(b) on application, in writing, by the responsible staff member for the operation.
(2) A variation may extend, or further extend, the period of effect of the authority for up to 12 months, but not so that the period of effect ends more than 24 months after the authority was granted.
(3) As soon as practicable after varying an integrity testing authority for an integrity testing operation, the authorising officer must give a copy of the variation to:
(a) the responsible staff member for the operation; and
(b) the National Anti‑Corruption Commissioner (unless the authorising officer is an officer of the National Anti‑Corruption Commission).
Note: If the variation has the effect of changing the responsible staff member, the authorising officer would be required to give a copy of the variation to the new responsible staff member.
(4) Subsection 33(3) of the Acts Interpretation Act 1901 applies in relation to the variation of the authority, subject to this Act.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 has the effect that the power to grant an instrument (such as an integrity testing authority) includes the power to vary the instrument in the like manner and subject to the like conditions.
(5) A variation is not a legislative instrument.
15JL Integrity testing authorities—cancellation
(1) An appropriate authorising officer for an integrity testing operation may, by order in writing given to the responsible staff member for the operation, cancel the authority at any time and for any reason.
(2) The reasons for cancelling an integrity testing authority under subsection (1) include (but are not limited to) cancellation at the request of the responsible staff member.
(3) Cancellation of an integrity testing authority takes effect at the time the order is made or at a later time stated in the order.
15JM Integrity testing authorities—defects
An application for an integrity testing authority or for the variation of an authority, and any integrity testing authority or variation granted on the basis of such an application, is not invalidated by any defect, other than a defect that affects the application, authority or variation in a material particular.
Division 3—Integrity testing operations: protection of participants
(1) Subject to subsection (2), an integrity testing authority for an integrity testing operation authorises each person identified in the authority as a participant to take part in the operation, subject to any conditions set out in the authority.
Note: Paragraphs 15JH(1)(d) and (e) require participants to be identified, and the nature of the operation to be described, in the authority. Subsection 15JH(2), however, allows for participants to be identified in the authority by an assumed identity, or by code.
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(2) A participant is authorised to take part in the integrity testing operation for the period of effect of the authority, unless:
(a) the authority states (or is varied to state) a shorter period during which the person is so authorised; or
(b) the authority is varied to provide that the person is no longer so authorised; or
(c) the authority is cancelled before the end of that period.
(3) An integrity testing authority does not authorise a participant identified in the authority to delegate participation to another person.
15JO Integrity testing operations—indemnity against civil liability
The Commonwealth must indemnify a participant in an integrity testing operation that is authorised by an integrity testing authority against any civil liability (including reasonable costs) the participant incurs because of conduct the participant engages in if:
(a) the participant engages in the conduct in the course of, and for the purposes of, the operation in accordance with the authority; and
(b) the participant is identified in the authority; and
(c) the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or a State offence that the person would not otherwise have intended to commit; and
(d) the conduct does not involve the participant engaging in any conduct that is likely to:
(i) cause the death of, or serious injury to, any person; or
(ii) involve the commission of a sexual offence against any person; and
(e) if the participant is a civilian participant in the operation—he or she acts in accordance with the instructions of a law enforcement participant in the operation; and
(f) the requirements (if any) prescribed by regulation have been met.
15JP Integrity testing operations—participants unaware of variation or cancellation of authority
(1) If an integrity testing authority for an integrity testing operation is varied in a way that limits the scope of the operation, this Part continues to apply to a participant in the operation as if the authority had not been varied in that way, for so long as the participant:
(a) is unaware of the variation; and
(b) is not reckless about the existence of the variation.
(2) If an integrity testing authority to conduct an integrity testing operation is cancelled, this Part continues to apply to a person who was a participant in the operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person:
(a) is unaware of the cancellation; and
(b) is not reckless about the existence of the cancellation.
(3) For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an integrity testing authority if:
(a) the person is aware of a substantial risk that the variation or cancellation has happened; and
(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.
Division 4—Integrity testing operations: disclosure of information
15JQ Integrity testing operations—disclosure
Disclosure—offence
(1) A person commits an offence if:
(a) the person discloses information; and
(b) the information relates to an integrity testing operation.
Penalty: Imprisonment for 2 years.
