(a) in relation to the Australian Federal Police—the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); and
(b) in relation to the Immigration and Border Protection Department—an officer of Customs; and
(c) in relation to the ACC—a member of the staff of the ACC; and
(d) in relation to the National Anti‑Corruption Commission—a staff member of the NACC; and
(e) in relation to the Australian Taxation Office—a person engaged under the Public Service Act 1999 and performing duties in the Australian Taxation Office; and
(f) in relation to a Commonwealth agency specified in the regulations for the purposes of the definition of law enforcement agency—an officer specified in the regulations as an officer of the agency;
and includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service or a police officer (however described) of another jurisdiction.
National Witness Protection Program means the program by that name established by the Witness Protection Act 1994.
non‑Commonwealth government issuing agency means a person, body or entity (other than a Commonwealth government issuing agency) that issues evidence of identity and that is named in an authority.
officer of an agency, includes a person employed or engaged in the agency.
originating agency:
(a) in relation to the transfer of an authority under subsection 15KV(1)—has the meaning given by that subsection; and
(b) in relation to the transfer of an authority under subsection 15KV(2)—has the meaning given by that subsection.
participating jurisdiction means a jurisdiction in which a corresponding assumed identity law is in force.
receiving agency:
(a) in relation to the transfer of an authority under subsection 15KV(1)—has the meaning given by that subsection; and
(b) in relation to the transfer of an authority under subsection 15KV(2)—has the meaning given by that subsection.
supervisor of an authorised civilian means the law enforcement officer or the intelligence officer who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian.
use an assumed identity, includes representing (whether expressly or impliedly, or by saying or doing something) the assumed identity to be real when it is not.
Division 2—Authority for Assumed Identity
15KA Application for authority to acquire or use assumed identity
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(1) A law enforcement officer of a law enforcement agency may apply to the chief officer mentioned in subsection (2) for an authority for the officer or any other person to do either or both of the following:
(a) acquire an assumed identity;
(b) use an assumed identity.
(2) An application by a law enforcement officer of a law enforcement agency under subsection (1) is to be made to:
(a) if the person who is to acquire or use the assumed identity is a foreign officer, or the assumed identity is to be used in a foreign country:
(i) if the applicant is a member of the staff of the ACC—the chief officer of the ACC; or
(ii) in any other case—the chief officer of the Australian Federal Police; or
(b) in any other case—the chief officer of the law enforcement agency.
(3) An intelligence officer of an intelligence agency may apply to the chief officer of the agency for an authority for the officer or any other person (including a foreign officer) to do either or both of the following:
(a) acquire an assumed identity;
(b) use an assumed identity.
(3A) An application may only be made under subsection (3) by an intelligence officer of the Office of National Intelligence (ONI) for the purpose of ONI carrying out its function under paragraph 7(1)(g) of the Office of National Intelligence Act 2018.
(4) A separate application must be made in respect of each assumed identity to be acquired or used.
(5) An application:
(a) must be in writing in the form approved by the chief officer; and
(b) must contain:
(i) the name of the applicant; and
(ii) the name of the person to be authorised to acquire or use an assumed identity (if not the applicant); and
(iii) if the person referred to in subparagraph (ii) is not an officer of either an intelligence agency or a law enforcement agency or a foreign officer—the name and rank or position of the person proposed to be appointed as supervisor and an explanation of why it is necessary for a person who is not an officer to acquire or use the assumed identity; and
(iv) details of the proposed assumed identity; and
(v) reasons for the need to acquire or use an assumed identity; and
(vi) if the assumed identity is necessary for a purpose mentioned in subparagraph 15KB(2)(a)(i) or (ii)—details of the investigation or intelligence‑gathering exercise in which the assumed identity will be used (to the extent known); and
(vii) details of any issuing agencies and the types of evidence to be issued by them; and
(viii) details of any application of a kind referred to in section 15KG (making entries in register of births, deaths or marriages) that is to be made under a corresponding assumed identity law.
(6) The chief officer may require the applicant to give such additional information concerning the application as is necessary for the chief officer’s proper consideration of the application.
Note: The chief officer may delegate functions under this section—see section 15LH.
15KB Determination of applications
(1) After considering an application for an authority to acquire or use an assumed identity, and any additional information under subsection 15KA(6), the chief officer:
(a) may grant an authority to acquire or use the assumed identity, either unconditionally or subject to conditions; or
(b) may refuse the application.
