(b) the chief officer of an intelligence agency (other than the Office of National Intelligence or the Australian Signals Directorate) who granted the authority; or
(c) if the chief officer of the Office of National Intelligence granted the authority—the chief officer of the Australian Security Intelligence Organisation or the Australian Secret Intelligence Service; or
(d) if the chief officer of the Australian Signals Directorate granted the authority—the chief officer of the Australian Security Intelligence Organisation or the Australian Secret Intelligence Service.
(3) The request must state a reasonable period for compliance with the request.
(4) The request must include:
(a) the date of the authority granted under section 15KB; and
(b) details of the assumed identity authorised; and
(c) details of any evidence of the assumed identity that may be acquired under the authority.
(5) A request must not be made under this section for an entry in a register of births, deaths or marriages.
(6) In this section:
evidence means evidence similar to that ordinarily produced or given by the issuing agency.
Note: The chief officer may delegate functions under this section—see section 15LH.
15KJ Government issuing agencies to comply with request
The chief officer of a Commonwealth government issuing agency who receives a request under section 15KI must comply with the request within the reasonable period stated in the request.
15KK Non‑government issuing agencies may comply with request
The chief officer of a non‑Commonwealth government issuing agency who receives a request under section 15KI may comply with the request.
15KL Cancellation of evidence of assumed identity
(1) The chief officer of an issuing agency who produces evidence of an assumed identity under this Part must cancel the evidence if directed in writing to do so by the chief officer who requested the evidence.
Note 1: The chief officer who requested the evidence may delegate functions under this section—see section 15LH.
Note 2: Section 15KW modifies the effect of this provision if control of the authority is transferred.
(2) In this section:
cancel includes delete or alter an entry in a record of information.
15KM Return of evidence of assumed identity
(1) This section applies if an authority for a person to acquire or use an assumed identity ceases to be in force.
(2) The chief officer of a law enforcement agency or the chief officer of an intelligence agency may, in writing, request the person to return to the chief officer any evidence of the assumed identity acquired under the authority.
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(3) A person commits an offence if:
(a) a request has been made to the person under subsection (2); and
(b) the person fails to comply with the request.
Penalty: 10 penalty units.
15KN Protection from criminal liability—officers of issuing agencies
The chief officer, or an officer, of an issuing agency who does something that, apart from this section, would be a Commonwealth offence or an offence against a law of a State or Territory, is not criminally responsible for the offence if the thing is done to comply with a request under section 15KI or a direction under section 15KL.
15KO Indemnity for issuing agencies and officers
(1) This section applies if the chief officer of either a law enforcement agency or an intelligence agency makes a request under section 15KI or gives a direction under section 15KL to the chief officer of an issuing agency.
(2) The Commonwealth must indemnify the issuing agency, or an officer of the issuing agency, for any liability incurred by the agency or officer (including reasonable costs) if:
(a) the liability is incurred because of something done by the agency or officer in the course of duty to comply with the request or direction in the course of duty; and
(b) any requirements prescribed under the regulations have been met.
Division 4—Effect of Authority
15KP Assumed identity may be acquired and used
A person may acquire or use an assumed identity if:
(a) the person is an authorised person (other than an authorised civilian) and the acquisition or use is:
(i) in accordance with an authority; and
(ii) in the course of duty; or
(b) the person is an authorised civilian and the acquisition or use is in accordance with:
(i) an authority; and
(ii) any direction by the person’s supervisor under the authority.
15KQ Protection from criminal liability—authorised persons
If an authorised person does something that, apart from this section, would be a Commonwealth offence or an offence under a law of a State or Territory, the person is not criminally responsible for the offence if:
(a) the thing is done in the course of acquiring or using an assumed identity in accordance with an authority; and
(b) the thing is done:
(i) in the case of an authorised intelligence officer, an authorised law enforcement officer or an authorised foreign officer—in the course of his or her duty; or
(ii) in the case of an authorised civilian—in accordance with any direction by his or her supervisor under the authority; and
(c) doing the thing would not be an offence if the assumed identity were the person’s real identity.
15KR Protection from criminal liability—third parties
If a person does something that, apart from this section, would be a Commonwealth offence or an offence under a law of a State or Territory, the person is not criminally responsible for the offence if:
(a) the person is a Commonwealth officer; and
(b) the thing is done in the course of the person’s duty; and
(c) the chief officer who granted the authority has authorised the doing of the thing; and
(d) if an authorised person had done the thing in accordance with an authority, the authorised person would not have been criminally responsible for the offence because of the application of section 15KQ.
