6Determination of application

6 Determination of application

(1)  After considering an application for an authority to acquire or use an assumed identity, and any additional information furnished 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 an investigation or intelligence-gathering in relation to criminal activity; 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) for the Police Service, of or above the rank of sergeant; or

(b) for the Australian Crime Commission, of or above the rank of senior investigator.

(5)  An authority may also authorise any one or more of the following:

(a) an application for an order for an entry in a register of births, deaths or marriages under section 11 or a corresponding law;

(b) a request under section 15 or 26 ;

(c) the use of an assumed identity in a participating jurisdiction.