to be audited:\n(a) at least once every 6 months while the authority is in force;\nand\n(b) at least once in the 6 months after the cancellation or expiry of\nthe authority.\n(2) The audit is to be conducted by a person appointed by the\nInspector.\n(3) The person appointed to conduct the audit:\n(a) may be a member of ICAC staff; and\n\nPolice (Special Investigative and Other Powers) Act 2015 48\n(b) must not be a person:\n(i) who granted, varied or cancelled any of the authorities to\nwhich the records under section 70 relate; or\n(ii) who is or was an authorised person under any of the\nauthorities to which those records relate.\n(4) The results of an audit are to be reported to the Inspector.\n(5) In this section:\nmember of ICAC staff, see section 4 of the ICAC Act.\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Object of Part","content":"72 Object of Part\nThe object of this Part is to facilitate, for law enforcement purposes,\ninvestigations in relation to criminal activity, including investigations\nextending beyond the Territory, by:\n(a) providing for the protection of the identity of operatives; and\n(b) facilitating mutual recognition of corresponding witness identity\nprotection certificates.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Definitions","content":"73 Definitions\ncorresponding non-disclosure certificate means a certificate\ngiven under a provision of a corresponding law that corresponds to\nsection 88(2).\ncorresponding witness identity protection certificate means a\ncertificate given under a provision of a corresponding law that\ncorresponds to section 76.\ncourt includes any tribunal or person authorised by law or consent\nof parties to receive evidence.\ncourt name, for an operative in relation to a proceeding, means a\nname (other than the operative's real name) or code used to identify\nthe operative in the proceeding.\n\nPolice (Special Investigative and Other Powers) Act 2015 49\noperative means a person who is or was:\n(a) a participant in an authorised operation under Part 2; or\n(b) authorised to acquire and use an assumed identity under\nPart 3; or\n(c) a person who is authorised under section 32 of the Misuse of\nDrugs Act 1990 to acquire, supply or possess a dangerous\ndrug or precursor.\nparty, to a proceeding, means:\n(a) for a criminal proceeding – the prosecutor and each accused\nperson; or\n(b) for a civil proceeding – each person who is a party to the\nproceeding; or\n(c) for any other proceeding – each person who may appear or\ngive evidence in the proceeding.\nperson involved in a proceeding includes the following:\n(a) the court;\n(b) a party to the proceeding;\n(c) a person given leave to be heard or make submissions in the\nproceeding;\n(d) a lawyer representing a person mentioned in paragraph (b) or\n(c) or a lawyer assisting the court in the proceeding;\n(e) any other officer of the court or person assisting the court in\nthe proceeding;\n(f) a person acting in the execution of any process or the\nenforcement of any order in the proceeding.\nproceeding means any criminal, civil or other proceeding or\ninquiry, reference or examination in which by law or consent of\nparties evidence is or may be given, and includes an arbitration.\nwitness identity protection certificate means a certificate given\nunder section 76.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Party may act through lawyer","content":"74 Party may act through lawyer\n(1) A thing that may be done by a party to a proceeding may, for this\nPart, be done by the party's lawyer.\n\nPolice (Special Investigative and Other Powers) Act 2015 50\n(2) A requirement to give something to a party to a proceeding is\nsatisfied, for this Part, by giving the thing to the party's lawyer.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Application of Division","content":"75 Application of Division\n(1) This Division applies to a proceeding in which an operative is, or\nmay be, required to give evidence obtained as an operative.\n(2) To remove any doubt, this Division does not affect the operation of\nthe common law in relation to the protection of the identity of a\nperson who is not an operative who gives or intends to give\nevidence in a proceeding.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Witness identity protection certificate","content":"76 Witness identity protection certificate\n(1) The chief officer of a law enforcement agency may give a certificate\n(a witness identity protection certificate) for an operative of the\nagency in relation to a proceeding if:\n(a) the operative is, or may be required, to give evidence in the\nproceeding; and\n(b) the chief officer is satisfied on reasonable grounds that the\ndisclosure in the proceeding of the operative's identity or\nwhere the operative lives is likely to:\n(i) endanger the safety of the operative or someone else; or\n(ii) prejudice an investigation.\n(2) The chief officer must make all reasonable enquiries to enable the\nchief officer to ascertain the information required to be included in\nthe certificate by section 77.\n(3) A decision to give a witness identity protection certificate:\n(a) is final; and\n(b) cannot be appealed against, reviewed, called into question,\nquashed or invalidated in any court.