Exception—authorised disclosure
(2) Subsection (1) does not apply if the disclosure was:
(a) in connection with the administration or execution of this Part; or
(b) for the purposes of obtaining legal advice in relation to the integrity testing operation; or
(c) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, the integrity testing operation; or
(d) in connection with the administration or execution of the National Anti‑Corruption Commission Act 2022; or
(e) to an authority of the Commonwealth, a State or a Territory, if the disclosure relates to the misconduct of an employee or officer of the authority; or
(f) in accordance with any requirement imposed by law; or
(g) in connection with the performance of functions or duties, or the exercise of powers, of the target agency in relation to which the operation was conducted.
Exception—corruption issue or misconduct
(3) Subsection (1) does not apply if:
(a) the person (the discloser) discloses the information to the National Anti‑Corruption Commissioner; and
(b) the discloser informs the person to whom the disclosure is made of the discloser’s identity before making the disclosure; and
(c) the information concerns a corruption issue, or misconduct, in relation to an integrity testing operation; and
(d) the discloser considers that the information may assist the National Anti‑Corruption Commissioner to perform the Commissioner’s functions or duties; and
(e) the discloser makes the disclosure in good faith.
Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3)—see subsection 13.3(3) of the Criminal Code.
15JR Integrity testing operations—disclosure endangering safety etc.
Offence—disclosure endangering safety etc.
(1) A person commits an offence if:
(a) the person discloses information; and
(b) the information relates to an integrity testing operation; and
(c) either:
(i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation; or
(ii) the disclosure of the information will endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation.
Penalty: Imprisonment for 10 years.
Exceptions—authorised disclosure
(2) Subsection (1) does not apply if the disclosure was:
(a) in connection with the administration or execution of this Part; or
(b) for the purposes of obtaining legal advice in relation to the integrity testing operation; or
(c) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, the integrity testing operation; or
(d) in connection with the administration or execution of the National Anti‑Corruption Commission Act 2022; or
(e) a disclosure to an authority of the Commonwealth, a State or a Territory; or
(f) in accordance with any requirement imposed by law; or
(g) in connection with the performance of functions or duties, or the exercise of powers, of the target agency in relation to which the operation was conducted.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2)—see subsection 13.3(3) of the Criminal Code.
Exception—corruption issue or misconduct
(3) Subsection (1) does not apply if:
(a) the person (the discloser) discloses the information to the National Anti‑Corruption Commissioner; and
(b) the discloser informs the person to whom the disclosure is made of the discloser’s identity before making the disclosure; and
(c) the information concerns a corruption issue, or misconduct, in relation to an integrity testing operation; and
(d) the discloser considers that the information may assist the National Anti‑Corruption Commissioner to perform the Commissioner’s functions or duties; and
(e) the discloser makes the disclosure in good faith.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3)—see subsection 13.3(3) of the Criminal Code.
(1) As soon as practicable after 30 June in each year, the chief officer of each integrity testing agency must submit a report to the Law Enforcement Minister setting out the details required by subsection (2) in relation to integrity testing operations authorised by an authorising officer of the agency during the previous 12 months.
(2) The details to be set out in the report are as follows:
(a) the number of integrity testing authorities granted by authorising officers of the agency;
(b) the nature of the suspected criminal activity in relation to which each authority was given;
(c) the period of effect of each authority (including any extension of the period granted by variation);
(d) if an authority was cancelled—the reasons for cancellation.
(3) A report must not disclose any information that identifies any person involved in an integrity testing operation or that is likely to lead to such a person being identified.
(4) Nothing in this section requires particulars of an integrity testing operation to be included in a report for a year if the operation had not been completed as at 30 June in that year, but the particulars must instead be included in the report for the year in which the operation is completed.
(5) In this section:
chief officer, of an integrity testing agency, means:
(a) for the ACC—the Chief Executive Officer of the ACC; or
(b) for the Australian Federal Police—the Commissioner; or
(c) for the Immigration and Border Protection Department—the Secretary of that Department; or
(d) for the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner.
Law Enforcement Minister means the Minister responsible for the administration of the National Anti‑Corruption Commission Act 2022.
Division 6—Integrity testing operations: evidence
15JT Evidence of integrity testing authorities
A document purporting to be an integrity testing authority:
(a) is admissible in any legal proceedings; and
(b) in the absence of evidence to the contrary, is proof in any proceedings (not being criminal or disciplinary proceedings against a law enforcement officer) that the person granting the authority was satisfied of the facts he or she was required to be satisfied of to grant the authority.
