QLDIn ForceAct
Crime and Corruption Act 2001
sec.146TDeciding application
Start here
Get a plain-English read of sec.146T
Turn the raw legal text into a practical explanation grounded in Crime and Corruption Act 2001.
### sec.146T Deciding application
After considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 146S (4) , the chairperson—
may grant an authority to acquire or use the assumed identity, with or without conditions; or
may refuse the application.
The chairperson must not grant an authority to acquire or use an assumed identity unless the chairperson is satisfied on reasonable grounds of all of the following—
the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to a corruption offence;
the risk of abuse of the assumed identity by the authorised person under the authority is minimal;
if the application is for authorisation of an assumed identity for a person who is not a commission officer—it would be impossible or impracticable in the circumstances for a commission officer to acquire or use the assumed identity for the purpose sought.
If an authority is granted for an authorised civilian, the chairperson must appoint an authorised commission officer to supervise the acquisition or use of the assumed identity by the authorised civilian.
An authority may also authorise—
an application to the independent member for a birth certificate approval; or
a request under section 146ZB .
A separate authority is required for each assumed identity.
s 146T ins 2006 No. 26 s 92
amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)
(sec.146T-ssec.1) After considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 146S (4) , the chairperson— may grant an authority to acquire or use the assumed identity, with or without conditions; or may refuse the application.
(sec.146T-ssec.2) The chairperson must not grant an authority to acquire or use an assumed identity unless the chairperson is satisfied on reasonable grounds of all of the following— the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to a corruption offence; the risk of abuse of the assumed identity by the authorised person under the authority is minimal; if the application is for authorisation of an assumed identity for a person who is not a commission officer—it would be impossible or impracticable in the circumstances for a commission officer to acquire or use the assumed identity for the purpose sought.
(sec.146T-ssec.3) If an authority is granted for an authorised civilian, the chairperson must appoint an authorised commission officer to supervise the acquisition or use of the assumed identity by the authorised civilian.
(sec.146T-ssec.4) An authority may also authorise— an application to the independent member for a birth certificate approval; or a request under section 146ZB .
(sec.146T-ssec.5) A separate authority is required for each assumed identity.
- (a) may grant an authority to acquire or use the assumed identity, with or without conditions; or
- (b) may refuse the application.
- (a) the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to a corruption offence;
- (b) the risk of abuse of the assumed identity by the authorised person under the authority is minimal;
- (c) if the application is for authorisation of an assumed identity for a person who is not a commission officer—it would be impossible or impracticable in the circumstances for a commission officer to acquire or use the assumed identity for the purpose sought.
- (a) an application to the independent member for a birth certificate approval; or
- (b) a request under section 146ZB .