\n(4) Subsection (3) does not prevent a decision to give a witness\nidentity protection certificate being called into question in the course\nof any proceedings of a disciplinary nature against the person who\nmade the decision.\n\nPolice (Special Investigative and Other Powers) Act 2015 51\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Form of witness identity protection certificate","content":"77 Form of witness identity protection certificate\n(1) A witness identity protection certificate for an operative of a law\nenforcement agency in relation to a proceeding must state the\nfollowing:\n(a) if the operative is known to a party to the proceeding or a\nparty's lawyer by a name other than the operative's real\nname – the name by which the party or party's lawyer knows\nthe operative;\n(b) if the operative is not known to any party to the proceeding or\nany party's lawyer by a name – the operative's court name for\nthe proceeding;\n(c) the period the operative was involved in the investigation to\nwhich the proceeding relates;\n(d) the name of the agency;\n(e) the date of the certificate;\n(f) the grounds for giving the certificate;\n(g) whether the operative has been convicted or found guilty of an\noffence and, if so, particulars of each offence;\n(h) whether there are charges against the operative for an offence\npending or outstanding and, if so, particulars of each charge;\n(i) if the operative is or was a law enforcement officer:\n(i) whether the operative has been found guilty of\nprofessional misconduct and, if so, particulars of each\nfinding; and\n(ii) whether any allegations of professional misconduct\nagainst the operative are outstanding and, if so,\nparticulars of each allegation;\n(j) whether, to the knowledge of the person giving the certificate,\na court has made any adverse comment about the operative's\ncredibility and, if so, particulars of the comment;\n(k) whether, to the knowledge of the person giving the certificate,\nthe operative has made a false representation when the truth\nwas required and, if so, particulars of the representation;\n\nPolice (Special Investigative and Other Powers) Act 2015 52\n(l) if there is anything else known to the person giving the\ncertificate that may be relevant to the operative's credibility –\nparticulars of the thing.\n(2) A witness identity protection certificate for an operative must not\ncontain information that may allow the operative's identity, or where\nthe operative lives, to be revealed.\n(3) For this section:\n(a) a charge against a person for an offence is outstanding until\nthe charge is finally dealt with in any of the following ways:\n(i) the charge is withdrawn;\n(ii) the charge is dismissed by a court;\n(iii) the person is discharged by the Local Court following a\npreliminary examination under Part V of the Local Court\n(Criminal Procedure) Act 1928;\n(iv) the person is acquitted or found guilty of the offence by a\ncourt; and\n(b) a charge against a person for an offence is pending if the\nperson has not yet been charged with the offence, but:\n(i) the person has been arrested for the offence, unless the\nperson has been later released without being charged\nwith an offence; or\n(ii) a summons to appear before a court to answer a charge\nfor the offence has been served on the person; and\n(c) an allegation of professional misconduct against a person is\noutstanding if the allegation has not been finally dealt with in\naccordance with Part IV of the Police Administration Act 1978.\n(4) In this section:\nfalse representation does not include a representation made\nunder an authority under Part 2 or 3.\nprofessional misconduct means misconduct or a breach of\ndiscipline under:\n(a) Part IV of the Police Administration Act 1978; or\n(b) a law of another jurisdiction that corresponds to the Police\nAdministration Act 1978; or\n\nPolice (Special Investigative and Other Powers) Act 2015 53\n(c) a law of a foreign country that corresponds to the Police\nAdministration Act 1978.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Filing and notification","content":"78 Filing and notification\n(1) A witness identity protection certificate for an operative, in relation\nto a proceeding, must be filed in the court before the operative\ngives evidence in the proceeding.\n(2) The person who files the certificate must give a copy of it to each\nparty to the proceeding at least 14 days (or the shorter period\nagreed to by the party) before the day the operative is to give\nevidence.\n(3) The court may order the person filing the certificate to give a copy\nof it to someone else stated in the order.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Effect of witness identity protection certificate","content":"79 Effect of witness identity protection certificate\n(a) a witness identity protection certificate for an operative is filed\nin accordance with section 78(1); and\n(b) either:\n(i) a copy of the certificate is given to each party in\naccordance with section 78(2) and to each person in\naccordance with an order under section 78(3) (if any); or\n(ii) the court gives leave for this section to apply despite\nnon-compliance with section 78(2) or (3).