41Determination of application

41 Determination of application (1) After considering an application for an authority to acquire or use an assumed identity, and any additional information provided under section 40(4), the chief officer of a law enforcement agency: (a) may grant an authority to acquire or use the assumed identity, either unconditionally or subject to conditions; or (2) An authority to acquire or use an assumed identity must not be granted unless the chief officer is satisfied on reasonable grounds: (a) that the assumed identity is necessary for 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 of or above the rank of sergeant. (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 46 or a corresponding law;

Police (Special Investigative and Other Powers) Act 2015 33 (b) a request under section 50 or 62; (c) the use of an assumed identity in a participating jurisdiction. (6) A separate authority is required for each assumed identity.