(2) An authority to acquire or use an assumed identity may not be granted unless the chief officer is satisfied on reasonable grounds:
(a) that the assumed identity is necessary for one or more of the following purposes:
(i) investigation of, or intelligence gathering in relation to, criminal activity (whether a particular criminal activity or criminal activity generally);
(ii) the exercise of powers and performance of functions of an intelligence agency;
(iii) the exercise of powers and performance of functions for the purposes of the National Witness Protection Program;
(iv) the training of persons for any of the purposes mentioned in subparagraphs (i) to (iii);
(v) any administrative function in support of any of the purposes mentioned in subparagraphs (i) to (iv); and
(b) that the risk of abuse of the assumed identity by the authorised person is minimal; and
(c) if the application is for authorisation of an assumed identity for a person who is not an officer of either an intelligence agency or a law enforcement agency—that it would be impossible or impracticable in the circumstances for an officer to acquire or use the assumed identity for the purpose sought.
(3) If an authority is granted for an authorised civilian, the chief officer must appoint an officer of the law enforcement agency or the intelligence agency (as the case may be) to supervise the acquisition or use of the assumed identity by the authorised civilian.
(4) The officer appointed as supervisor must be:
(a) in the case of the Australian Federal Police—a person who holds the rank of sergeant or an equivalent or higher rank; or
(b) in the case of the Immigration and Border Protection Department—an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, in that Department; or
(c) in the case of the ACC—a person who holds the position, or performs the duties, of either a senior investigator or of an APS Executive Level 1 position, or an equivalent or higher position, in the ACC; or
(d) in the case of the National Anti‑Corruption Commission—a staff member of the NACC who is authorised in writing by the National Anti‑Corruption Commissioner to act as a supervisor; or
(e) in the case of the Australian Taxation Office—a person who holds the position, or performs the duties, of an APS Executive Level 2 position, or an equivalent or higher position, in the Australian Taxation Office; or
(f) in the case of the Australian Security Intelligence Organisation—a person who holds the position, or performs the duties, of an ASIO Executive Officer Level 1 position, or an equivalent or higher position, in the Australian Security Intelligence Organisation; or
(g) in the case of the Australian Secret Intelligence Service—an intelligence officer of the Australian Secret Intelligence Service who is determined by the Director‑General of the Australian Secret Intelligence Service; or
(h) in the case of the Office of National Intelligence—a person who holds the position, or performs the duties, of an APS Executive Officer Level 1 position, or an equivalent or higher position, in the Office of National Intelligence; or
(i) in the case of the Australian Signals Directorate—a person who holds the position, or performs the duties, of an APS Executive Officer Level 1 position, or an equivalent or higher position, in the Australian Signals Directorate.
(5) An authority may also authorise any one or more of the following:
(a) an application of a kind referred to in section 15KG for an order for an entry in a register of births, deaths or marriages under a corresponding assumed identity law;
(b) a request under section 15KI or 15KX;
(c) the use of an assumed identity in a foreign country.
(6) However, the chief officer of the ACC, the chief officer of the Australian Federal Police or the chief officer of an intelligence agency may only authorise the use of the assumed identity in a foreign country if he or she is satisfied that it is reasonably necessary to do so.
Note: This subsection does not affect any obligation to obtain authority to use the assumed identity in the foreign country.
(7) A separate authority is required for each assumed identity.
Note: The chief officer may delegate functions under this section—see section 15LH.
(8) An authority is not a legislative instrument.
15KC Form of authority
(1) An authority must be:
(a) in writing in the form approved by the chief officer; and
(b) signed by the person granting it.
(2) An authority must state the following:
(a) the name of the person granting the authority;
(b) the date of the authority;
(c) details of the assumed identity authorised;
(d) details of any evidence of the assumed identity that may be acquired under the authority;
(e) the conditions (if any) to which the authority is subject;
(f) why the authority is granted;
(g) if the authority relates to an authorised intelligence officer, an authorised law enforcement officer or a foreign officer—the name of the officer;
(h) if the authority relates to an authorised civilian whose supervisor is a law enforcement officer:
(i) the name of the authorised civilian; and
(ii) the name of his or her supervisor under the authority; and
(iii) the period for which the authority will remain in force, being a period not exceeding 3 months;
(i) if the authority relates to an authorised civilian whose supervisor is an intelligence officer:
(i) the name of the authorised civilian; and
(ii) the name of his or her supervisor under the authority.
(3) The authority must also state the following:
(a) each issuing agency to which a request may be made under section 15KI or 15KX;
(b) whether it authorises an application under a corresponding assumed identity law for an order for an entry in a register of births, deaths or marriages;
(c) whether the assumed identity can be used in a foreign country and the reasons for the need for this use.
Note: The chief officer may delegate functions under this section—see section 15LH.