\n(2) The operative may give evidence in the proceeding under the name\nby which the operative is known as mentioned in section 77(1)(a) or\ncourt name as mentioned in section 77(1)(b), stated in the\ncertificate and, subject to section 81:\n(a) a question must not be asked of a witness, including the\noperative, that may lead to the disclosure of the operative's\nidentity or where the operative lives; and\n(b) a witness, including the operative, cannot be required to (and\nmust not) answer a question, give evidence or provide\noperative's identity or where the operative lives; and\n(c) a person involved in the proceeding must not make a\nstatement that discloses, or may lead to the disclosure of, the\noperative's identity or where the operative lives.\n\nPolice (Special Investigative and Other Powers) Act 2015 54\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Orders to protect operative's identity etc.","content":"80 Orders to protect operative's identity etc.\n(1) The court in which a witness identity protection certificate is filed\nmay make any order it considers necessary or desirable to protect\nthe identity of the operative for whom the certificate is given or to\nprevent the disclosure of where the operative lives.\n(2) A person commits an offence if the person:\n(a) engages in conduct; and\nsubsection (1).\n(3) Subsection (2) does not limit the court's power to punish for\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Disclosure of operative's identity etc. despite certificate","content":"81 Disclosure of operative's identity etc. despite certificate\n(1) This section applies if a witness protection certificate for an\noperative in relation to a proceeding is filed in a court.\n(2) A party to the proceeding, or a lawyer assisting the court in the\nproceeding, may apply to the court:\n(a) for leave:\n(i) to ask a question of a witness, including the operative,\nthat may lead to the disclosure of the operative's identity\nor where the operative lives; or\n(ii) for a person involved in the proceeding to make a\nstatement that discloses, or may lead to the disclosure\nof, the operative's identity or where the operative lives;\nor\n(b) for an order requiring a witness, including the operative, to\nanswer a question, give evidence or provide information that\ndiscloses, or may lead to the disclosure of, the operative's\nidentity or where the operative lives.\n(3) The court may:\n(a) if an application is made under subsection (2)(a) – give leave\nfor the party or lawyer to do anything mentioned in that\nsubsection; or\n\nPolice (Special Investigative and Other Powers) Act 2015 55\n(b) if an application is made under subsection (2)(b) – make an\norder requiring a witness to do anything mentioned in that\nsubsection.\n(4) However, the court must not give leave or make an order unless\nsatisfied about each of the following:\n(a) there is evidence that, if accepted, would substantially call into\nquestion the operative's credibility;\n(b) it would be impractical to test properly the credibility of the\noperative without allowing the risk of disclosure of, or\ndisclosing, the operative's identity or where the operative lives;\n(c) it is in the interests of justice for the operative's credibility to be\nable to be tested.\n(5) If there is a jury in the proceeding, the application must be heard in\nthe absence of the jury.\n(6) Unless the court considers that the interests of justice require\notherwise, the court must be closed when:\n(7) The court must make an order suppressing the publication of\nanything said when:\n(8) Subsection (7) does not prevent the taking of a transcript of court\nproceedings, but the court may make an order for how the\ntranscript is to be dealt with, including an order suppressing its\npublication.\n(9) The court may make any other order it considers appropriate to\nprotect the operative's identity or to prevent the disclosure of where\nthe operative lives.\n(10) A person commits an offence if the person:\n(a) engages in conduct; and\n\nPolice (Special Investigative and Other Powers) Act 2015 56\nsubsection (7), (8) or (9).\n(11) Subsection (10) does not limit the court's power to punish for\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Directions to jury","content":"82 Directions to jury\n(a) a witness identity protection certificate for an operative in\nrelation to a proceeding is filed in a court; and\n(b) there is a jury in the proceeding; and\n(c) the operative gives evidence.\n(2) Unless the court considers to do so would be inappropriate, the\ncourt must direct the jury not to give the operative's evidence any\nmore or less weight, or draw any adverse inferences against the\ndefendant or another party to the proceeding, because:\n(a) there is a witness identity protection certificate for the\noperative; or\n(b) the court has made an order under section 80 or 81(7), (8)\nor (9).\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Witness identity protection certificate – cancellation","content":"83 Witness identity protection certificate – cancellation\ngives a witness identity protection certificate for an operative of the\nagency in relation to a proceeding.