Part IAC—Assumed Identities
Division 1—Preliminary
15K Definitions
In this Part:
acquire an assumed identity, means acquire evidence of the assumed identity and includes taking steps towards acquiring evidence of the identity.
agency means one or more of the following:
(a) an issuing agency;
(b) an intelligence agency;
(c) a law enforcement agency.
authorised civilian means a person who is authorised under an authority to acquire or use an assumed identity, but does not include an officer of an intelligence agency, an officer of a law enforcement agency, or a foreign officer.
authorised foreign officer means a foreign officer who is authorised under an authority to acquire or use an assumed identity.
authorised intelligence officer means an intelligence officer who is authorised under an authority to acquire or use an assumed identity.
authorised law enforcement officer means a law enforcement officer who is authorised under an authority to acquire or use an assumed identity.
authorised person means:
(a) an authorised civilian; and
(b) an authorised intelligence officer; and
(c) an authorised law enforcement officer; and
(d) an authorised foreign officer.
authority means an authority granted under section 15KB to acquire and use an assumed identity, including the authority as varied under section 15KE.
chief officer:
(a) of an intelligence agency—means the following:
(i) in relation to the Australian Security Intelligence Organisation—the Director‑General of Security;
(ii) in relation to the Australian Secret Intelligence Service—the Director‑General of Australian Secret Intelligence Service;
(iii) in relation to the Office of National Intelligence—the Director‑General of National Intelligence;
(iv) in relation to the Australian Signals Directorate—the Director‑General of the Australian Signals Directorate; and
(b) of an issuing agency—means the chief executive officer (however described) of the agency; and
(c) of a law enforcement agency—means the following:
(i) in relation to the Australian Federal Police—the Commissioner of the Australian Federal Police;
(ii) in relation to the Immigration and Border Protection Department—the Secretary of that Department;
(iii) in relation to the ACC—the Chief Executive Officer of the ACC;
(iv) in relation to the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner;
(v) in relation to the Australian Taxation Office—the Commissioner of Taxation;
(vi) in relation to a Commonwealth agency specified in the regulations for the purposes of the definition of law enforcement agency—the officer specified in the regulations as the chief officer of that agency.
Commonwealth agency means:
(a) the Commonwealth; or
(b) an authority of the Commonwealth.
Commonwealth government issuing agency means a Commonwealth agency that issues evidence of identity and that is named in an authority.
conduct includes any act or omission.
corresponding assumed identity law means:
(a) a law of a State or Territory; or
(b) a provision or provisions of a law of a State or Territory;
prescribed by the regulations for the purposes of this definition.
corresponding authority means:
(a) an authority under a corresponding assumed identity law to acquire or use an assumed identity; or
(b) an authority under a corresponding assumed identity law to request the production of evidence of an assumed identity from a Commonwealth government issuing agency.
doing a thing, includes failing to do the thing.
evidence of identity, means a document or other thing (such as a driver’s licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person’s identity or any aspect of a person’s identity.
foreign officer means an officer, however described, of an agency that has responsibility for:
(a) law enforcement in a foreign country; or
(b) intelligence gathering for a foreign country; or
(c) security of a foreign country.
intelligence agency means:
(a) the Australian Security Intelligence Organisation; or
(b) the Australian Secret Intelligence Service; or
(c) the Office of National Intelligence; or
(d) the Australian Signals Directorate.
intelligence officer means:
(a) for an intelligence agency other than the Office of National Intelligence—a person who is a staff member (within the meaning of the Intelligence Services Act 2001) of the agency; and
(b) for the Office of National Intelligence—a staff member (within the meaning of the Office of National Intelligence Act 2018) of the Office of National Intelligence;
and includes a person who is seconded to an intelligence agency.
issuing agency means:
(a) a Commonwealth government issuing agency; or
(b) a non‑Commonwealth government issuing agency.
jurisdiction means the Commonwealth or a State or Territory of the Commonwealth.
law enforcement agency means the following agencies:
(a) the Australian Federal Police;
(b) the Immigration and Border Protection Department;
(c) the ACC;
(d) the National Anti‑Corruption Commission;
(e) the Australian Taxation Office;
(f) any other Commonwealth agency specified in the regulations.