(4) To avoid doubt, subparagraph (2)(h)(iii) does not prevent the grant of one or more further authorities in relation to an authorised civilian.
15KD Period of authority
(1) An authority for an authorised person (other than an authorised civilian of a kind covered by paragraph 15KC(2)(h)) remains in force until cancelled under section 15KE.
(2) An authority for an authorised civilian of a kind covered by paragraph 15KC(2)(h) remains in force until the end of the period specified in the authority in accordance with subparagraph 15KC(2)(h)(iii), unless the authority is cancelled sooner under section 15KE.
15KE Variation or cancellation of authority
(1) The chief officer of an agency:
(a) may, at any time, vary or cancel an authority that was granted by the chief officer of the agency; and
(b) must cancel the authority if the chief officer is satisfied (on a review under section 15KF or otherwise) that use of the assumed identity is no longer necessary.
Note: Section 15KW modifies the effect of this provision if control of the authority is transferred.
(2) The chief officer must give written notice of the variation or cancellation to:
(a) where practicable, the authorised person to whom it relates; and
(b) if the authorised person is an authorised civilian—the authorised person’s supervisor.
(3) The notice must state why the authority is varied or cancelled.
(4) The variation or cancellation takes effect:
(a) if the written notice is given to the authorised person and the authorised person is not an authorised civilian—on the day the written notice is given to the authorised person or, if a later day is stated in the notice, on the later day; or
(b) if the authorised person is an authorised civilian and the written notice is given to the authorised person’s supervisor—on the day the written notice is given to the authorised person’s supervisor or, if a later day is stated in the notice, on the later day; or
(c) in any other case—on the day stated in the notice.
Note 1: The chief officer may delegate functions under this section—see section 15LH.
Note 2: Despite the variation or cancellation of an authority, a person is, in certain circumstances, protected from prosecution for offences even if the person is unaware of the variation or cancellation—see section 15KU.
(5) A variation of an authority is not a legislative instrument.
15KF Yearly review of authority
(1) The chief officer of an agency must periodically review each authority granted by the chief officer or a delegate of the chief officer under this Part.
(2) A review of an authority under this section is to be conducted:
(a) in the case of an authority granted by the chief officer or a delegate of the chief officer of an intelligence agency to an authorised intelligence officer—at least once every 3 years; or
(b) in all other cases—at least once every 12 months.
Note: Section 15KW modifies the effect of this provision if control of the authority is transferred.
(3) The purpose of a review is to determine whether use of the assumed identity under the authority is still necessary.
(4) If the chief officer is satisfied on a review that use of the assumed identity under the authority is no longer necessary, he or she must cancel the authority under section 15KE.
(5) If the chief officer is satisfied on a review that use of the assumed identity under the authority is still necessary, he or she must record his or her opinion, and the reasons for it, in writing.
Note: The chief officer may delegate functions under this section—see section 15LH.
(6) Failure to comply with the requirements of this section does not invalidate an authority or anything lawfully done under the authority.
15KG Making entries in register of births, deaths or marriages
The chief officer of:
(a) a law enforcement agency; or
(b) an intelligence agency (other than the Office of National Intelligence or the Australian Signals Directorate);
may apply, under a corresponding assumed identity law, to the Supreme Court of a State or Territory of a participating jurisdiction for an order that an entry be made in a register of births, deaths or marriages under the relevant law of that jurisdiction in relation to the acquisition of an assumed identity under an authority or corresponding authority.
15KH Effect of authority ceasing to be in force on register of births, deaths or marriages
(1) This section applies if:
(a) an authority for an assumed identity ceases to be in force; and
(b) there is an entry in relation to that assumed identity in a register of births, deaths or marriages because of an order under a corresponding assumed identity law.
(2) The chief officer of a law enforcement agency or an intelligence agency (other than the Office of National Intelligence or the Australian Signals Directorate) must apply for an order under the corresponding assumed identity law to cancel the entry within 28 days after the day the authority ceases to be in force.
Division 3—Evidence of Assumed Identity
15KI Request for evidence of assumed identity
(1) This section applies if an authority granted under section 15KB authorises a request under this section.
(2) The person specified in subsection (2A) may request the chief officer of an issuing agency stated in the authority to:
(a) produce evidence of an assumed identity in accordance with the authority; and
(b) give evidence of the assumed identity to the following:
(i) the authorised person named in the authority;
(ii) an officer of the law enforcement agency or the intelligence agency specified by the chief officer of that agency in the request.
Note: Section 15KW modifies the effect of this provision if control of the authority is transferred.
(2A) For the purposes of subsection (2), the person who may make the request is:
(a) the chief officer of a law enforcement agency who granted the authority; or