\n(2) The chief officer must cancel the witness identity protection\ncertificate if the chief officer considers that it is no longer necessary\nor appropriate to prevent the disclosure of the operative's identity or\nwhere the operative lives.\n(3) If the chief officer cancels the certificate after it has been filed in a\ncourt, the chief officer must immediately give notice to the court and\neach party to the proceeding, in writing, that the certificate has been\ncancelled.\n\nPolice (Special Investigative and Other Powers) Act 2015 57\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Permission to provide information disclosing operative's","content":"84 Permission to provide information disclosing operative's\nidentity etc.\ngives a witness identity protection certificate for an operative of the\nagency in relation to a proceeding.\n(2) The chief officer may, in writing, permit a person to provide\ninformation (otherwise than in the proceeding) that discloses, or\nmay lead to the disclosure of, the operative's identity or where the\noperative lives if the chief officer considers it necessary or\nappropriate for the information to be given.\n(3) The permission:\n(a) must name the person who may provide the information; and\n(b) must name the person to whom the information may be\nprovided; and\n(c) must state the information that may be provided; and\n(d) may state how the information may be provided.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Disclosure offences","content":"85 Disclosure offences\n(a) a witness identity protection certificate has been given for an\noperative in relation to a proceeding; and\n(b) the certificate has not been cancelled under section 83.\n(2) A person commits an offence if:\n(b) the information reveals or may reveal the operative's identity\nor where the operative lives; and\n(c) the disclosure:\n(i) is not authorised by leave or an order under section 81;\nand\n(ii) is not permitted under section 84.\n(3) Strict liability applies to subsection (2)(a) and (c).\n\nPolice (Special Investigative and Other Powers) Act 2015 58\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant has a reasonable excuse.\n(5) A person commits an offence if:\n(b) the information reveals or may reveal the operative's identity\nor where the operative lives; and\n(c) the disclosure:\n(i) is not authorised by leave or an order under section 81;\nand\n(ii) is not permitted under section 84.\n(6) Strict liability applies to subsection (5)(c).\n(7) A person commits an offence against this subsection if:\n(b) the conduct would constitute an offence against subsection (2)\nor (5); and\n(ii) prejudices the effective conduct of an investigation.\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Report about witness identity protection certificate","content":"86 Report about witness identity protection certificate\n(1) As soon as practicable after the end of each financial year, the chief\nofficer of a law enforcement agency must provide a report to the\nMinister about witness identity protection certificates given by the\nchief officer during that year.\n(2) The report must include the following:\n(a) the number of witness identity protection certificates given;\n(b) on what basis the chief officer was satisfied about the matters\nmentioned in section 76(1)(b) for each certificate;\n\nPolice (Special Investigative and Other Powers) Act 2015 59\n(c) if leave was given or an order made under section 81 in a\nproceeding in which a witness identity protection certificate for\nan operative of the agency was filed – details of the\nproceeding that relate to the leave or order;\n(d) if a witness identity protection certificate was cancelled under\nsection 83 – the reasons why the certificate was cancelled;\n(e) if a permission was given under section 84 – the reasons why\nthe permission was given;\n(f) any other information relating to witness identity protection\ncertificates and the administration of this Part that the Minister\nconsiders appropriate.\n(3) A report must not include information that discloses, or may lead to\nthe disclosure of, an operative's identity, or where the operative\nlives, unless the witness identity protection certificate for the\noperative has been cancelled.\n(4) The Minister must table the report in the Legislative Assembly\nwithin 15 sitting days after the Minister receives it.\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Definitions","content":"87 Definitions\nIn this Division:\nprotected identity, of a protected person, means:\n(a) for a proceeding in which the protected person is or may be\nrequired to give evidence under the person's new identity –\nthe person's previous identity; or\n(b) for a proceeding in which the protected person is or may be\nrequired to give evidence under the person's previous\nidentity – the person's new identity.\nprotected person means a person who, having been given a new\nidentity under the TWPP, keeps that identity whether or not the\nperson remains a participant in the program.\nTWPP means the Territory witness protection program established\nand maintained under section 5 of the Witness Protection (Northern\nTerritory) Act 2002.