6Determination of applications

6 Determination of applications

6 Determination of applications

(1) After considering an application for an authority to acquire or use an assumed identity, and any additional information under section 5 (4), 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 the purposes of—

(i) an investigation or intelligence-gathering in relation to criminal activity, or

(ii) implementing measures to facilitate the conduct of such investigations or intelligence-gathering that may take place in the future, or

(iii) enabling employees of the NSW Police Force to exercise their functions in administering witness protection programs and ensuring their safety while doing so, 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 a law enforcement officer—that it would be impossible or impracticable in the circumstances for a law enforcement 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 a law enforcement officer of the law enforcement agency to supervise the acquisition or use of the assumed identity by the authorised civilian.

(4) The law enforcement officer appointed as supervisor must be—

(a) in relation to the NSW Police Force, of or above the rank of Sergeant, and

(b) in relation to the Independent Commission Against Corruption, of or above the rank of Senior Investigator, and

(c) in relation to the New South Wales Crime Commission, an officer of the New South Wales Crime Commission who is designated by that Commission as a New South Wales Crime Commission Senior Investigator, and