15KS Indemnity for authorised persons
(1) This section applies if the chief officer of either a law enforcement agency or an intelligence agency grants an authority.
(2) The Commonwealth must indemnify the authorised person under the authority for any liability incurred by the person (including reasonable costs) because of something done by the person if:
(a) the thing is done in the course of acquiring or using an assumed identity in accordance with the authority; and
(b) the thing is done:
(i) in the case of an authorised intelligence officer, an authorised law enforcement officer or an authorised foreign officer—in the course of his or her duty; or
(ii) in the case of an authorised civilian—in accordance with any direction by his or her supervisor under the authority; and
(c) any requirements prescribed under the regulations have been met.
15KT Particular qualifications
(1) Sections 15KQ, 15KR and 15KS do not apply to anything done by an authorised person if:
(a) a particular qualification is needed to do the thing; and
(b) the person does not have that qualification.
(2) Subsection (1) applies whether or not the person has acquired, as evidence of an assumed identity, a document that indicates that he or she has that qualification.
Example: An officer who cannot fly a plane is not authorised to fly even though he or she has acquired a pilot’s licence under an assumed identity.
15KU Effect of being unaware of variation or cancellation of authority
(1) If an authority has been varied in a way that limits its scope, this Part continues to apply to the authorised person to whom it relates as if it had not been varied in that way, for as long as the person:
(a) is unaware of the variation; and
(b) is not reckless about the existence of the variation.
(2) If an authority has been cancelled, this Part continues to apply to the authorised person to whom it related as if it had not been cancelled, for as 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 authority or authorisation 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.
15KV Transfer of control of authorities
(1) The chief officer of an intelligence agency (the originating agency) may agree in writing with the chief officer of another intelligence agency (the receiving agency) to transfer control of an authority to the chief officer of the receiving agency if:
(a) the authority was granted by the chief officer of the originating agency; or
(b) control of the authority was transferred to the chief officer of the originating agency under a previous application of this subsection.
Note: The chief officer may delegate functions under this section—see section 15LH.
(2) The chief officer of a law enforcement agency (the originating agency) may agree in writing with the chief officer of another law enforcement agency (the receiving agency) to transfer control of an authority to the chief officer of the receiving agency if:
(a) the authority was granted by the chief officer of the originating agency; or
(b) control of the authority was transferred to the chief officer of the originating agency under a previous application of this subsection.
Note: The chief officer may delegate functions under this section—see section 15LH.
(3) The chief officer of the originating agency must give the chief officer of the receiving agency a written document setting out:
(a) whether the authority has been reviewed under section 15KF, and if so, when a review was last conducted; and
(b) whether control of the authority has previously been transferred under this section, and if so:
(i) the date of each such transfer; and
(ii) the name of the originating agency and receiving agency in relation to each such transfer.
(4) Control of the authority is transferred at the time when the chief officer of the receiving agency signs and dates a copy of the authority.
(5) Despite subsection (4), if the authority relates to an authorised civilian, control of the authority is not transferred until the chief officer of the receiving agency appoints an officer of that agency to be the authorised civilian’s supervisor.
(6) The chief officer of the receiving agency must vary the authority in accordance with section 15KE to state the name of the supervisor appointed under subsection (5).
(7) Control of an authority must not be transferred under this section if:
(a) the person who is to acquire or use the assumed identity, or who has acquired or used the assumed identity, is a foreign officer authorised to acquire or use the assumed identity by the chief officer of a law enforcement agency; or
(b) the assumed identity is to be, is being or has been used in a foreign country and the authority was granted by the chief officer of a law enforcement agency.
15KW Consequences of transfer of control of authorities
(1) This section sets out the consequences of the transfer of control of an authority under section 15KV.
(2) The authority continues to be in force after the transfer.
(3) The following provisions have effect, after the transfer, as if the chief officer of the receiving agency had granted the authority instead of the chief officer of the originating agency:
(a) section 15KE (which deals with variation and cancellation of authorities);
(b) section 15KF (which deals with review of authorities);
(c) sections 15KI and 15KX (which deal with requests for evidence of assumed identities).