\n\nPolice (Special Investigative and Other Powers) Act 2015 60\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Non-disclosure certificates","content":"88 Non-disclosure certificates\n(1) If a protected person is or may be required to give evidence in a\nproceeding in a court, whether under the person's new identity or\nprevious identity, the person must notify the chief officer of the law\nenforcement agency responsible for the TWPP that the person is,\nor may be, required to give evidence in the proceeding.\n(2) The chief officer must give a certificate (a non-disclosure\ncertificate) for the protected person in relation to the proceeding,\nand file a copy with the court.\n(3) A protected person commits an offence if:\n(a) the person knows that the person may be required to give\nevidence in a proceeding in a court; and\n(b) the person fails to notify the chief officer under subsection (1).\nMaximum penalty: 50 penalty units.\n(4) In this section:\ncourt means a court (as defined in section 73):\n(a) of the Territory; or\n(b) of another jurisdiction.\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"What non-disclosure certificate must state","content":"89 What non-disclosure certificate must state\n(1) A non-disclosure certificate for a protected person must state:\n(a) that the person is, or has been, included in the TWPP; and\n(b) that the person has been given a new identity under the\nWitness Protection (Northern Territory) Act 2002; and\n(c) that the person has not been convicted or found guilty of any\noffence other than an offence mentioned in the certificate.\n(2) The non-disclosure certificate must not include information that\ndiscloses, or may lead to the disclosure of, the person's protected\nidentity or where the person lives.\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Effect of non-disclosure certificate","content":"90 Effect of non-disclosure certificate\n(1) This section applies if a non-disclosure certificate for a protected\nperson in relation to a proceeding is filed in a court in the Territory.\n\nPolice (Special Investigative and Other Powers) Act 2015 61\n(2) In the proceeding:\n(a) a question must not be asked of a witness, including the\nprotected person, that may lead to the disclosure of the\nperson lives; and\n(b) a witness, including the protected person, cannot be required\nto (and must not) answer a question, give evidence or provide\nperson lives; and\n(c) a person involved in the proceeding must not make a\nstatement that discloses, or may lead to the disclosure of, the\nperson lives.\n(3) The court may disclose to each party to the proceeding:\n(a) that the court has been given a non-disclosure certificate for a\nperson who may be required to give evidence in the\nproceeding; and\n(b) what the certificate states.\n(4) The court may only disclose what the non-disclosure certificate\nstates in the absence of the jury and the public.\n(5) If the court makes a disclosure about the non-disclosure certificate\nunder subsection (3), the court must also inform the parties of the\neffect of the certificate.\n(6) This section applies despite any other Act, but subject to\nsection 91.\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Disclosure of protected person's identity despite certificate","content":"91 Disclosure of protected person's identity despite certificate\n(1) This section applies if a non-disclosure certificate for a protected\nperson in relation to a proceeding is filed in a court in the Territory.\n(2) A party to the proceeding, or a lawyer assisting the court in the\nproceeding, may apply to the court:\n(a) for leave:\n(i) to ask a question of a witness, including the protected\nperson, that may lead to the disclosure of the protected\nperson's protected identity or where the protected\nperson lives; or\n\nPolice (Special Investigative and Other Powers) Act 2015 62\n(ii) for a person involved in the proceeding to make a\nstatement that discloses, or may lead to the disclosure\nof, the protected person's protected identity or where the\nprotected person lives; or\n(b) for an order requiring a witness, including the protected\nperson, to answer a question, give evidence or provide\nperson lives.\n(3) The court may:\n(a) if an application is made under subsection (2)(a) – give leave\nfor the party or lawyer to do anything mentioned in that\nsubsection; or\n(b) if an application is made under subsection (2)(b) – make an\norder requiring a witness to do anything mentioned in that\nsubsection.\n(4) However, the court must not give leave or make an order unless\nsatisfied about each of the following:\n(a) there is evidence that, if accepted, would substantially call into\nquestion the protected person's credibility;\n(b) it would be impractical to test properly the credibility of the\nprotected person without allowing the risk of disclosure of, or\ndisclosing, the protected person's protected identity or where\nthe protected person lives;\n(c) it is in the interests of justice for the protected person's\ncredibility to be able to be tested.\n(5) If there is a jury in the proceeding, the application must be heard in\nthe absence of the jury.