5Application for authority to acquire or use assumed identity

5 Application for authority to acquire or use assumed identity

(1)  A law enforcement officer of a law enforcement agency may apply to the chief officer of the agency for an authority for the law enforcement officer or any other person to do either or both of the following:

(a) acquire an assumed identity;

(b) use an assumed identity.

(2)  A separate application must be made in respect of each assumed identity to be acquired or used.

(3)  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 a law enforcement 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 a law enforcement 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) 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 to be made for an order under section 11 in respect of the assumed identity.

(4)  The chief officer may require the applicant to furnish such additional information concerning the application as is necessary for the chief officer's proper consideration of the application.