(4) To avoid doubt, the obligation under section 15KF, as that section has effect because of subsection (3), for the chief officer of the receiving agency to review the authority, only arises:
(a) in the case of an authority transferred under subsection 15KV(1):
(i) 3 years after the last review of the authority by the chief officer of an intelligence agency; or
(ii) if no such review has been undertaken—3 years after the authority was granted; and
(b) in the case of an authority transferred under subsection 15KV(2):
(i) 12 months after the last review of the authority by the chief officer of a law enforcement agency; or
(ii) if no such review has been undertaken—12 months after the authority was granted.
(5) Section 15KL (which deals with cancellation of evidence of assumed identity) has effect as if the chief officer of the receiving agency had made the request under section 15KI.
Division 5—Mutual Recognition under Corresponding Laws
15KX Requests to a participating jurisdiction 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 of a participating jurisdiction stated in the authority to:
(a) produce evidence of the 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 who is named 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
(b) the chief officer of an intelligence agency (other than the Office of National Intelligence or the Australian Signals Directorate) who granted the authority; or
(c) if the chief officer of the Office of National Intelligence granted the authority—the chief officer of the Australian Security Intelligence Organisation or the Australian Secret Intelligence Service; or
(d) if the chief officer of the Australian Signals Directorate granted the authority—the chief officer of the Australian Security Intelligence Organisation or the Australian Secret Intelligence Service.
Note: The chief officer may delegate functions under this section—see section 15LH.
(3) The request must state that it is a request under this section.
(4) A request must not be made under this section for an entry in a register of births, deaths or marriages.
15KY Requests from a participating jurisdiction for evidence of assumed identity
(1) This section applies if:
(a) an authority under a corresponding assumed identity law authorises a request for:
(i) the production of evidence of an assumed identity from a Commonwealth government issuing agency; and
(ii) the giving of evidence of the assumed identity to the authorised person named in the authority; and
(b) the request is made to the chief officer of the Commonwealth government issuing agency; and
(c) the request states a reasonable period for compliance with the request.
(2) Subject to subsection (3), the chief officer of the agency who receives the request must comply with the request within the reasonable period stated in the request.
(3) This section does not require any of the following to comply with a request made as mentioned in paragraph (1)(b):
(a) the chief officer of an intelligence agency (other than the Office of National Intelligence);
(c) the chief officer of the Australian Geospatial‑Intelligence Organisation.
15KZ Directions from a participating jurisdiction to cancel evidence of assumed identity
(1) The chief officer of an issuing agency who produces evidence of an assumed identity because of a request mentioned in section 15KY must cancel the evidence if directed in writing to do so by the chief officer who authorised the request.
(2) In this section:
cancel includes delete or alter an entry in a record of information.
15L Indemnity for issuing agencies and officers
(1) This section applies if the chief officer of either a law enforcement agency or an intelligence agency makes a request to the chief officer of an issuing agency of a participating jurisdiction under section 15KX.
(2) The agency that makes the request must indemnify the issuing agency and any officer of the issuing agency, for any liability incurred by the issuing agency or the officer of the issuing agency (including reasonable costs) if:
(a) the liability is incurred because of something done in the course of duty by the issuing agency or the officer of the issuing agency to comply with the request; and
(b) any requirements prescribed under the regulations have been met.
15LA Application of this Part to authorities under corresponding laws
(1) The following provisions apply to anything done in relation to a corresponding authority as if it were an authority granted under section 15KB:
(a) section 15KP (assumed identity may be acquired and used);
(b) section 15KT (particular qualifications);
(c) section 15KU (effect of being unaware of variation or cancellation of authority);
(d) section 15LB (misuse of assumed identity);
(e) section 15LC (disclosing information about assumed identity).
(2) Sections 15KN, 15KQ and 15KR apply to anything done in relation to a corresponding authority as if:
(a) the corresponding authority were an authority granted under section 15KB; and
(b) references in those sections to an offence under a law of a State or Territory were omitted.
Division 6—Compliance and Monitoring
Subdivision A—Misuse of Assumed Identity and Information
15LB Misuse of assumed identity
(1) A person commits an offence if:
(a) the person is an authorised person (other than an authorised civilian); and
(b) the person acquires evidence of, or uses, an assumed identity; and
(c) the acquisition or use is not both:
(i) in accordance with an authority; and
(ii) in the course of duty; and
(d) the person is reckless as to the circumstance mentioned in paragraph (c).