\n(6) Unless the court considers that the interests of justice require\notherwise, the court must be closed when:\n\nPolice (Special Investigative and Other Powers) Act 2015 63\n(7) The court must make an order suppressing the publication of\nanything said when:\n(8) Subsection (7) does not prevent the taking of a transcript of court\nproceedings, but the court may make an order for how the\ntranscript is to be dealt with, including an order suppressing its\npublication.\n(9) The court may make any other order it considers appropriate to\nprotect the protected person's protected identity or to prevent the\ndisclosure of where the protected person lives.\n(10) A person commits an offence if:\nsubsection (7), (8) or (9).\n(11) Subsection (10) does not limit the court's power to punish for\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Recognition of witness identity protection certificates under","content":"92 Recognition of witness identity protection certificates under\ncorresponding laws\ncorresponding witness identity protection certificate as if it were a\nwitness identity protection certificate given under section 76:\n(a) section 78 (Filing and notification);\n(b) section 79 (Effect of witness identity protection certificate);\n(c) section 80 (Orders to protect operative's identity etc.);\n(d) section 81 (Disclosure of operative's identity etc. despite\ncertificate);\n(e) section 82 (Directions to jury);\n\nPolice (Special Investigative and Other Powers) Act 2015 64\n(f) section 85 (Disclosure offences).\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Recognition of non-disclosure certificates under","content":"93 Recognition of non-disclosure certificates under\ncorresponding laws\ncorresponding non-disclosure certificate that is filed with a court in\nthe Territory as if it were a non-disclosure certificate given under\nsection 88(2):\n(a) section 90 (Effect of non-disclosure certificate);\n(b) section 91 (Disclosure of protected person's identity despite\ncertificate).\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Confidentiality","content":"94 Confidentiality\n(a) the person obtains information in the course of carrying out\nfunctions connected with the administration of this Act; and\n(b) the person engages in conduct that results in the disclosure of\nthe information.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the person is authorised by law to disclose the information.\n(3) Without limiting subsection (2)(b), a person is authorised to disclose\ninformation in either of the following circumstances:\n(a) for the purpose of reporting to an appropriate authority any\ncriminal activity that is outside the scope of an authority\ngranted in respect of an authorised operation;\n\nPolice (Special Investigative and Other Powers) Act 2015 65\n(b) the disclosure is to a government agency for the purposes of a\nlaw enforcement operation conducted by that agency, or for\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Delegation – chief officers other than ICAC","content":"95 Delegation – chief officers other than ICAC\n(1AA) This section (other than this subsection) does not apply to the\nICAC.\n(1) Except as provided by this section (and despite any other Act or law\nto the contrary) the functions of a chief officer under this Act may\nnot be delegated to any other person.\n(2) The power of delegation under this section cannot be delegated.\n(3) A chief officer of a law enforcement agency may delegate any of\nthe chief officer's functions under Part 2 relating to the authorisation\nof controlled operations (including the variation and cancellation of\ncontrolled operations and notifications under section 26(2)) to the\nfollowing senior law enforcement officers of the law enforcement\nagency (senior officers):\nacting as:\n(i) a Deputy Commissioner of Police; or\n(ii) an Assistant Commissioner of Police;\n(4) A chief officer of a law enforcement agency may delegate any of\nthe chief officer's functions under Part 3 relating to the granting,\nvariation and cancellation of authorities (including conducting\nreviews under section 45, making applications under section 46\nor 48, or making requests under section 50 or 62) to the following\nsenior officers:\nacting as:\n(i) a Deputy Commissioner of Police; or\n\nPolice (Special Investigative and Other Powers) Act 2015 66\n(ii) an Assistant Commissioner of Police;\n(5) No more than 4 delegations may be in force under subsection (4) at\nany one time for any one law enforcement agency.\n(6) A chief officer of a law enforcement agency may delegate any of\nthe chief officer's functions under Part 4 to the following senior\nofficers:\nacting as a Deputy Commissioner of Police;\n(7) In this section:\nmember of the core staff of the ACC means a member of the\nstaff of the ACC mentioned in section 47(1) of the Australian Crime\nCommission Act 2002 (Cth).\nSES employee, see section 34 of the Public Service Act 1999\n(Cth).\n","sortOrder":98},{"sectionNumber":"95A","sectionType":"section","heading":"Delegation – ICAC","content":"95A Delegation – ICAC\n(1) The ICAC may delegate any of the ICAC's powers or functions as\nchief officer under this Act (other than this power of delegation) to a\nmember of ICAC staff who would be an eligible person to be\nappointed as the ICAC in accordance with section 111 of the\nICAC Act.