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 > > > > > (d) in relation to the Law Enforcement Conduct Commission, a Commission investigator, and > > > > > (e) in relation to Corrective Services NSW, of or above the rank of Assistant Superintendent, and > > > > > (f) in relation to the Australian Crime Commission, of or above the rank of senior investigator, and > > > > > (g) in relation to an agency prescribed by the regulations as a law enforcement agency for the purposes of this Act, of or above such rank or position as may be prescribed by the regulations for the purposes of this provision in relation to that agency. > > > (5) An authority may also authorise any one or more of the following— > > > > > (a) an application for an order for an entry in the Births, Deaths and Marriages Register under section 11 or a like register under a corresponding law, > > > > > (b) a request under section 15 or 27, > > > > > (c) the use of an assumed identity in a participating jurisdiction. > > > (6) A separate authority is required for each assumed identity. > > **s 6:** Am 2014 No 88, Sch 1.14; 2015 No 15, Sch 2.29; 2016 No 61, Sch 6.29 \[4\].