sec.283Deciding application

### sec.283 Deciding application After considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 282 (4) , the chief executive officer— may grant an authority to acquire or use the assumed identity, with or without conditions; or may refuse the application. The chief executive officer must not grant an authority to acquire or use an assumed identity unless the chief executive officer is satisfied on reasonable grounds of all of the following— the assumed identity is necessary for 1 or more of the following purposes— an investigation or intelligence gathering in relation to criminal activity; the training of persons for the purpose mentioned in subparagraph (i) ; an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ; the risk of abuse of the assumed identity by the authorised person under the authority is minimal; if the application is for authorisation of an assumed identity for a person who is not a law enforcement officer—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. If an authority is granted for an authorised civilian, the chief executive 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. The law enforcement officer appointed as supervisor under subsection (3) must be— for the police service—of or above the rank of sergeant; or for the CCC—an authorised commission officer. An authority may also authorise 1 or more of the following— an application to the independent member for a birth certificate approval; an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ; a request under section 294 or 307 . A separate authority is required for each assumed identity. s 283 ins 2000 No. 22 s 8 amd 2001 No. 69 s 378 sch 1 sub 2005 No. 45 s 12 amd 2014 No. 21 s 94 (2) sch 2 ; 2021 No. 24 s 31 ; 2023 No. 17 s 182 (1) s ch 3 pt 1 (sec.283-ssec.1) After considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 282 (4) , the chief executive officer— may grant an authority to acquire or use the assumed identity, with or without conditions; or may refuse the application. (sec.283-ssec.2) The chief executive officer must not grant an authority to acquire or use an assumed identity unless the chief executive officer is satisfied on reasonable grounds of all of the following— the assumed identity is necessary for 1 or more of the following purposes— an investigation or intelligence gathering in relation to criminal activity; the training of persons for the purpose mentioned in subparagraph (i) ; an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ; the risk of abuse of the assumed identity by the authorised person under the authority is minimal; if the application is for authorisation of an assumed identity for a person who is not a law enforcement officer—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. (sec.283-ssec.3) If an authority is granted for an authorised civilian, the chief executive 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. (sec.283-ssec.4) The law enforcement officer appointed as supervisor under subsection (3) must be— for the police service—of or above the rank of sergeant; or for the CCC—an authorised commission officer. (sec.283-ssec.5) An authority may also authorise 1 or more of the following— an application to the independent member for a birth certificate approval; an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ; a request under section 294 or 307 . (sec.283-ssec.6) A separate authority is required for each assumed identity. - (a) may grant an authority to acquire or use the assumed identity, with or without conditions; or - (b) may refuse the application. - (a) the assumed identity is necessary for 1 or more of the following purposes— (i) an investigation or intelligence gathering in relation to criminal activity; (ii) the training of persons for the purpose mentioned in subparagraph (i) ; (iii) an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ; - (i) an investigation or intelligence gathering in relation to criminal activity; - (ii) the training of persons for the purpose mentioned in subparagraph (i) ; - (iii) an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ; - (b) the risk of abuse of the assumed identity by the authorised person under the authority is minimal; - (c) if the application is for authorisation of an assumed identity for a person who is not a law enforcement officer—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. - (i) an investigation or intelligence gathering in relation to criminal activity; - (ii) the training of persons for the purpose mentioned in subparagraph (i) ; - (iii) an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ; - (a) for the police service—of or above the rank of sergeant; or - (b) for the CCC—an authorised commission officer. - (a) an application to the independent member for a birth certificate approval; - (b) an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ; - (c) a request under section 294 or 307 .