\n(2) No more than one delegation may be in force under subsection (1)\nat any one time.\n\nPolice (Special Investigative and Other Powers) Act 2015 67\n(3) In this section:\nmember of ICAC staff, see section 4 of the ICAC Act.\n","sortOrder":99},{"sectionNumber":"96","sectionType":"section","heading":"Regulations","content":"96 Regulations\nThe Administrator may make regulations under this Act.\n\nPolice (Special Investigative and Other Powers) Act 2015 68\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPolice (Special Investigative and Other Powers) Act 2015 (Act No. 4, 2015)\nAssent date 25 March 2015\nCommenced 1 July 2015 (Gaz G23, 10 June 2015, p 1)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nIndependent Commissioner Against Corruption (Consequential and Related\nAmendments) Act 2018 (Act No. 3, 2018)\nAssent date 21 February 2018\nCommenced 30 November 2018 (s 2, s 2 Independent Commissioner\nAgainst Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,\n30 November 2018)\nPolice Legislation Amendment Act 2023 (Act No. 2, 2023)\nAssent date 2 March 2023\nCommenced pts 1 and 3: 3 March 2023 (s 2(1)); rem: nc\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 39, 46, 47, 56, 73, 77,\n87 and 89.\n\nPolice (Special Investigative and Other Powers) Act 2015 69\n4 LIST OF AMENDMENTS\ns 3 amd No. 3, 2018, s 26\ns 11 amd No. 3, 2018, s 27\ns 11A ins No. 3, 2018, s 28\ns 12 amd No. 3, 2018, s 29\ns 19 amd No. 3, 2018, s 30\ns 22 amd No. 3, 2018, s 31\ns 30 amd No. 3, 2018, s 32\ns 31 amd No. 3, 2018, s 33\ns 33 amd No. 3, 2018, s 34\ns 34 amd No. 3, 2018, s 35\ns 49 amd No. 8, 2016, s 45\ns 71 amd No. 3, 2018, s 36\ns 71A ins No. 3, 2018, s 37\ns 77 amd No. 8, 2016, s 45\ns 95 amd No. 3, 2018, s 38; No. 2, 2023, s 13\ns 95A ins No. 3, 2018, s 39\npt 6 hdg exp No. 4, 2015, s 99\nss 97 – 99 exp No. 4, 2015, s 99","sortOrder":100}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":885},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original police-focused scope. The 2018 amendments (Independent Commissioner Against Corruption (Consequential and Related Amendments) Act 2018) inserted ICAC throughout as a third law enforcement agency with equivalent but distinct powers. This transformed the Act from a police special powers statute into a broader framework covering corruption investigations, with ICAC-specific provisions for controlled operations targeting 'relevant improper conduct' (not just criminal offences), separate delegation rules (s 95A), and distinct oversight by the Inspector rather than the Ombudsman. The 2023 amendments continued this expansion with further ICAC-related modifications."},"complexity_factors":["47 defined terms in section 3 alone, with additional Part-specific definitions","Extensive cross-referencing between Parts and with other NT and Commonwealth legislation (ICAC Act, Witness Protection Act, Australian Crime Commission Act, Crimes Act 1914)","Nested conditional logic: protections apply only if conduct is 'in accordance with authority' AND meets multiple qualifying conditions (sections 20, 21, 58, 59)","Multiple parallel frameworks for different agencies (Police, ACC, ICAC) with slightly different rules — e.g., ICAC has separate delegation provisions (s 95A) and audit arrangements (s 71A)","Retrospective authority provisions (s 19) with 7 specific statutory conditions that must all be satisfied","Urgent vs formal application pathways with different time limits, documentation requirements, and validity periods","Mutual recognition provisions applying other jurisdictions' laws as if they were NT laws (ss 27, 66, 92, 93)","Strict liability offences with 'reasonable excuse' defences creating layered criminal liability (ss 28, 68, 85)","Court order provisions for assumed identity birth registrations with closed hearings and publication bans (ss 46-49)","Amendment history showing scope expansion — originally police-focused, expanded in 2018 to include ICAC corruption investigations"],"plain_english_summary":"This Northern Territory law gives police and other law enforcement agencies special powers to fight serious crime through three main tools:\n\n**1. Controlled Operations (Part 2)**\nPolice can run undercover operations where officers (and sometimes civilians) are allowed to break certain laws to catch criminals. For example, an officer might buy illegal drugs as part of a sting operation. To do this, the chief of the agency must first approve a formal \"authority\" that sets out what laws can be broken, by whom, and for how long (up to 6 months, or 7 days for urgent cases). The law protects participants from being charged for these authorised crimes and gives them legal protection if they get sued. There are strict limits — no one can be authorised to kill, seriously harm someone, or commit sexual offences. The Independent Commissioner Against Corruption (ICAC) can also run these operations to investigate corruption.\n\n**2. Assumed Identities (Part 3)**\nPolice and certain civilians can get fake identities (like fake driver's licences or birth certificates) to go undercover. A senior officer must approve this, and the fake identity can even be registered with Births, Deaths and Marriages through a secret court order. Using these identities illegally is a crime punishable by up to 2 years in prison.\n\n**3. Witness Identity Protection (Part 4)**\nWhen undercover officers or protected witnesses give evidence in court, their real names and addresses can be kept secret through special certificates. Courts can order that they testify using code names, and it's illegal to reveal their identity. However, if a defendant's lawyer can show it's essential to test the witness's credibility, the court may allow limited disclosure in closed hearings.\n\n**Who it affects:** Police, the Australian Crime Commission, the ICAC, and sometimes civilian informants. Also affects anyone accused of crime where undercover evidence is used, and third parties whose property is damaged during operations (they can claim compensation).\n\n**Why it matters:** This law balances giving police powerful tools to investigate serious crime (carrying 3+ year sentences) against safeguards — oversight by the Ombudsman or ICAC Inspector, mandatory reporting, and strict limits on what can be authorised."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been amended since enactment to incorporate functions and references to the Independent Commissioner Against Corruption (ICAC) and to refine territorial limits and oversight. Notable insertions and amendments in the text include a territorial limitation on certain improper‑conduct operations (s11A), expanded delegation provisions (ss95, 95A) and separate audit/reporting provisions (s71A). The endnotes list legislative amendments (eg 2016, 2018, 2023) that altered who and what the Act covers and the oversight framework."},"complexity_factors":["Multi‑part structure covering controlled operations, assumed identities and witness protection with interlocking rules","Multiple authorisation pathways (formal, urgent, retrospective) and strict statutory preconditions for grant/variation (see ss10–19, 19, 14)","Detailed liability adjustments: criminal immunity, indemnities and exclusions with qualifications (see ss20–21, 58–59, 60)","Cross‑jurisdictional mutual recognition and requests to/from issuing agencies in participating jurisdictions (see ss27, 62–66)","Extensive secrecy, disclosure and publication offences with strict liability and tiered penalties (see ss28, 68, 85, 94)","Prescribed reporting, record‑keeping, registers, audits and inspections imposing compliance burdens (see ss29–33, 69–71A, 34)","Judicial processes for creating/cancelling identity records in closed court and limits on publication (see ss46–49)","Significant administrative discretion vested in chief officers and delegated senior officers plus non‑reviewability of certain decisions (see ss11, 41, 76, 95–95A)"],"plain_english_summary":"This Act authorises three exceptional law‑enforcement tools: controlled covert operations, the lawful acquisition and use of assumed identities, and court‑protected witness‑identity arrangements. It creates criminal‑liability carve‑outs, indemnities, secrecy offences, reporting and record‑keeping duties, and oversight mechanisms to govern their use.\n\nIt primarily affects law‑enforcement agencies, officers and civilian participants, issuing agencies (eg registrars), courts and suspects. Chief officers decide grants/variations/cancellations; the Territory bears indemnity and compensation costs for authorised activity (see ss11–21, 25, 41–59)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"14(1)(a), 14(11) and 15(d), (f)","severity":"medium","reasoning":"Section 14(1)(a) permits a variation on the chief officer’s own initiative. Section 14(11)(b) nevertheless requires a document complying with section 15 to be given to ‘the applicant’. Sections 15(d) and 15(f) require that document to describe ‘the application’ and the purposes for which it was made. An own-initiative variation has no application or applicant to identify.","confidence":0.98,"description":"An authority may be varied on the chief officer’s own initiative, but the mandatory variation documentation assumes an application and an applicant.","source_quotes":["at any time on the chief officer's own initiative; or","must, as soon as practicable, prepare and give to the\napplicant a document that complies with section 15.","state whether the application was a formal variation\napplication or an urgent variation application; and\n(e) state the date and time when the authority is to be or was\nvaried; and\n(f) describe the variation having regard to the purposes\nmentioned in section 14(3) for which the application was\nmade."]}],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/police-special-investigative-and-other-powers-act-2015","history":"/api/acts/police-special-investigative-and-other-powers-act-2015/history","analysis":"/api/acts/police-special-investigative-and-other-powers-act-2015/analysis","conflicts":"/api/acts/police-special-investigative-and-other-powers-act-2015/conflicts","importantCases":"/api/acts/police-special-investigative-and-other-powers-act-2015/important-cases","documents":"/api/acts/police-special-investigative-and-other-powers-act-2015/documents"}}